1 ITEM NO.32 COURT NO.1 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).6772/2023 (Arising out of impugned final judgment and order dated 31-01-2023 in WP(C) No. 24615/2021 passed by the High Court of Kerala at Ernakulam) DR. NINU SHERIN Petitioner(s) VERSUS NATIONAL BOARD OF EXAMINATIONS & ORS. Respondent(s) WITH SLP(C) No. 6719/2023 (XI-A) Date : 16-10-2023 These petitions were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Vikas Upadhyay, Adv. Ms. Filza Moonis, AOR For Respondent(s) Mrs. Maninder Acharya, Sr. Adv. Mr. Dhawal Mohan, Adv. Mr. Paranjay Tripathi, Adv. Mr. Parteek Bhatia, Adv. Mr. Gaurav Sharma, AOR UPON hearing the counsel the Court made the following O R D E R 1 The petitioners who are students of the DNB course took maternity leave. They were denied permission to appear for the December 2021 examination on the ground that they would not be in a position to complete the training by the cut- off date of 30 June 2022. An interim order of the High Court permitted appearance at the written and practical test for the DNB examination. However, the writ petition was, thereafter, dismissed which gave rise to these
2 proceedings. 2 It is common ground that the petitioners have since completed their training for the DNB course on 21 August 2022 and 28 August 2022. Having appeared in the examination pursuant to the interim orders of the High Court, both have cleared the examination. 3 In this view of the matter, we are of the considered view that the exercise of the jurisdiction under Article 142 of the Constitution would be appropriate to obviate injustice being caused to the petitioners by requiring them to appear in the examination afresh. Since the petitioners have cleared the examination and have also completed the required training for the course, they would be treated to have passed the examination. 4 Since after the declaration of the result, it was cancelled by the National Board of Examination, the Board shall formally recall the cancellation of the result and formally declare that the petitioners have passed the examination. 5 The Petitions are disposed of in the above terms. 6 Pending application, if any, stands disposed of. (SANJAY KUMAR-I) (SAROJ KUMARI GAUR) DEPUTY REGISTRAR ASSISTANT REGISTRAR
ITEM NO.52 REGISTRAR COURT. 1 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. H. SHASHIDHARA SHETTY Petition(s) for Special Leave to Appeal (C) No(s). 6772/2023 DR. NINU SHERIN Petitioner(s) VERSUS NATIONAL BOARD OF EXAMINATIONS & ORS. Respondent(s) WITH SLP(C) No. 6719/2023 (XI-A) Date : 25-08-2023 This petition was called on for hearing today. For Petitioner(s) Ms. Filza Moonis, AOR For Respondent(s) Mr. Kirtiman Singh, Adv. Mr. Weze Alli Noor, Adv. Mr. Waize Ali Noor, Adv. Mr. Gaurav Sharma, AOR Mr. Prateek Bhatia, Adv. Mr. Paranjay Tripathi, Adv. Mr. Dhawal Mohan, Adv. Mr. Manmeet Kaur Sareen, Adv. Ms. Manmeet Kaur Sareen, Adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 6772/2023 Ld. counsel for respondent Nos.1 and 2 has filed short reply affidavit. Contd…
-2- Service is complete on respondent No.3 but none has entered appearance. SLP(C) No. 6719/2023 Respondent No.1 is granted four weeks’ time, as last opportunity, for filing counter affidavit. Service is complete on respondent No.2 but none has entered appearance. At the end of the period aforesaid, whether counter affidavit is filed or not, Registry to process the matters for listing before the Hon’ble Court, as per rules. H. SHASHIDHARA SHETTY Registrar
ITEM NO.48 REGISTRAR COURT. 1 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. H. SHASHIDHARA SHETTY Petition(s) for Special Leave to Appeal (C) No(s). 6772/2023 DR. NINU SHERIN Petitioner(s) VERSUS NATIONAL BOARD OF EXAMINATIONS & ORS. Respondent(s) WITH SLP(C) No. 6719/2023 (XI-A) Date : 31-07-2023 This petition was called on for hearing today. For Petitioner(s) Ms. Filza Moonis, AOR For Respondent(s) Mr. Gaurav Sharma, AOR Mr. Kirtiman Singh, Adv. Mr. Dhawal Mohan, Adv. Mr. Prateek Bhatia, Adv. Mr. Paranjay Tripathi, Adv. Mr. Waize Ali Noor, Adv. Ms. Manmeet Kaur Sareen, Adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 6772/2023 Respondent Nos.1 & 2 have filed short reply affidavit. Service is complete on respondent No.3 but none has entered appearance. SLP(C) No. 6719/2023 Respondent No.1 is granted four weeks’ time for filing counter affidavit. Contd….
