The court ruled that diploma qualifications from the College of Physicians and Surgeons, Mumbai are recognized and equivalent for the purpose of DNB-PDCET eligibility, nullifying prior restrictions.

Headnote:(A) National Medical Commission Act, 2019 - Section 35(8) - Writ petitions concerning eligibility of diploma holders from College of Physicians and Surgeons, Mumbai to appear for DNB-PDCET, 2021 - Clause 4.8 of Information Bulletin restricting such candidates deemed invalid as relevant diplomas recognized and equivalent. (Paras 5, 15)

(B) Equity and justice - The court balances the urgency of the Petitioners and the historical practice of admitting such candidates to the examination, thus allowing applications despite new restrictions. (Paras 12, 15)

Facts of the case:
The Petitioners, holding diplomas from CPS Mumbai, challenged the restriction imposed by the NBE preventing their application for DNB-PDCET until equivalence of their qualifications is confirmed by the Government.

Findings of Court:
Petitioners are permitted to apply for DNB-PDCET as their diplomas were recognized as equivalent, thus the embargo in Clause 4.8 is no longer applicable.

Issues: The main issue concerned the recognition and equivalence of diplomas awarded by CPS Mumbai.

Ratio Decidendi: The court concluded that the qualifications in question were equivalent to other recognized diplomas, and the previous practice of admitting such candidates should continue.

Result: Petitions disposed of in favor of the Petitioners.

JUDGMENT

Prathiba M. Singh, J. (Oral)--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 eligibility criteria. In the past, candidates who are equally placed as th