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Judgment
S. C. Sharma, J
The petitioner before this Court who is working as a Senior Medical Officer in the Department of Orthopaedics, M.Y. Hospital M.G.M. Medical College, Indore, has filed this present writ petition for issuance of an appropriate writ, order or direction, directing the respondents to permit the petitioner to participate in the MD / MS Final Examination 2018 conducted by the M. P. Medical Medical Science University, Jabalpur and Devi Ahilya Vishvavidyalaya, Indore in respect of M.S. Orthopaedics. The contention of the petitioner is that he has obtained Bachelor's Degree in medicine in the year 2003 and thereafter a Post Graduate Diploma in Orthopaedics. Petitioner has further stated that he has obtained a Diplomate of National Board in Orthopaedics Broad Speciality Examination Session June 2017. He has filed a Certificate issued by National Board of Examinations dated 12/1/2018 as Annexure P/2). The contention of the petitioner is that the Government of India, Ministry of Health & Family Welfare has issued a Notification dated 1st June 2006 and as per the Notification issued by the Government of India, the qualification of Diplomate of National Board (DNB) awarded by National Board of Examination (NBE), New Delhi is equivalent to Post Graduate Qualification (MD/MS) awarded by the Indian Universities. Learned counsel for the petitioner has further stated that the DNB is a recognised qualification as per Schedule I of the Indian Medical Council Act, 1956 and, therefore, he is entitled to participate in the Examination of MD / MS Orthopaedics. Petitioner has further stated that the candidates who are holding qualifications of MD / MS to their credit can directly appear in the final examination of Diploamte of National Board conducted by the National Board of Examination, but there is no provision for the DNB holder candidates to take part in the final examination of MS Orthopaedics conducted by various Universities and, therefore, as candidates possessing DNB, can also appear in the MD / MS Final Year Examination, the petitioner who is possessing DNB can also certainly take part in MD / MS final Examination. Petitioner has further stated that the High Court of Punjab and Haryana in the case of Karamdeep Singh Kahal Vs. State of Punjab and Haryana at Chandigarh (CWP No. 6468/2010 decided on 13/4/2015) has allowed the petitioner therein Karandeep Singh to submit his examination form and, therefore, the petitioner is also entitled to appear in the final examination of MS Orthopaedics which is conducted by the MP Medical Science University, Jabalpur / Devi Ahilya Vishvavidyalaya, Indore.
A reply has been filed on behalf of the State of Madhya Pradesh as well as on behalf of the M. P. Medical Science University and it has been stated that there is no statutory provision of law which entitles a person holding Diplomate of National Board awarded by the National Board of Examination to appear in the Final Examination of M.D. Orthopaedics. The respondents have stated that as per the statutory provisions, as contained under the Indian Medical Council Act, 1956, Section 19(a) prescribes minimum standard of medical education and the Medical Council of India is the statutory authority to prescribe eligibility criteria for admission to Medical Colleges and to maintain standard of medical education. It has been further stated that Section 20 of the Act provides that the Council may prescribe standards of Post Graduate Medical Education for the guidance of the Universities and Sec. 33 of the Medical Council of India Act empowers the Council with the previous sanction of the Central Government to make regulations providing courses, period of study, subjects of examination, standards of proficiency therein to be obtained, conduct of professional examination. It has been further stated that in exercise of the powers conferred by Sec. 33 of the Indian Medical Council Act, 1956, the Medical Council of India, with previous sanction of the Central Government has framed the Regulations on Graduate Medical Education 1997 and the Post Graduate Medical Education Regulation, 2000. It has been further stated that the regulations framed by the MCI u/S. 20 of the MCI Act are framed by the Medical Council in exercise of the powers conferred under Entry 66 of List III of Schedule 7 of the Constitution of India and the regulations are having binding force. Respondents have further stated that according to Clause 8(3) of the Post Graduate Medical Education Regulations, 2000 every students selected for admission to a Post Graduate Course in any of the Medical Institutions in the country shall possess recognised MBBS Degree or equivalent qualification and should have obtained permanent registration