CPS Derecognition issue reaches parliament, govt cites NMC Act
New Delhi: While responding to the queries related to the derecognition of the College of Physicians and Surgeons (CPS) courses, the Union Minister of State for Health, Smt Anupriya Patel, informed the Lok Sabha that recognition to medical courses is granted under the National Medical Commission (NMC) Act, 2019.
Besides, any University or medical institute in India that grants an undergraduate, postgraduate, or super-speciality medical qualification not included in the NMC list may apply to the Apex Medical Commission before starting a course leading to a recognized medical qualification.
The clarification from the Union MoS Health was issued while reponding to the queries raised by Parliament member Shri Gurjeet Singh Aujla, who asked the Ministry whether the Government was aware of the ongoing discrimination being faced by CPS-qualified specialists in the country and whether the Government proposes to issue any Gazette Notification granting Pan India recognition to these CPS qualified specialists, and also about the specific timeline proposed for resolving this long standing issue given its National importance and impact on thousands of dedicated medical professionals in the country.
In response, Minister Patel informed, "National Medical Commission is a statutory body constituted under National Medical Commission (NMC) Act, 2019. Section 35 of the NMC Act, 2019 mentions about the recognition of medical qualifications granted by Universities or medical institutions in India."
"Additionally, any University or medical institution in India which grants an undergraduate or postgraduate or super-speciality medical qualification not included in the list maintained by the NMC, may apply to NMC before starting a course leading to a recognized medical qualification. Some states recognized qualifications of CPS based on the statutory provisions of the concerned state legislation," she further added.
The Postgraduate Medical Education Board (PGMEB) of the National Medical Commission (NMC) derecognised all the courses offered by CPS on August 16, 2024, on the grounds of failure to comply with the regulatory mechanism under the National Medical Commission Act, 2019. The show-cause notice stated that the CPS, Mumbai considers itself an examination-like body National Board of Examination in Medical Sciences (NBEMS) having authority to give medical qualification. However, it pointed out that while National Board is a government organisation under the NMC Act, CPS is a non-government organisation having no authority to permit or recognise any course of qualification run by any hospital or to conduct examination or award degree.
Earlier this year, the Bombay High Court dismissed the plea filed by the College of Physicians and Surgeons (CPS) challenging the derecognition of many postgraduate diploma courses that were deleted from the schedule of the Maharashtra Medical Council (MMC), 1965.
On the same day, the High Court bench had allowed a Public Interest Litigation (PIL) challenging permission given to CPS to conduct 10 additional PG courses. The PIL was filed before the High Court by a Mumbai-based doctor, Suhas Pingle.
In the order, the HC bench had also mentioned that the decision taken by the NMC Postgraduate Medical Education Board (PGMEB) in its July and August 2024 meetings also warranted no interference since it was founded in the Maintenance of Standards of Medical Education Regulations (MSMER-2023) "to ensure higher standards of medical education across the country".
However, the bench had mentioned that if CPS were compliant with regulatory norms for maintaining standards in medical education, on ensuring compliance with permission sought under the NMC Act, 2019, it may be able to start the courses, in the prescribed manner.
Following this, the matter came for consideration before the Supreme Court. Earlier this year, the Attorney General for India had informed the Apex Court that a viable solution would be arrived at to secure the future of students after the Bombay High Court upheld the derecognition of all PG medical courses offered by CPS Mumbai. Taking note of the issue, the Supreme Court on September 12 requested the intervention of the Attorney General for India to arrive at a viable solution in this regard.
Recently, granting a major relief to the students affected due to the derecognition of all postgraduate medical courses, the Central Government agreed before the Supreme Court to grant such students two final opportunities to clear their final examinations. This relief will apply to 852 students of CPS Mumbai, and after clearing their final examinations, they will also be enrolled with the State and National Medical Councils.
Also Read: Relief for 852 CPS Mumbai Students: Centre allows 2 attempts to clear final exams
