Recognition and equivalence of medical qualifications are distinct; FCPS courses are recognized but not equivalent to MD/MS degrees, affecting eligibility for certain examinations.

JUDGMENT

Sanjeev Narula, J. The Petitioners are qualified doctors who are either pursuing or have completed fellowship courses in various fields [hereinafter, "FCPS courses"] offered by Respondent No. 4 - College of Physicians and Surgeons of Mumbai [hereinafter, "CPS Mumbai"]. They impugn the policy decision of Respondent No. 1 - Ministry of Health and Family Welfare, Union of India ["MoHFW"] that holds FCPS courses are not equivalent to MS/MD degrees. This decision renders them ineligible for various post MD/MS examinations, such as Diplomate of National Board final examination [hereinafter, "DNB examination"] and National Eligibility cum Entrance Test-Super Speciality ["NEET SS"] conducted by Respondent No. 3 - National Board of Examinations ["NBE"].

2. Both the petitions raise identical grounds of challenge and seek similar reliefs, and thus, are being disposed of by way of this common order.

3. Since the impugned policy decision shall be discussed in detail while dealing with contentions of the parties, at this juncture, for contextual understanding, a brief introduction to the controversy would suffice.

INTRODUCTION TO THE CONTROVERSY

4. CPS Mumbai, an institute established under the Societies Registration Act, 1860 offers certain post MBBS medical fellowship courses that stand recognised since 1954, by way of Government notifications. Over the years, recognition status of these courses has remained shrouded with uncertainty and controversies, which have often engaged several High Courts. In this regard, it is pertinent to note that vide notification dated 22nd January, 2018, MoHFW awarded status of `recognised medical qualifications' to certain FCPS courses offered by CPS Mumbai w.e.f. the specified dates for each course. Thereafter, on 30th April, 2021, MoHFW sent a letter bearing No. C.18018/11/2021-MEP to the Executive Director of NBE [hereinafter, "impugned letter/policy decision"] clarifying that the FCPS qualifications are recognised and registrable medical qualifications for the purpose of Indian Medical Council Act, 1956 ["IMC Act"] and the National Medical Commission Act, 2019 ["NMC Act"], but are not equivalent to either MD or MS.

5. Petitioners are aspirants of DNB examination, which, if successfully cleared, leads to award of Diplomate of National Board qualification in approved specialty. In order to appear for DNB examination, candidates must fulfil the eligibility criteria set out by NBE viz. undergo DNB training from NBE accredited institute, or possess post graduate degree (MD/MS) from recognised university. For June 2021 session, NBE issued an information bulletin for DNB examination [hereinafter, "information bulletin of 2021"], clause 4.3.2 whereof stipulates that candidates possessing FCPS qualifications are not eligible to apply till such time its equivalence with their counterpart MD/MS qualifications is confirmed by the Government of India. Later, pursuant to the impugned letter, clause 4.3.2 of the information bulletin for June 2022 session [hereinafter, "information bulletin of 2022"] declared FCPS course candidates to be ineligible for appearing in DNB examination.

6. As the Petitioners do not possess MD/MS degrees, and have also not undertaken DNB training, they have been rendered ineligible for said examination. In such circumstances, the decision of de-recognition of equivalence of FCPS courses vis-a'-vis MD/MS courses is impugned along with the eligibility condition prescribed by NBE under clause 4.3.2 of the aforesaid information bulletins.¹

CONTENTIONS

On behalf