HC upholds derecognition of CPS Diploma courses
Bombay High Court
Mumbai: The Bombay High Court recently 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 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.
According to TOI, in its order, the HC Division bench of Justices Bharati Dangre and Manjusha Deshpande observed, "Letters of July 2024 issued by MMC... not to conduct counselling for ten CPS courses under MMC Act, on NEET PG score... do not warrant any interference."
Further, the bench noted in the order that there was "no infirmity" in the October 10, 2022 notification appointing an administrator under the MMC Act until the constitution of a new council.
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As per the latest media report by the Times of India, the High Court bench also mentioned in the order 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 further observed,
"If CPS is compliant with regulatory norms for maintaining standards in medical education, on ensuring compliance with permission sought under NMC (National Medical Commission) Act, 2019, it may be able to start the courses, in the manner prescribed."
Despite being more than a 100-year-old institute, CPS Mumbai has been facing controversies for a long time. CPS Mumbai is an autonomous body that imparts Postgraduate medical education and offers fellowship, diploma, and certificate courses for medical professionals. For the Diploma courses, the tenure is two years; in case of Fellowship, the tenure is three years. After obtaining the qualification granted by CPS Mumbai, the practitioners are allowed to register themselves as specialists in the concerned speciality.
However, citing significant gaps in the standards or institutes offering CPS courses, the Medical Education Department of Maharashtra previously wrote to the Union Health Ministry asking for its opinion on whether counselling could be conducted for around 1,100 CPS seats.
Back then, writing to the Centre, the department had referred to the inspection of the Maharashtra Medical Council and how during the inspection, MMC had found "severe deficiencies" in several institutes. Consequently, the Central Government had set up an eight-member committee to look into the matter.
The controversy continued further and then the Postgraduate Medical Education Board (PGMEB) of NMC recommended to the Union Health Ministry to withdraw the popular DPB- Diploma in Pathology and Bacteriology, DCH - Diploma in Child Health and DGO- Diploma Gynecology and Obstetrics courses run by CPS from the next academic year.
After NMC, the National Board of Examinations (NBE) also offered rejection to the CPS courses by refusing to bring them under the aegis of the NBE. Moreover, States including Rajasthan, Madhya Pradesh, Odisha, and Karnataka were reportedly considering decreasing the intake for the CPS courses or discontinuing them.
Back in 2023, the Maharashtra Government de-recognised the courses offered by CPS and asked the medical institutes and hospitals not to admit students for any of the 26 diplomas or fellowships offered by CPS, Mumbai. Ultimately the matter reached the High Court.
Filing a plea, the CPS sought permission from the HC to admit students in the 2024-2025 academic year. Meanwhile, in its PIL, Dr. Pingle, a former member of MMC, challenged the validity of section 28(2) of the MMC Act, which empowers the council to recognise the courses that don't form a part of the NMC Act.
Times of India has reported that in a related plea, the counsel for the institute, Rafique Dada argued before the HC bench that the derecognition of CPS is causing grave injustice as they have not been able to admit a single student since the academic year 2023.
Meanwhile, the counsel for Dr. Suhas Pingle, V M Thorat argued that while initially CPS had permission for 10 courses in five hospitals, it multiplied to admitting 1,200 students yearly to 178 hospitals.
During the hearing the HC bench also considered the submissions by state AG Birendra Saraf, advocates Ganesh Gole for NMC, and Rui Rodrigues for the health ministry. Ultimately, it dismissed the plea by CPS and allowed Dr. Pingle's plea. However, HC has left the issue of challenging the validity of section 28(2) of the MMC Act open to be assailed in other appropriate proceedings.
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