BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMI AND

LADAKH AT SRINAGAR

in WP(C) No.35/2022
CM No.51/2022

In the case of: - Dr. Shabir Ahmad Mir

(Petitioner)
V/S

National Board Of Examinations & Others.

(Respondents)

In the matter of:- Objections on behalf of National Board

of Examinations (Respondent no. 1 to 3)
in the case titled above and dismissal of
the writ petition.

May it please your Lordship:-

The applicant/answering Respondents most humbly submits as

under:-
PRELIMINARY OBJECTIONS:
1. That the petitioner has no locus stand to file the present
petition, as the petitioner has not been denied or deprived of a legal
right nor had the petitioner sustained any injury to any legally
protected interest.
2. That at the outset, it is respectfully submitted that the present
petition is highly misconceived and is liable to be dismissed at the
threshold.
3. That the petitioner has a statutory remedy available before the
answering Respondents where he has given an undertaking for
opting a conformed seat in DNB CET SS 2018 as :-
1) That I am an applicant for admission to DNB Super Specialty course of
National Board of Examinations for the admission session 2018 and
opting for a conformed seat through merit based counselling in Surgical
Gastroenterology at SKIMS Jammu & Kashmir .

2 a). In the event I do not join the DNB Super Specialty Course or leave
 the course within six months of joining , I am liable to pay sum of
Rupees 3 lakh to NBE.
b). In the event I leave the DNB Super Specialty course after six months
of joining, I am liable to pay Rupees 5 lakh to NBE as compensation
losses incurred due to mid-stream departure.
3) I am fully aware and under take that in case I do not fulfill the criteria
As indicated in para 2 (vide supra), I shall not be eligible to appear in
any examination conducted by NBE including NEET-SS for a period of 3
years from date of signing of this undertaking.
That these impugned clauses are meant to act as a
deterrent to ensure that students do not abandon these
super specialty seats after having accepted admission as
there is acute scarcity of seats in the highly specialized
courses involving state of art infrastructure, medical
equipment and reputed faculty and that the country cannot
afford the loss / wastage of precious resources for providing
such advance and specialized education by seat going
vacant throughout the entire duration of the course due to
withdrawal from study of the course by any student , also
that the government spends crores of rupees in
establishment/imparting SS medical Courses, hence such
penal conditions for such withdrawal / leaving the course is
strictly enforced.
4. That it is most respectfully submitted that the National Board
Of Examinations conducted the DNB CET-SS 2018 and
accordingly in the counselling proses which was done by the
answering respondents the petitioner was allotted the seat
in the field of Surgical Gastroenterology in SKIMS Srinagar
and after 2018 session the counselling process is done by the
MCC. The answering respondents after the 2018 session
provides seat matrix of DNB to the MCC (Medical Counselling
Committee) for the conduct of counselling and once the
counselling process for seat allotment is done by the MCC
(Medical Counselling Committee) and after completing the
process of seat allotment, the MCC provides seat allotment
data back to the National Board Of Examinations (NBE) i.e.
 Respondent No.1 to 3. It is respectfully submitted that the
said MCC being the body responsible for counselling and seat
allotment as such MCC is a necessary and proper party in the
present petition. In the absence of the MCC, the present
petition is ipso facto not maintainable and would deserve to
be rejected on this said ground alone.
5. That when the petitioner did not register on the NBE’S web

portal the answering Respondents sent the petitioner the

deficiency on 21-08-2019 & 0n 30-01-2019 but the petitioner

did not respond at all. The reality is that the petitioner kept

the department in the dark by hiding the fact that he has not

only appeared in DNB CET SS 2019 but also took a Urology

seat in Govt. Medical College Srinagar. The said petitioner

has also broken all the conditions in the undertaking which

he had submitted before the answering Respondents. The

answering Respondents also received complaints against the

petitioner in this regard. When the petitioner was sent

reminder after reminder, he remain silent and when the

answering respondents sent him the final reminder to deposit

the 5 lacs , the petitioner sent back a communication to the

answering respondents in “which he has mentioned that if

the National Board of Examinations will again ask me to pay

the compensation as mentioned in the undertaking he will

straight forward move to the Hon’ble Court of law for

compensation of 1.8 crore from National Board of

Examination” .

A chart denoting the admission of the petitioner in SKIMS &

in SMHS Srinagar is placed as under :-
 Session 2018 Session 2019
(Previously taken seat) (Current taken seat)
Name Dr. Shabir Ahmad Mir Dr. Shabir Ahmad Mir
Hospital Sheri-I-Kashmir Institute Of Medical Government Medical College
Sciences, Soura, Srinagar. Karan-Nagar Srinagar.

