Dr Umang Litoriya & Ors. v. Union of India & Ors.

7. Subsequently, W.P.(C) 4628/2021 and W.P.(C) 4781/2021 were filed by various other doctors, who are similarly placed. W.P.(C) 4628/2021 was preferred by 53 doctors and W.P.(C) 4781/2021 was preferred by a further 16 doctors. In these writ petitions as well, directions, similar to the ones passed in W.P.(C) 4252/2021 were passed on 13th April, 2021 and 16th April, 2021, respectively. On 19th April, 2021, another connected matter, W.P.(C) 4820/2021 was taken up, however, since none appeared for the four Petitioner-doctors, the matter was simply adjourned to today's date.

8. Today, affidavits have been received on behalf of CPS Mumbai, the NMC as also the Union of India. There was a delay in filing the affidavit by Union of India as it is stated that the officers concerned were not available due to certain medical issues. NBE has filed a short reply. The NMC has W.P.(C) 4252/2021 & connected matters also emailed a copy of its letter dated 31st March, 2021, by which the NMC has strongly recommended to the MoHFW that it did not find any merit in the request of the Hand Holding Committee to recognise 14 courses offered by CPS, Mumbai and in fact, recommended denotification of the qualifications of CPS Mumbai from the schedules of the Indian Medical Council Act, 1956. The said letter is taken on record.

9. The stand of the NBE is that till the time the equivalence of the diplomas is confirmed by the UOI, the Petitioners and other similarly placed diploma holders cannot be permitted to appear in the examination.

10. The main issue is in respect of recognition and equivalence of the diplomas awarded by the CPS, Mumbai. Insofar as recognition is concerned, the diplomas are recognised under the IMC Act, for the purposes of practice. However, insofar as equivalence is concerned the stand of the NMC is at variance with the stand of the UOI.

11. On behalf of the UOI, the affidavits filed in all the three petitions i.e., W.P.(C) 4628/2021, W.P.(C) 4781/2021 and W.P.(C) 4252/202, have been deposed by Shri Amit Vishwas, the Under Secretary to the Ministry of Health and Family Welfare (hereinafter, “MoHFW”). The said affidavit, though not signed and attested, has been submitted by Mr. T.P. Singh, ld. Counsel for the Union of India to the Court Master. He undertakes that the signed affidavit would be emailed to the Registry, along with all the relevant annexures, on or before 15th May, 2021. The said affidavit on behalf of the UOI, sworn by the Under Secretary, may be accepted by the Registry, if it is prevalent pandemic conditions.

12. The affidavits filed in all petitions are almost identical. The affidavit W.P.(C) 4252/2021 & connected matters sets out the history in respect of CPS Mumbai and various qualifications awarded by the said institution. Without going into the entire history, it is sufficient to record that it is stated that a Committee was constituted on 5th August, 2016 to give a report in respect of various courses and recommendations for recognition of the courses. The affidavit gives details of the various earlier courses that were recognised, de-recognised and the final position as it stands today.

13. Along with the affidavit, the Union of India has also placed on record the letter dated 30th April, 2021, in respect of the equivalence of qualifications awarded by CPS Mumbai. The said letter reads as under: “To, The Executive Director National Board of Examinations Medical Enclave, Ansari Nagar, Ring Road, New Delhi-110029. W.P.(C) 4252/2021 & connected matters Sub: Equivalence of CPS qualifications to MD/MS/PG Diploma qualifications - reg. Sir, I am directed to refer to letters No.NBE/EDO/2020/429 dated 16.09.2020 and No.NBE/EDO/2021/2012 dated 06.04.2021 on the subject mentioned above and to say that the matter of equivalence of CPS qualifications to MD/MS/PG Diploma qualifications has been examined in the Ministry and the following is hereby conveyed: i. The DPB, DGO, DCH, MCPS, FCPS (Med.), FCPS (Path.), FCPS (Surg.), FCPS (Derm.), FCPS (Mid. & Gyn.) and FCPS (Opth.) are the only recognized CPS courses at present. ii. The aforementioned FCPS qualifications awarded by the CPS, Mumbai are recognized medical qualifications for the purpose of the erstwhile Indian Medical Council Act, 1956 and also for the purpose of the National Medical Commission Act, 2019. These qualifications are registrable qualifications for practice, however, the same are not equivalent to either MD or MS courses. iii. The Diploma qualifications DPB, DGO and DCH - awarded by the CPS, Mumbai are equivalent to their corresponding other recognized Diploma qualifications.” ”

14. As per the above mentioned letter and affidavit placed on record, the diploma qualifications awarded by CPS Mumbai, being Diploma in Pathology & Bacteriology (hereinafter, “DPB”), Diploma in Gynaecology & Obstetrics (hereinafter, “DGO”) and Diploma in Child Health (hereinafter, “DCH”) are stated to be recognized and equivalent to their W.P.(C) 4252/2021 & connected matters corresponding other recognised diploma qualifications. The affidavit has, therefore, concluded that the Petitioners, who possess the recognized diploma qualifications, would be entitled to appear in the DNB-PDCET, 2021 to be conducted by the NBE.

15. Considering the above stand of the Union of India and the MoHFW, all the Petitioners, who possess the qualifications of DPB, DGO and DCH, would be entitled to appear for the DNB-PDCET, 2021. The embargo imposed in clause 4.[8] of the NBE’s Information Bulletin would no longer be applicable, in view of the stand of the UOI.

16. Mr. Kirtiman Singh, ld. CGSC appearing for the NBE, submits that the examination was originally to be conducted on 9th May, 2021. However, owing to the spread of the Covid-19 pandemic, the same has been postponed and no specific date has been fixed for the conduct of the said examination.

17. Pursuant to the orders passed by this Court, several of the Petitioners had either applied or were permitted to apply for the DNB-PDCET, 2021. Subject to the verification of their applications, all eligible Petitioners would now be permitted to appear in the DNB-PDCET, 2021, as and when the date for the same is notified, in accordance with the Rules and Regulations of the NBE.

18. Considering that there could be other candidates who could not apply for the DNB-PDCET, 2021 and the fact that the examination is now postponed, a circular may be issued by the NBE extending the deadline for those candidates who possess the diplomas from CPS Mumbai, which are recognized and equivalent, to make an application to appear in the DNB- PDCET, 2021. W.P.(C) 4252/2021 & connected matters

19. The petitions are disposed of in the above terms. All pending applications are also disposed of.

PRATHIBA M. SINGH JUDGE MAY 4, 2021/dk/T