Results denied to the petitioners, must be declared immediately: Bombay High Court

 on 01 07 2021 on 22 03 Chittewan1 107&8 wp5343 18and orsNO.14966 OF 2018WITHINTERIM APPLICATIONNO.97590 OF 2021 Dr. Sayali Shankar Tidke ...Petitioner Versus Union of India throughSecretary And Others...RespondentsALONG WITHWRIT PETITION NO.4953 OF 2018 WITHINTERIM APPLICATION NO.80 OF 2021 Nupur Kunwarsingh Bhagat ...Petitioner Versus Union of India throughSecretary Ministry of HealthAnd Others ...RespondentsALONG WITHWRIT PETITION NO.5344 OF 2018WITHINTERIM APPLICATION NO.78 OF 2021 Keyur Raghuvendra Chakurwar...Petitioner Versus Union of India through itsSecretary And Others ...RespondentsALONG WITHWRIT PETITION NO.4758 OF 2018WITHINTERIM APPLICATION NO.73 OF 2021 Dr. Prashant Narsingarao Biradar ...Petitioner Versus Union of India throughSecretary Ministry of HealthAnd Others ...RespondentsALONG WITH on 01 07 2021 on 22 03 Chittewan3 107&8 wp5343 18and orsNO.12772 OF 2018WITHINTERIM APPLICATIONNO.97692 OF 2020 Nupur Kunwarsingh Bhagar...Petitioner Versus Union of India Through its Secretary Ministry of Health & Ors. ...RespondentsALONG WITHWRIT PETITION NO.4953 OF 2018WITHINTERIM APPLICATION NO.80 OF 2021 on 01 07 2021 on 22 03 Chittewan4 107&8 wp5343 18and orsNO.12473 OF 2018WITHINTERIM APPLICATIONNO.98318 OF 2020 Dr.Mohd. Zahir Siddiqui...Petitioner Versus Union of India Through its Secretary Ministry of Health & Ors....Respondents ….Mr. V.M. Thorat for the Petitioners.Mr. Rui Rodrigues a w. Mr. Akash Kotecha for Respondent No.1 Union ofIndia. Mr. Narayan Sahu a w. Dnyaneshwar Jadhav a w Saloni Vyas i b.Legasis Partners for College of Physicians and Surgeons.Mr. Abhishek Deshmukh a w Mr. Sanjiv Sawant for the Applicant inInterim Application No.3421.Smt. S.S. Bhende AGP and Smt. P.N. Diwan AGP for the State.Mr. Ganesh Gole for Respondent Nos.2 and 3. …. CORAM : S.C. GUPTE AND SURENDRA P. TAVADE JJ. DATE : 24 FEBRUARY 2021Oral Judgement :in holding that the Petitioners were not eligible topursue Secondary Diplomate of National Boardcourse on thebasis of qualifying diploma courses completed by the Petitioners. 2.The Petitioners in these petitions are all holders of MBBSDegree from different medical colleges. After obtaining such degree theyproceeded to undertake and complete post graduate diploma courses inmedicine or surgery as the case may be conducted by College ofPhysicians and Surgeons Bombay. These diploma courses conducted bythe College of Physicians and Surgeons have since long been recognizedas intermediate post graduate qualifications. A pre constitution law Indian Medical Degrees Act 1916 which had the assent of GovernorGeneral of India on 16 March 2016 recognized diplomas awarded by theCollege of Physicians and Surgeons as a recognized qualification alongwith three other catagories of organizations colleges for prosecutingWestern Medical Science including Allopathic Medicine. By a stroke ofluck the specifics of which we need not go into for the purpose of thesepetitions suddenly by a Notification issued on 2 December 2009 by theUnion Government various post graduate diploma courses conducted bythe College of Physicians and Surgeons came to be de recognized. Thisstate of affairs continued till about 17 December 2017. By a Notificationdated 17 January 2017 issued by Union Government after consultingMedical Council of India recognition of individual post graduate diplomacourses conducted by the College of Physicians and Surgeons came to berestored through an amendment to the First Schedule of Medical Councilof India Act. Various individual diplomas granted by the College ofPhysicians and Surgeons ever since December 2009 came to be included on 01 07 2021 on 22 03 Chittewan6 107&8 wp5343 18and orsfor admission toSecondary DNB course. Even their results at CET were declaredaccordingly. So far so good. Subsequent to their having cleared CET Union of India proceeded to issue yet another notification Notificationdated 22 January 2018once again de recognising the diplomas awarded by the College of Physicians andSurgeons. As a result of this last Notification Respondent No.3 Boardrefused to permit the Petitioners to undertake the Secondary DNB courseany further. This led to the Petitioners filing the present group ofpetitions.3.By a recent order passed on 10 April 2018 a Division Benchof this court directed the Respondents to permit the Petitioners to goahead with the Secondary DNB course as per the original Notificationdated 17 October 2017. No doubt the Division Bench made it clear thatthe fate of the course undertaken by the Petitioners would be subject tothe results of the petitions. The Petitioners in any event went ahead andparticipated in the course some of them having already completed thecourse and even procured Secondary DNB qualification based on their on 01 07 2021 on 22 03 Chittewan7 107&8 wp5343 18and ors2 Supreme Court Cases 445 on 01 07 2021 on 22 03 Chittewan9 107&8 wp5343 18and ors (stm).doc recognized. The Supreme Court held that since when the petitionerswere admitted to the course it had the requisite recognition it would beunjust for them to be told that their course had lost recognition. The factsof our case stand on an even better footing inasmuch as in our case weare not concerned with the recognition to the course now undertaken bythe Petitioners we are concerned with their eligibility qualification toundertake the course. As we have noted above they did meet theeligibility criteria when they appeared for CET for undergoing the presentcourse. Not only that but they were duly declared as meritoriouscandidates and admitted to the course and have proceeded to evencomplete the course. It would be all the more unjust in such a case forthe present Petitioners to be told that despite successful pursuit of thewhole course even with its successful completion in many cases thewhole exercise would be brought to a naught because the Governmenthas shifted its stand on the eligibility criteria midway. We are afraid thatwould be clearly impermissible. 