Dr Nadeem Bashir Pushoo vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 3 November 2026

1. The applicants, 14 (fourteen) in number, have filed the instant O.A. Since the cause of action and reliefs claimed by all the applicants are identical, the M.A. for joint application under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, is allowed.

2. Through the medium of the instant petition, the applicants seek the following reliefs:

1. By an order or direction the impugned action of the respondents demanding the fee from the applicants on the basis of communication No. SHS/NHM/J&K/DNB/13249-88 dated 10-09- 2024, issued by the respondent No. 2 through State Nodal Officer NHM J&K and withholding the Completion Training Certificate (Final) of the applicants on the basis of said reason be declared null and void and illegal.

2. Direct respondents Nos. 3 to 9 to issue and release the final Diplomate of National Board (DNB) completion training certificates in favour of the applicants in their respective disciplines i.e respondent No. 3 be directed to issue the final certificate in favour of applicant No. 1 to 5, respondent No. 4 be directed to issue the final certificate in favour of applicant No. 6 & 7, respondent No. 5 be directed to issue the final certificate in favour of applicant No. 8 to 10, respondent No. 6 be directed to issue the final certificate in favour of applicant No. 11, respondent No. 7 be directed to issue the final certificate in favour of applicant No. 12, respondent No. 8 be directed to issue the final certificate in favour of applicant No. 13 and respondent No. 9 be directed to issue the final certificate in favour of applicant No. 14 without insisting upon payment of the enhanced fee on the basis of communication No. SHS/NHM/J&K/DNB/13249-88 dated 10-09-2024 issued by respondent No. 2 or in the alternative, By an order or direction the communication No. SHS/NHM/J&K/DNB/13249-88 dated 10-09-2024 be not be given effect in the case of the applicants herein or same be declared null and void to the extent of the applicants.

3. Direct the respondents to consider, determine and release the admissible arrears of Non-Practising Allowance (NPA) in favour of the applicants for the relevant period of their DNB training, at the rate prescribed in terms of Jammu and Kashmir Government Doctors Relaxation (Relaxation of Restrictions on Private Practice) Rules, 1998 with interest within a specific period.

4. Any other relief, order, or direction that this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case may also be passed in favour of the applicants.

3. What emerges from the pleadings of the case is that the applicants, while working as Medical Officer in the department of Health and Medical Education, UT of J&K, applied for admission to the Post MBBS DNB Diploma Courses-2023 in response to the notifications issued by the Board of Professional Entrance Examination (BOPEE) J&K in the year 2023.

4. As stated in the petition, No Objection Certificates (NOCs) were issued in favour of the applicants as they were in-service candidates. It is further stated that after completion of the selection process conducted by the Board of Professional Entrance Examination (BOPEE), a provisional list of eligible candidates for admission to the course of MBBS DNB Diploma Courses-2023 was issued vide Notification No. 097-BOPEE of 2023 dated 15.10.2023 and Notification No. 088-BOPEE of 2023 dated 26.09.2023. In the said list dated 26.09.2023, the applicants no. 1, 2 & 10 figured at Sr. No. 13, 4 & 3, in list dated 15.10.2023, the applicants no. 3 to 9 figured at serial nos. 3, 62, 57, 47, 15, 6, 36 and the applicants no. 11 to 14 figured at serial nos. 33, 22, 39, 60 in the notification dated 15.10.2026. The applicants no. 1 to 12 were under OM Category and applicants no. 13 & 14 were in RBA and ST Categories respectively.

5. As stated, the applicants no. 1 to 5 were allotted Govt. Medical College Anantnag, applicants no. 6 & 7 were allotted Govt. Medical College Srinagar and applicants no. 8, 9 and 10 were allotted Govt. Medical College Baramulla (respondent no. 3 to 5) in the Discipline of Psychiatry, General Medicine, Obstetrics and Gynaecology, Pharamacology, General Medicine, Forensic Medicine, Immunohematology and Blood Transfusion, Obstetrics and Gynaecology, Anesthesiology, Paediatrics, General Medicine, General Medicine, Obstetrics and Gynaecology and General Medicine and the applicant no. 11 was allotted Govt. Sub District Hospital Kupwara, applicant no. 12 was allotted Govt. District Hospital Kulgam, applicant no. 13 was allotted Govt. Medical College and Associated Hospital District Udhampur and applicant no. 14 was allotted Govt. Raja Sukhdev Singh District Hospital Poonch (respondent no. 3 to 5) in the discipline of Psychiatry, General Medicine, Obstetrics and Gynaecology, Pharamacology, General Medicine, Forensic Medicine, Immunohematology and Blood Transfusion, Obstetrics and Gynaecology, Anesthesiology, Paediatrics, General Medicine, General Medicine, Obstetrics and Gynaecology and General Medicine (respondent no. 6 to 9).

6. It is further stated in the O.A. that before joining the course, the applicants were relieved by their immediate/controlling officers properly and they were allowed to join by the respective colleges/ institutions where they had to undergo for their respective course.

