HC refuses to stay NBE notice to extend doctors training during COVID-19 pandemic'

New Delhi, Apr 29 () The Delhi High Court has refused to stay the decision of National Board of Examination (NBE) to extend the training of doctors, who are in the final year of training of the Diplomate of National Board (DNB), on the ground that it has been adversely impacted by the ongoing coronavirus pandemic.

The high court, in a hearing conducted through video conferencing, said there is a qualitative and quantitative difference between functioning of hospitals and imparting of training to DNB/Fellowship National Board (FNB) students there and the workload on doctors during the pandemic period cannot be remotely compared with the work handled by them in normal times.

The NBE, an autonomous body under the Ministry of Health and Family Welfare, was established to improve the quality of medical education and it conducts postgraduate and postdoctoral examinations. The degree awarded by NBE is called Diplomate of National Board.

DNB is a postgraduate or postdoctoral diploma in which the training lasts for three years and FNB is a fellowship in a sub-speciality where the training lasts for two years.

Justice C Hari Shankar, while rejecting the interim plea to stay the operation of the notice, said "The mere facts that hospitals and medical establishments continue to functioning during the COVID pandemic, therefore, does not, ipso facto (by the fact itself), lead to the conclusion that training of DNB residents is not adversely impacted, or belie the averment, to that effect, as contained in the impugned public notice, dated April 4, 2020.

"This, in fact, constitutes the main ground of challenge in the writ petition. Prima facie, I am not convinced."

The court said, "Given the necessity for optimum availability of doctors during the present COVID pandemic and bearing in mind the interests of patients, the balance of convenience would also militate against grant of interim relief to the petitioners."

The petitioners are resident doctors in the third /final year of the training of the DNB course, conducted by the NBE. They joined the DNB course between April and June 2017 and were scheduled to complete their training between April and June this year.

The doctors have challenged the NBE's notice which states that their training has been adversely impacted by the ongoing COVID-19 pandemic and it has been decided to extend the period of training of all DNB/FNB students, whose tenures were ending between April 1 and June 30, 2020, in all specialities, by six weeks and until further notice.

The court, in its order passed on April 27 and uploaded on website on Wednesday, issued notices and sought response of the Centre and NBE on the petition and listed the matter for further hearing on May 14.

The court said given the pan-India impact of the NBE's notice, it would be appropriate to seek the authorities' response.

The plea said the two orders issued by the Ministry of Home Affairs on March 24 and April 15 clarified that there would be no discontinuance of work in hospitals or treatment of patients, during the COVID-19 pandemic or imposition of lockdown by the government.

The petitioners' counsel said therefore, the main ground on which the notice was issued by NBE that training of DNB/FNB residents has been adversely impacted by the pandemic, is a "sham ground".

The court said functioning of hospitals during the COVID-19 lockdown or the pandemic cannot be equated with the manner in which hospitals function at other times.

"It is a matter of common knowledge that several hospitals have had to discontinue their normal activities and restrict their activities to treatment of COVID patients, with many hospitals - such as the Trauma Centre, AIIMS and LNJP Hospital – being designated as dedicated COVID Hospitals. Moreover, the workload on doctors, during the period of the present COVID pandemic, cannot even remotely be compared with the workload being handled by them in normal times," it said.

The judge said it is not possible for the court to return a finding that there is no adverse impact on training of DNB/FNB students merely because even during the currency of the COVID pandemic, hospitals continue to function.

"The extent to which imparting of training to DNB and FNB students stands impacted by the COVID-2019 crisis, and the altered workload and manner of functioning of hospitals during the currency thereof, is entirely within the province of knowledge of the respondents (NBE and Centre)," the court said.

The court was informed by the Centre's counsel that the availability of petitioner doctors in the hospitals, where they are undergoing training, was essential at this time because if their training is allowed to be completed, there will be an exodus of 3156 doctors.

The counsel said it could adversely impact the treatment of patients, be it COVID sufferers and others, during the pandemic. SKV HMP RKS RKSRKS