The Delhi High Court has dismissed a plea by private institutions challenging the changed selection process which allowed National Board of Examinations (NBE) to conduct tests and allocate seats to medical students in Diplomate of National Board (DNB) programme.

The High Court also imposed a fine of Rs 1 lakh on the Association of National Board Accredited Institutions (ANBAI), which had filed the petition on behalf of private colleges and hospitals, and asked it to pay the money to the NBE.

According to the changed rules, NBE, a government body, conducts examinations, centralised counselling and allocate the applicants the institutes or hospitals as per their choice and ranks.

Mr Justice Rajiv Sahai Endlaw dismissed the plea of ANBAI saying “the changed procedure of NBE impugned in this petition is found to be in consonance with the changes approved by the apex court.” The right of students was far bigger than that of private institutions, the court said.

“I may record that the Supreme Court has approved the Regulations on Graduate Medical Education (Amendment), 2010 and Postgraduate Medical Education (Amendment) Regulations, providing for a single eligibility-cum-entrance examination for MBBS course known as ‘National Eligibility-cum-Entrance Test for admission to MBBS Course'.”

“And a single eligibility-cum-entrance Examination for postgraduate courses for admission to Postgraduate Medical Courses, to be held under overall superintendence, direction and control of the Medical Council of India,” Mr Justice Endlaw said.

Admission to DNB programme by centralised counselling was intended to curb corruption and “all other evil practices” associated with the admission, the court said.

The hospitals or institutes also include private ones which are affiliated to the NBE. The private institutes and hospitals alleged the changed procedure interfered with their rights to administer which also included the power to select students.

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