HC upholds recognised qualification of 3 CPS Diploma Holders, allows them to appear for DNB PDCET
Aurangabad: Providing relief to a group of College of Physicians and Surgeons (CPS) Diploma holders, the Aurangabad bench of the Bombay High Court recently allowed them to appear in DNB-PDCET-2023 scheduled on 23rd April 2023.
Directing the authorities to issue admit cards to the doctors, the HC bench of Justices Ravindra V. Ghuge and Sanjay A. Deshmukh has also issued notices in the matter and listed it for further hearing on June 19, 2023.
After obtaining their MBBS degrees, the petitioner doctors got admitted to the Diploma in Medical Radiology and Electrology course (DMRE) with the College of Physicians and Surgeons (CPS) in Mumbai, between 17.10.2017 to 12.02.2018.
The Diploma in DMRE course was recognised as a Diploma course for students, who had acquired the said qualification from the College of Physicians and Surgeons of Mumbai, on or after December 2009.
Issuing a Gazette Notification on 23.10.2017, the Central Government had announced that 36 out of 39 CPS Diploma courses were recognized up to the publication of the Government of India Gazette notification dated 12.02.2018.
However, issuing a notice on 22.01.2018, the Union Health Ministry announced the derecognition of 36 diploma courses conducted by CPS including the DMRE course.
Meanwhile, the Union Health Ministry issued a clarification on 18.10.2022 and declared that those students, who had acquired diploma qualifications from CPS Mumbai or from other similar delisted institutions, between 17.10.2017 and 12.02.2018 (both days inclusive), would be deemed to have acquired the recognized DMRE qualification. The petitioner doctors, who wish to appear in DNB-PDCET-2023, had completed the course during this time period.
The Government through a letter dated March 24, 2023 issued a clarificatory note indicating that those 36 CPS Mumbai diploma courses which were derecognized by notification dated 12.02.2018, would be considered to be recognized during the period 17.10.2017 to 12.02.2018. Therefore, the petitioner doctors are qualified to appear for DNB-PDCET-2023 exam.
While considering the matter, the HC bench noted that a similar issued was considered by the HC bench in the case of Anita Kishanrao Videkar Vs Union of India through its Secretary and others, and the court had passed an interim order in the case and allowed the petitioner to appear for the same examination of 2021.
Taking note of the situation, the HC bench issued notices to the authorities and further noted,
"Considering the above, more particularly the fact that the diploma course qualification acquired by these three petitioners, by taking admission with CPS, Mumbai in between 17.10.2017 and 12.02.2018, having been declared to be a recognized diploma course, we permit the petitioners to appear for the examination scheduled on 23rd April, 2023."
Providing relief to the petitioner doctors, the court directed the authorities to issue admit cards to them and ordered,
"The Admit Cards for these three petitioners shall be issued expeditiously and the Respondents would ensure that there is no impediment for these petitioners to appear for the examination."
Meanwhile, during the hearing of the case, DSGI submitted that the competent authorities have formed a Committee under the Chairmanship of DGHS and comprising of 7 more members, which would be considering the issue of derecognition of the courses conducted by CPS, Mumbai.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/bombay-hc-order-207934.pdf
