Chhattisgarh HC Stays 6 CPS Diploma courses

Raipur: Considering the issue of recognition of CPS course by the Medical Council of India, the Chhattisgarh High Court has passed a stay order on six of the diploma courses under College of Physicians and Surgeons (CPS), which the state government had introduced in order to fill the vacancy of specialists in the state.

The order in this direction was passed by a division bench comprising honourable Chief Justice Ajay Kumar Tripathi on 24^th September during a hearing of a Public Interest Litigation (PIL), filed by Congress leader Dr Rakesh Gupta.

While having a conversation with The Pioneer, Dr Gupta informed that he pleaded before the court that the courses were not approved as per the Act of Medical Council of India (MCI) and were having a heavy fee structure which was difficult to be borne by common students of the state.

The issue of the validity of CPS courses is currently pending before the Bombay High Court. The High court in an earlier interim order had taken a strong note of the fact that the governments were allowing these courses to flourish, despite questions being raised on the validity

Non-Recognition of CPS Courses- A debate

In August, Medical Dialogues had reported about the case pertaining to the recognition of CPS courses in which the Bombay High Court pulled up the central and the state government for allowing such courses to flourish despite opposition from the MCI stating,

“If a CPS diploma holder cannot teach any student nor can be termed as an expert in any branch of medicine or surgery, then, there is no warrant in allowing him to retain this degree in his bio-data or nameplate.”

Two of the gazette notifications by the Medical Council of India were also considered. Through a gazetted notification, dated 17th October 2017, Ministry of Health and Family Welfare gave recognition to various CPS diploma courses by including them in the 1st schedule of the MCI act.

Read Also: PG diplomas offered by CPS, Mumbai recognized by Medical Council of India

Soon in February 2018, the Ministry did a u-turn through another gazette notification by de-recognising majority of the CPS diploma courses

Read Also: U-Turn: Ministry of Health De-Recognizes PG diplomas offered by CPS, Mumbai

Hearing the matter on a writ filed by one Dr Priya ,the court observed the stand of the counsel of the Medical Council of India (MCI) as well as the National Board of Examinations (NBE) who stated that neither of the bodies were in favour of inclusion of the College of Physicians and Surgeons and its courses in the First Schedule to the Indian Medical Council Act, 1956.

” CPS being a Society without any proper infrastructure, teaching faculty, hospital, etc. required for imparting medical education is not legally entitled to conduct any medical course as well as confer any degrees whatsoever. In any event, the degree granted by the CPS cannot be treated as a recognized medical qualification.”

Read Also: CPS PG Diploma not Specialist Degree: HC slams govt, asks MCI to take corrective steps

It is reported that in 2016 Chhattisgarh government had declared the commencement of eight of the CPS courses, keeping in view of the shortage of specialists in the state.

For this purpose, the state government had amended Chhattisgarh Medical Act 1987 (No. 11-1990) section 26 and added 26 (A) after which a MoU was signed with College of Physicians and Surgeons, Mumbai in March, 2016. After completing all the formalities from all quarters and seeking permissions, the process of admission was started, reports Pioneer.

The courses offered were Diploma in Medicine, Orthopaedics, Anaesthesia, Oto-Rhino-lryngology (ENT), Ophthalmic Medicine and Surgery, Gynecology and Obstetrics (OBG), Pathology and Paediatric. All the doctors who had passed these courses have gotten the government’s backup support for appointment in the Community Health Centre, Primary Health Centers and other health centers of the state.

The courses have now been stayed by the High Court