- (1.) This Special Appeal is directed against the judgment dated 14.12.2004, in S.B. Civil Writ Petition No.3070/2003- Dr. Kantesh Khetani & 20 Ors. Vs. State of Rajasthan & Ors., by which the writ petition was allowed, to that extent, and in the manner, that the petitioners who were doing PG DNB Course of three years, were held entitled to receive stipend for all three years. The State of Rajasthan through the Secretary, Medical & Health Department, Government of Rajasthan, was directed to determine and fix the amount of stipend, to be paid to the students doing PG DNB Course, within three months, from the date when they started the Course. The stipend could be less than the amount, paid to the students doing PG Course (MS/MD), but that the amount should be higher than the amount, paid to the students doing Diploma Course.
(2.) Brief facts, giving rise to the writ petition are that, all the petitioners, who are respondents in this Special Appeal, took admission in Diploma Course, run by the National Board of Examinations (NBE), of a duration of three years in Dr. S.N. Medical College, Jodhpur, after their selections by the NBE, training in the course provided for award of Diplomate of National Board (DNB), and for which they were working in different hospitals of Jodhpur, affiliated to Dr. S.N. Medical College, Jodhpur.
(3.) The NBE was established by the Government of India in 1975, with an object of improving the quality of medical education, elevating the level of standard of post graduate examinations in modern medicine on all India basis. It was to function as a national resource of imparting quality in evaluation of professional competence in medical sciences. At that time, there were more than 135 recognized medical colleges in the country and abroad, in addition to over 191 accredited institutions imparting medical education in various levels, and in various broad and super specialties. The NBE identified 39 medical disciplines, for which approved training facilities were available in the country. Though, the Medical Council of India has laid down the standards for post graduate examinations, it was felt that the level of proficiency and standards of evaluation vary considerably in these institutions and the Universities. It was felt to set up a national body to conduct postgraduate medical examinations, to provide a common measurement of standard, and mechanism of evaluation of the minimum level of attainment of the objective, for which the postgraduate degree courses were started in medical institutions. The inter-country and international comparison was felt to be facilitated with the availability of commonly accepted evaluation mechanism.;