Subject Surgical Gastroenterology Genito Urinary Surgery (Urology)

Session CET-SS January 2018 CET-SS January 2019

Date of 27-03-2018 24-08-2019

joining

6. That the petitioner has a stuatory remedy available before

the concerned National Board of Examinations where he has
given an undertaking. He had suffered no legal grievance. He
had no legal peg for a justiciable claim to hang on. He has no
locus standi to challenge the grant of “undertaking”.
PARA WISE REPLY:-
1.That the objections are being filed in response to the
present petition, unless any averment / submission/
allegation made in the petition is specially admitted, the
same may be treated as denied. The answering Respondent
carves leave to file affidavit at the subsequent stage, if
necessary.
2.That para 1st needs no reply.
3.That in reply to para no. 2 nd it is submitted that the
petitioner has a statutory remedy available before the
answering Respondents where he has given an undertaking
for opting a conformed seat in DNB CET SS 2018 as :-
1. That I am an applicant for admission to DNB Super Specialty course of

National Board of Examinations for the admission session 2018 and opting for
a conformed seat through merit based counselling in Surgical
Gastroenterology at SKIMS Jammu & Kashmir .
2(a). In the event I do not join the DNB Super Specialty Course or leave the
course within six months of joining , I am liable to pay sum of Rupees 3 lakh
to NBE.
(b) In the event I leave the DNB Super Specialty course after six months of
joining, I am liable to pay Rupees 5 lakh to NBE as compensation losses
incurred due to mid-stream departure.
3. I am fully aware and under take that in case I do not fulfill the criteria as
 indicated in para 2 (vide supra), I shall not be eligible to appear in any
examination conducted by NBE including NEET-SS for a period of 3 years
from date of signing of this undertaking.

That it is not any exceptional circumstances in the present

petition which could justify the writ of mandamus or
certiorari. But having highest respect and regard of this
Hon’ble Court and as per the directions of this Hon’ble High
Court dated 08-02-2022 wherein the respondents were
directed to release provisionally the registration number of
the petitioner and the same was done as per the direction of
this Hon’ble Court.
4. That para no. 03,04 & 05 needs no reply from the
answering respondents.
5. That in reply to the para no.6 , the petitioner has not sent
any communications to the NBE i.e answering respondents
regarding the change of the institution or the guide as it only
when the answering respondents sent the petitioner the final
notice to pay Rs 5 Lacs through demand draft in favour of
the NBE, then the petitioner responded the notice by writing
them to pay the compensation of 1.8 crore rupees. Further, if
the petitioner had seen that the department of surgical
Gastroenterology is not having adequate facilities, he should
have resigned without waiting long 17 months. On the one
hand the petitioner is writing that he has contacted
immediately with the answering respondents and the other
hand he has mentioned in his petition on page no. 26
annexure VII that due to the current blockade of internet the
petitioner was not able to communicate with the answering
respondents.
6. That in reply to para 7 the petitioner continued with his
studies for 17 months at SKIMS in the department of
Surgical Gastroenterology and was known of the undertaking
submitted by him before the answering respondents for
opting a conformed seat in DNB CET SS 2018 that “ In the
event I do not join the DNB Super specialty course or leave
the course within six months of joining. I am liable to pay
sum of 3 lakh to NBE and after joining of six months of
joining, I am liable to pay Rupees 5 lakh to NBE as
compensation losses incurred due to mid stream departure
and in case I do not full fill to pay the money, I shall not be
eligible to appear in any examination conducted by NBE
including NEET-SS for a period of 3 years.” The petitioner got
allotted seat in the hospital SKIMS Srinagar Kashmir in the
subject of Surgical Gastroenterology and the petitioner joined
the said Institute on 27-03-2018.The candidate was
compulsory to register himself on NBE’S portal but the
petitioner did not register, for which deficiency was sent to
him on 30-01-2019 & on 21-08-2019. But the petitioner
neither responded nor registered himself on the NBE’s web
portal. On 20-08-2019, the answering Respondents received
a complaints regarding appearing of the petitioner in NEET-
SS 2019 & on 21-08-2019 the answering respondents sent an
email to his institute (skims) to know the present status of
the candidate/ petitioner and in response of which institute
forwarded the resignation of the petitioner w.e.f. 22-08-2019
vide email 28-08-2019 and on 28-08-2019, we received
another complaint from the candidate saying that the
candidate has not just appeared in the NEET-SS 2019, but
also took a Urology seat in the Government Medical College
Srinagar Kashmir. On 04-08-2019 we requested the allotment
data of the petitioner from MCC (Medical Counselling
Committee) and they provided the same and on 04-09-2019,
a letter from NBE regarding the compensation was sent to
the petitioner both soft copy as well as hard copy, and the
petitioner didn’t respond to it. When the answering
Respondents sent him the final letter, the petitioner started
levelling serious allegations against the said Institution. The
faculty present in the said Institution (SKIMS) is annexed as
Annexure I. It is further submitted that the answering
respondents have never issued the allotment letter in favour
of the petitioner in Urology (Genito Urinary Surgery) in
Government Medical college Srinagar.
7. That the para number 08 is matter of record and needs
no reply from the answering Respondent.
8. That in reply to para no. 09 & 10 it is submitted that the
petitioner has never been allotted the seat in UROLOGY
(Genito-Urinary Surgery) by the answering respondents as
the domain of the allotting the seat lies with the MCC, and
the petitioner violated the terms and conditions of the DNB-
CET SS Centralized Counselling Jan-2018 Admission Session
were he has submitted an undertaking before the counselling
that in case he leaves the course within six months he is
liable for 5 lacs and if he do not full fill the criteria then he
shall not eligible to appear in any examination conducted by
the NBE including NEET-SS for a period of 3 years. But
despite the undertaking the petitioner not only violated the
rules and regulations of NBE as he got selected in the NEET-
SS session 2019 in the Government Medical College Srinagar
in the department of Genito Urinary Surgery (Urology) but
also wasted one highly specialized seat of Surgical
Gastroenterology.
9. That in reply to para 10 & 11of the writ petition, it is
submitted that on the basis of the directions of this Hon’ble
Court dated 08-02-2022 where by the answering respondents
were directed to release provisionally the registration number
in favour of the petitioner to enable the petitioner to upload
his thesis for consideration by the official respondents and
accordingly the orders of this Hon’ble Court were compiled by
the answering respondents. The copy of the order dated 08-
02-2022 is annexed as annexure II.
10. That in reply to para 12 & 13 of the writ petition , the
petitioner was allowed to upload his thesis and his provisional
registration was also released as per the directions of this
Hon’ble Court dated 08-02-2022.
REPLY TO GROUNDS

