Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2028

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M.Singh, J.
Umang Litoriya & Ors. - Appellants
Versus
Union Of India & Ors. - Respondents
W.P. (C) No. 4252 of 2021, 4628 of 2021, 4252 of 2021 , 4781 of 2021, 4820 of 2021; C.M. Appl No. 12933 of 2021, 14219 of 2021, 15811 of 2021, 14747 of 2021, 14854 of 2021
Decided On : 04-05-2021

Advocates appeared:
Mithu Jain, Advocate, Apoorve Karol, Advocate, Jitesh Vikram Srivastava, Advocate, Vinod Tiwari, Advocate, Prajesh Vikram Srivastava, Advocate, Kirtiman Singh, Advocate, Waize Ali Noor, Advocate, Taha Yasin, Advocate, Satvik Varma, Advocate, Manish Dhir, Advocate, Yogesh Chawak, Advocate, Tanveer Oberoi, Advocate, T. Singhdev, Advocate, Michelle, Advocate, Biakthansangi Das, Advocate, T.P. Singh, Advocate, Rajesh Kumar, Advocate, Ravi Rai, Advocate, Rakesh Nautiyal, Advocate, Pankaj Kumar, Advocate, Vijay Joshi, Advocate, Sahaj Garg, Advocate

The central legal point established in the judgment is the recognition and equivalence of medical qualifications under the IMC Act 1956 and the NMC Act 2019, particularly in relation to the eligibility criteria for appearing in the DNB-PDCET 2021 examination.

Headnote:
equivalence - medical qualifications - IMC Act 1956, NMC Act 2019 - 4.1, 4.8, 35(8)
Fact of the Case:

The case involved doctors with MBBS qualifications and diplomas from CPS Mumbai seeking to appear for the DNB-PDCET 2021 examination. The challenge was to Clause 4.8 of the Information Bulletin, which imposed an embargo on candidates with CPS Mumbai diplomas unless their equivalence with NMC/MCI PG Medical Diploma qualifications was confirmed by the Government of India.
Finding of the Court:

The court found that the diplomas from CPS Mumbai were recognized and equivalent to their corresponding other recognized diploma qualifications, as per the stand of the Union of India and the MoHFW. Consequently, the embargo imposed in Clause 4.8 of the NBE's Information Bulletin was no longer applicable.
Issues: The main issue was the recognition and equivalence of the diplomas awarded by CPS Mumbai, as it affected the eligibility of the doctors to appear for the DNB-PDCET 2021 examination.
Ratio Decidendi: The court relied on the stand of the Union of India and the MoHFW, which confirmed the recognition and equivalence of the CPS Mumbai diplomas, leading to the conclusion that the doctors possessing these qualifications were entitled to appear for the DNB-PDCET 2021 examination.
Final Decision: The court disposed of the petitions, permitting all eligible petitioners to appear in the DNB-PDCET 2021 examination, subject to the verification of their applications. It also directed the NBE to issue a circular extending the deadline for candidates with recognized and equivalent CPS Mumbai diplomas to make an application for the examination.

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through video conferencing.

CM APPL. 15802/2021 in W.P. (C) 4252/2021

CM APPL. 15801/2021 in W.P. (C) 4781/2021

CM APPL. 15811/2021 in W.P. (C) 4628/2021

2. These are applications for exemption from filing the duly attested affidavit in reply by the National Medical Commission (hereinafter, "NMC") i.e., Respondent No. 2.

3. The affidavits in reply are taken on record and the deponent shall be bound by the contents of the same. Applications are disposed of.

W.P. (C) 4628/2021 & CM APPLs. 14219/2021 (for stay and directions)

W.P. (C) 4781/2021 & CM APPL. 14747/2021 (for stay and directions)

W.P.(C) 4820/2021 & CM APPL. 14854/2021 (for directions)

W.P. (C) 4252/2021 & CM APPL. 12933/2021 (for stay and directions)

4. These writ petitions have been preferred by various doctors who possess MBBS qualifications and have thereafter completed their diplomas from the College of Physicians and Surgeons, Mumbai (hereinafter, "CPS Mumbai").

5. All the Petitioners wish to appear for the DNB-PDCET, 2021, conducted by the National Board of Examinations (hereinafter, "NBE"). The said examination was advertised by the NBE vide its Information Bulletin published on 25th March, 2021. The challenge in these petitions is to Clause 4.8 of the said Information Bulletin, which puts an embargo on candidates such as the Petitioners from applying for the DNB-PDCET, 2021, unless and until the Government of India confirms that their diploma qualifications are equivalent with their counterpart PG Medical Diploma qualifications of NMC/MCI.

6. These matters have been listed from time to time. The lead matter is W.P.(C) 4252/2021, which has been preferred by eight doctors. The said petition was taken up on 9th April, 2021, on which date, after conducting the preliminary hearing, the Petitioners were permitted to apply for appearing in the DNB-PDCET, 2021 examination. The order dated 9th April, 2021 reads as under:

"11. After hearing Id. counsels for the parties and perusing the record, especially the affidavit of the NBE, it is clear that until 25th March, 2021, when the Information Bulletin was published, diploma holders from CPS Mumhai appeared in the DNB-PDCET examination conducted in the previous years. There appears to be some doubt raised on behalf of the NBE as to whether the diploma qualifications awarded by CPS Mumbai are equivalent or not with their counterpart PG Medical Diploma qualifications of NMC/MCI. According to Mr. Kirtiman Singh, Id. counsel, several letters have been written by the NBE to the MoHFW, as also to the National Medical Commission. However, for whatever reasons, no stand has been taken as to the equivalence of the diplomas awarded the CPS Mumbai.

12. The urgency in the present petition, at this stage, is that the DNB PDCET, 2021 examination is to be conducted on 9th May, 2021 and the last date for submission of applications is April, 2021. The eligibility criteria, as stated in the Information Bulletin, reads as under:

"4.1. Candidates who have passed the final examination leading to the award of Post Graduate Diploma from Indian Universities which are duly recognized as per provisions of the NMC Act 2019 and the repealed Indian Medical Council Act 1956, Govt of India can apply for the DNB-PDCET 2021 in the same Broad specialty.

4.8. Candidates possessing Diploma qualifications awarded by the College of Physicians and Surgeons (CPS). Mumhai are not eligible to apply for DNB-PDCET till such time equivalence of CPS diploma qualifications with their counterpart PG Medical Diploma qualifications of NMC/MCL (as per PGMER, 2000) is confirmed by the Govt of India i.e. CPS diploma qualifications are equivalent to corresponding PG Diploma qualifications of NMC/MCL "

13. There is no doubt that previously, Clause 4.8 was never part of the Information Bulletin and only Clause 4.1 prescribed the