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2026 Supreme(Online)(Del) 13705
IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Manmeet Pritam Singh Arora, JJ
DR SACHIN GAGAJIBHAI SHETA – Appellant
Versus
UNION OF INDIA AND ORS – Respondent
LPA 149/2023
For the Appellants/Petitioners: Apoorve Karol
For the Respondents: Nidhi Raman, Akash Mishra, T. Singhdev, Abhijit Chakravarty, Bhanu Gulati, Yamini Singh, Tanishq Srivastava, Vedant Sood, Ramanpreet Kaur
Equivalence of medical qualifications is a technical academic matter determined by expert bodies; a clarificatory letter stating non-equivalence does not operate retrospectively if the status already existed, and the doctrine of legitimate expectation does not apply to academic eligibility standards.
Headnote:The appellant challenged a policy decision by the Ministry of Health and Family Welfare (MoHFW) and the National Board of Examinations (NBE) stating that Fellowship of the College of Physicians and Surgeons (FCPS) courses are not equivalent to MD/MS degrees, thereby making the appellant ineligible for the DNB/DrNB examination. The court analyzed the Indian Medical Council Act, 1956 and the National Medical Commission Act, 2019, noting that while certain FCPS courses were recognized for practice, they were never granted equivalence to postgraduate degrees for teaching or higher examination purposes. The primary issue was whether the clarification dated 30.04.2021 regarding non-equivalence was retrospective and if the appellant had a legitimate expectation to continue the course. The court reasoned that the letter was merely clarificatory of a position that already existed since 2018 and that academic bodies are competent to set eligibility criteria to maintain standards. It held that "equivalence is a technical academic matter" and cannot be presumed based on past practice. The appeal is dismissed and the pending applications having become infructuous are also dismissed.
| Table of Content |
|---|
| 1. challenge to non-equivalence of fcps courses for dnb eligibility. (Para 5 , 6 , 7 , 8) |
| 2. appellant's claim of accrued rights and retrospective application of policy. (Para 9 , 10 , 11 , 12 , 13) |
| 3. respondent's timeline of recognition and non-equivalence clarifications. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. court's finding on the consistent stand of non-equivalence. (Para 35 , 36 , 37 , 38) |
| 5. clarificatory letters are not retrospective and do not change rules mid-game. (Para 39 , 40 , 41 , 42) |
| 6. judicial deference to expert academic bodies on equivalence. (Para 43) |
| 7. dismissal of appeal based on lack of merit and existing precedents. (Para 44 , 45 , 46 , 47) |
JUDGMENT
V. KAMESWAR RAO, J.
CM APPL. 21350/2026(Exemption)
1. Exemption is allowed subject to all just exceptions.
2. The application is disposed of.
CM APPL. 9914/2023(Condonation of delay 90 day in filing),
3. For the reasons stated in the application, the delay of 90 days in filing the appeal is allowed.
4. The application is disposed of.
LPA 149/2023
CM APPL. 9913/2023
CM APPL. 9917/2023
CM APPL. 42078/2023
CM APPL. 44268/2023
CM APPL. 21349/2026
5. This Intra - Court appeal has been filed challenging the Judgment of the learned Single Judge in W.P.(C) 5328/202 dated 11.10.2022 whereby the learned Single Judge had dismissed two petitions including W.P.(C) 7615/2022. This appeal has been filed seeking the following prayers:
“a. Pass appropriate order(s) setting aside the impugned common order & judgment dated 11.10.2022 passed by the Ld. Single Judge of this Hon’ble Court in W.P.(C) No. 5328 of 2021;
b. Pass any other order(s) as this Hon’ble Court deems fit in the interest of justice.”
6. Before delving into the merits of the present controversy, it is essential to give a brief factual background surrounding this appeal as noted from the record. The appellant who was the petitioner before the learned Single Judge was pursuing a Fellowship of the College of Physicians and Surgeons (FCPS) at the College of Physicians and Surgeons of Mumbai (CPS Mumbai). The appellant has in effect challenged the policy decision taken by respondent no.1 - Ministry of Health and Family Welfare (MoHFW) which had held that the FCPS courses are not equivalent to a Master’s Degree being MS/MD Degree. The contention of the appellant was that the decision has made him ineligible for various examinations conducted after MS/MD Degree, among such examinations is the final exam for the Diplomat of National Board (DNB examination) and the National Eligibility cum Entrance Test-Super Speciality (NEET SS examination) which is conducted by the National Board of Examinations (NBE) being the respondent no.3 herein.
7. The respondent no.4 establishment is CPS Mumbai and offers certain post MBBS Medical Fellowship Courses which were recognised through government notifications since 1954. The learned Single Judge had noted the recognition status of such courses was subject of several litigations and the respondent no.1 through notification dated 22.01.2018 granted the status of a ‘recognised medical qualifications’ to certain FCPS courses offered by CPS Mumbai with specified dates for each course. On 30.04.2021, the respondent no.1 vide letter no. C.18018/11/2021-MEP C.18018/11/2021-MEP clarified that FCPS qualifications are recognised and eligible for registration as a medical qualification for the purposes of the Indian Medical Council Act, 1956 (IMC Act) and the National Medical Commission Act, 2019 (NMC Act) but the same are not equivalent to either the MD or MS Degrees. The appellant here being the aspirant for the DNB/DrNB examination must fulfil the eligibility criteria as set out by the NBE being that the aspirant must undergo DNB/DrNB training from accredited institute or likewise possess a post graduate degree in this case being MD or MS from a recognised university. However, for June 2021, the NBE issued an Information Bulletin for the DNB/DrNB examination