A. That grounds A to H are denied and in reply to these

grounds it is submitted that a number of students have

completed this DNB from the department of Surgical

Gastroenterology at SKIMS and are now working in different

prestigious Institutions of the country. Also as per the

inspection of the NMC the department of Surgical

Gastroenterology at SKIMS was allowed by the NMC to run

the highest degree i.e Mch and once the MCH is granted by

the NMC the DNB course is to be withdrawn. The petitioner

illegally got selected in CET-SS in the session 2019 in Genito

Urinary Surgery in Government Medical College Srinagar and

resigned from the department of Surgical Gastroenterology

SKIMS after 17 months and when the answering respondents

(NBE) sent him the final reminder to submit / deposit 5 lacs

as penalty mentioned in the said undertaking mentioned in

the writ petition as Annexure-II on page no.18 which is not

arbitrary one because he had himself signed this undertaking

at the time of counselling before the counselling committee

and once got illegally selected in CET-SS in DNB in Genito

Urinary Surgery (Urology) in GMC Srinagar, he started

levelling serious allegations against the said department of

Surgical Gastroenterology SKIMS and also against the NBE .

11.That these objections are supported by an affidavit.

In the premises, it is humbly prayed

that the Hon’ble Court may be pleased to allow these
 objections and the writ petition above captioned may be
dismissed in the interest of justice.

Applicant/Answering Respondent No.1 to 3

through counsel.

Irshad Mohi ud din Bhat

Advocate
Chamber no. 93 High Court
Of Jammu and Kashmir & Ladakh
Cell No. 9622886416
EmailID: bhatirshadm@gmail.com

BEFORE THE HON’BLE HIGH COURT OF JAMMU & KASHMIR AND

LADAKH AT SRINAGAR
 In the case of: - DR. Mohd Hanif Bhat

V/S

National Board of Examinations and Others.

In the matter of:- Affidavit in support the objectios

I…………………………………………, Aged 48 years S/O …………..,

Designation Deputy Director National Board of Examinations
New Delhi, do hereby state on oath as under:-

1. That the objections have been drafted at my instance and I

have understood each content thereof.

2. That the factual averments made in the objections are true

to my personal knowledge. Nothing has been concealed or
suppressed therein.
3. That the legal averments made in the objections are true
and correct to the best of my knowledge and information
derived from the official record and the legal submissions
are based on the legal advice tendered which I believe to
be true and correct and nothing has been concealed or
suppressed therein.

Deponent

Verification: -
Verified today on __ /06/2022 at _________ that the
averments made herein above are true and correct to the best
of my knowledge and nothing has been concealed or
suppressed therein.

Deponent