-2- Ld. counsel for the petitioner has filed proof of dasti service stating therein that notice was served to respondent no.2 through e-mail on 21.07.2023 on its official email Id. It is not as per rules. Ld. Counsel for the petitioner prays for and is granted two weeks’ time to take fresh steps and file fresh particulars, if any, in respect of the unserved respondent No.2. Ld. counsel makes request for service to be effected upon respondent No.2 through official e-mail, as it is hospital. Allowed. Dasti, in addition, is also allowed as prayed for. List again on 25.8.2023. H. SHASHIDHARA SHETTY Registrar
ITEM NO.18 COURT NO.1 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6772/2023 (Arising out of impugned final judgment and order dated 31-01-2023 in WP(C) No. 24615/2021 passed by the High Court of Kerala at Ernakulam) DR. NINU SHERIN Petitioner(s) VERSUS NATIONAL BOARD OF EXAMINATIONS & ORS. Respondent(s) (FOR ADMISSION ) WITH SLP(C) No. 6719/2023 (XI-A) (FOR ADMISSION and I.R.) Date : 15-05-2023 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Vikas Upadhyay, Adv. Ms. Filza Moonis, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 Issue notice. 2 Dasti service, in addition, is permitted. (GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR) AR-CUM-PS ASSISTANT REGISTRAR
ITEM NO.48 COURT NO.1 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6772/2023 (Arising out of impugned final judgment and order dated 31-01-2023 in WP(C) No. 24615/2021 passed by the High Court of Kerala at Ernakulam) DR. NINU SHERIN Petitioner(s) VERSUS NATIONAL BOARD OF EXAMINATIONS & ORS. Respondent(s) (FOR ADMISSION ) WITH SLP(C) No. 6719/2023 (XI-A) (FOR ADMISSION and I.R.) Date : 08-05-2023 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Ms. Filza Moonis, AOR Mr. Vikas Upadhyay, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List the Special Leave Petition on 15 May 2023. (GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR) AR-CUM-PS ASSISTANT REGISTRAR
ITEM NO.51 COURT NO.8 SECTION XI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6772/2023 (Arising out of impugned final judgment and order dated 31-01-2023 in WP(C) No. 24615/2021 passed by the High Court of Kerala at Ernakulam) DR. NINU SHERIN Petitioner(s) VERSUS NATIONAL BOARD OF EXAMINATIONS & ORS. Respondent(s) (FOR ADMISSION ) WITH SLP(C) No. 6719/2023 (XI-A) (FOR ADMISSION and I.R.) Date : 24-04-2023 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Vikas Upadhyay, Adv. Ms. Filza Moonis, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. Learned counsel for the petitioners relies on an order dated 25.11.2021 by a coordinate Bench of this Court presided over by Hon’ble Dr. Justice D.Y. Chandrachud (as His Lordship then was). 2. We, therefore, feel that it will be appropriate that the matters are placed before the Bench presided over by Hon’ble the Chief Justice of India. 3. The Registry is, therefore, directed to place the matters before Hon’ble the Chief Justice of India for appropriate orders. (NARENDRA PRASAD) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)