7.Accordingly we make Rule absolute absolute and allow allthese petitions. Respondent No.3 Board is directed to hold and treat thePetitioners as individually eligible to pursue Secondary DNB course on thebasis of qualifying diplomas held by them from the College of Physiciansand Surgeons of Bombay. The individual qualifications of Secondary DNBcourse held by the individual Petitioners are accordingly entitled to betreated as qualifications duly obtained. Such of the Petitioners whoseresults have been withheld shall be entitled for declaration of theirindividual results and be allowed to prosecute either further studies orpractice medicine on that basis. Those of the Petitioners who have for on 01 07 2021 on 22 03 Chittewan10 107&8 wp5343 18and ors (stm).doc any reason failed in their Secondary DNB examination shall be entitledto reappear at the examination and declaration of their results at such re examination. Since appearance at the practical examiantion of those ofthe Petitioners who have given theory papers of Secondary DNB course depends on their results at the theory papers they would be entitled toappear for their practical examination accordingly. Respondent No.3 toforthwith declare the theory results of those candidates. 8.All the petitions are disposed in the above terms.9.In view of disposal of the petitions the respective InterimApplications taken out in the respective petitions do not survive and arealso disposed of. (SURENDRA P. TAVADE J)(S.C. GUPTE J.)1 

Summary: Petitioners who are holders of MBBS degrees, must be made aware of their results, so that they may either pursue studies or practice medicine or appear for re-examination, held, S.C. GUPTE AND SURENDRA P. TAVADE, JJ; while adjudicating the matter in Anita Kishanrao Videkar v. UOI; [WRIT PETITION NO.5343 OF 2018].  The Petitioners in these petitions are all holders of MBBS Degree from different medical colleges. After obtaining such degree, they proceeded to undertake and complete post graduate diploma courses in medicine or surgery, as the case may be, conducted by College of Physicians and Surgeons, Bombay. These diploma courses, conducted by the College of Physicians and Surgeons, have since long been recognized as intermediate post graduate qualifications. A pre-constitution law, Indian Medical Degrees Act, 1916, which had the assent of Governor General of India on 16 March 2016, recognized diplomas awarded by the College of Physicians and Surgeons as a recognized qualification, along with three other categories of organizations/colleges, for prosecuting Western Medical Science including Allopathic Medicine. By a stroke of luck, the specifics of which we need not go into for the purpose of these petitions, suddenly by a Notification issued on 2 December 2009 by the Union Government, various post graduate diploma courses conducted by the College of Physicians and Surgeons came to be de-recognized. This state of affairs continued till about 17 December 2017. By a Notification dated 17 January 2017, issued by Union Government, after consulting Medical Council of India, recognition of individual post graduate diploma courses conducted by the College of Physicians and Surgeons came to be restored through an amendment to the First Schedule of Medical Council of India Act. Various individual diplomas granted by the College of Physicians and Surgeons, ever since December 2009, came to be included once again as recognized medical qualifications. The individual Petitioners before us had, on the basis of diplomas held by them through College of Physicians and Surgeons, applied for admission to Secondary DNB course, which is a post graduate course of two years and which requires as a qualifying condition for admission holding of a recognised post graduate diploma. Based on the recognition granted by Notification of 17 January 2017, the Petitioners were considered eligible for appearing at a Common Entrance Test (“CET”) for admission to Secondary DNB course. Even their results at CET were declared accordingly. So far so good. Subsequent to their having cleared CET, Union of India proceeded to issue yet another notification, Notification dated 22 January 2018 (Gazetted on 12 February 2018), once again derecognising the diplomas awarded by the College of Physicians and Surgeons. As a result of this last Notification, Respondent No.3-Board refused to permit the Petitioners to undertake the Secondary DNB course any further. This led to the Petitioners filing the present group of petitions.