7. The applicants were directed by their respective heads of the colleges / institution to deposit a fee of Rs. 32,500/- each in total for completion of the course to which they were selected and allowed to join. As stated, the applicants deposited the prescribed demanded fee amount in full which was accepted by the respondents no. 3 to 9

8. It is further contended in the O.A. that the applicants successfully completed their course in the year 2026. It is added that on completion of the courses the applicants were relieved by their respective institutions/ colleges with a direction to join in the office of Director Health Services Kashmir (respondent no. 10) for further posting/duties.

9. Learned counsel for the applicants submits that after completion of their courses, the applicants approached the respondents (Principals/ Medical Superintendents - respondent No. 3 to 9) for issuance of the final completion certificate of their respective courses, as they had to forward the same to respondent no. 11 (National Board of Examinations ) for further action. However, instead of issuing the DNB Completion Certificates (Final) they were told that instead of Rs. 32,500/- (Fee), they are supposed to pay/deposit Rs. 1,25,000/- (Rupees One Lakh Twenty five thousand ) per year, each on the basis of a communication No. SHS/NHM/J&K/DNB/13249-88 dated 10.09.2024 issued by the State Nodal Officer NHM J&K of Mission Director National Health Mission J&K.

10. The grievance of the petitioner, as projected in the instant O.A., is that at the relevant point of time of their selection/ admission, the fee structure was admittedly Rs. 32,500/- for post MBBS, NDB Diploma course 2023 in total for the whole period of three years as is itself clear from the order No. SHS/NHM/J&K/DNB-24317-33 dated 05.03.2022 issued by the Mission Director himself, as the same was in force when the applicants were selected and granted the admission. Further, on deposition of fee which was accepted by respondents no. 3 to 9 without any impediment, the applicants were allowed to pursue their DNB course without any hindrance or objection till they completed the same. Therefore, the fresh fee structure fixed in terms of letter dated 10.09.2024 cannot be applied to them as the same is prospective in nature and the same would be illegal and unjustified.

11. Learned counsel for the applicants submits that even at asking of the respondents no. 3 to 9, the applicants submitted an undertaking in the shape of affidavits stating therein that in case if it is found in future at any point of time that the new fee structure in terms of the communication dated 10-09-2024 is applicable to them they will deposit the requisite balance fee. However, even after submitting the same, the respondents no. 3 to 9 have not issued the DNB Completion Training Certifcate (Final) in favour of the applicants.

12. It is stated that the applicants are being paid only their basic pay against the post of Medical Officer held by them before joining to the DNB Course and all allowances including non-practicing allowance (NPA) were not released in their favour when the fact of the matter is that in terms of Jammu and Kashmir Govt. Doctors Relaxation (Relaxation of restrictions on private practice) Rules, 1998, they were entitled for non-practicing allowance equal to 25% of their basic pay.

13. To substantiate his arguments, Mr. M.A. Beigh, has referred to the judgment of the Hon’ble Supreme Court in Malaya Nanda Sethy vs. State of Orissa and Others, 2022 LiveLaw (SC) 522, wherein it has been held that the rules applicable at the relevant time have to be applied and any subsequent rule cannot be given retrospective effect. In addition, learned counsel for the applicants has also relied upon the judgment passed by the Hon'ble High Court of J&K in WP(C) No. 6658/2019 dated 11.07.2019, wherein it was held that certificates of the petitioners cannot be withheld by the respondents. Reliance is also laid upon the case titled as M. Akash v. The State of Telangana decided on 09.01.2026, wherein the Hon'ble Madras High Court held that the certificates of the students are his/her property and even if the college has any monetary claim, the college cannot detain the said certificates at any rate.

14. Learned counsel for the respondents further submits that the applicants have filed affidavits wherein they have undertaken that if at any point of time it is ascertained under the new rules that they are required to pay additional fees under the modified guidelines, they will deposit the said amount.

15. Heard learned counsel for the parties.

16. Issue notice. Mr. Syed Musaib, learned DAG, accepts notice and is granted four weeks’ time to file the reply.

17. Since the applicants have already qualified the course, at this stage, subject to objections of the other side and in order to preserve the subject matter of the lis, it is directed that respondents no. 3 to 9 shall issue the final DNB Certificate in favour of the applicants, subject to the condition that the applicants furnish a Bank Guarantee before the respondents no. 3 to 9, equivalent to the amount demanded in terms of the latest NBEMS Guidelines/Bulletin of 2024. The Bank Guarantee shall be from any Nationalized Bank or from Jammu & Kashmir Bank, validity to be extended from time to time by the applicants, and shall remain subject to further orders of this Tribunal and the final outcome of the O.A.

18. Needful shall be done expeditiously upon furnishing of the Bank Guarantee.

19. List this matter on 16.02.2027. Prasant Kumar Member (A) M. S. Latif Member (J) Abhishek Punia ( court master )