with the Medical Council of India or any other Medical Council or should have obtained the same within one month from the date of his admission, failing which the admission shall stand cancelled. It has been further stated that Clause 9 provides the selection criteria for post graduate students. The respondents have further stated that Clause (9) prescribes criteria for placement in the merit list strictly on the basis of academic record and as the regulations have been framed with the previous sanction of the Central Government u/S. 33 of the Act, they are mandatory in nature. It has been further stated that the Regulations of 2000 do not permit a candidate who has passed DNB Examination or any other qualification to appear in the MD / MS Examination. The respondents have also stated that Section 11 of the Indian Medical Council Act, 1956 deals with recognition of medical qualification granted by the Universities or Medical Institutions and the inclusion of any course or degree in the I Schedule of the Act does not create any right in favour of the petitioner to appear in the examination of MD / MS final year. It has been further stated that the medical qualification granted by any University or any any medical institutions which is included in the First Schedule shall be recognised for the purpose of medical qualifications by the Medical Council of India and the entry only reveals that Diplomate National Board (DNB) qualification included in the Schedule shall be treated qualification to the MD / MS DM & M.C.H. Qualification or respective speciality or superspeciality for all purpose including appointment for the teaching post in the medical institutions. The teaching experience gained while pursuing DNB Course shall be treated as teaching experience for appointment in the teaching course in the medical institutions. Respondents have stated that the aforesaid entry does not mean that the Regulations of 2000 can be given a complete go-bye or should be treated as relaxed. It has been further stated that the Medical Council of India has notified National Eligibility cum Entrance Test (NEET) for admission to MBBS and for post graduate medical courses and a student who is desirous of obtaining post graduate degree can appear in a single examination and can apply for admission to any College in the country and the necessity of Common Entrance Test was realised and it has been finally approved by the Hon'ble Supreme Court of India also. The respondents have stated that a candidate can be given admission in MD / MS course only in case he qualifies the NEET Examination and finds place in the merit list prepared on the basis of NEET. It has been stated that the National Board of Examination awards Diplomate of National Board and it is true that the Diplomate awarded by the Board is treated as equivalent qualification keeping in view the First Schedule of Indian Medical Council Act, 1956. The holders of (DNB) Board's qualification can be considered for the specialists post / faculty in any Hospital, teaching institutions etc., The respondents have further stated that by no stretch of imagination the petitioner can be permitted to appear in the final examination of MD / MS and in case he wants to undergo MD / MS, he has to participate in the NEET examination and has to prove his worth and then only he can be permitted to appear in the MD / MS examination. It has also been stated that the judgment relied upon by the learned counsel for the petitioner was subject to challenge before the Division Bench and it was stayed by the Division Bench. The respondents have prayed for dismissal of the Writ Petition.
This Court has carefully gone through the Writ Petition as well as the reply filed by the respondents. Undisputedly, the petitioner has obtained MBBS Degree from a recognised institute. At the relevant point of time he was working as senior Medical officer in the Department of Orthopaedics, M.Y.Hospital, MGM Medical College, Indore and has obtained a Diploma in Orthopaedics. The petitioner has also obtained Diplomate of National Board certificate from the National Board of Examination and a provisional certificate dated 12/1/2018 is on record. The petitioner wants to appear in MD / MS final Examination 2018 conducted by the M. P. Medical Science University, Jabalpur / Devi Ahilya Vishvavidyalaya, Indore (M.S. Orthopaedics).
He has preferred present petition for issuance of direction to the answering respondent to accept the application forms and to allow the petitioner to take part in MD/MS final examination 2018 conducted by M.P. Medical Science Universities, Jabalpur selecting the petitioner for MS ( Orthopedics).
The Indian Medical Council Act, 1956 was enacted for the purpose of reconstitution of the Medical Council of India and the maintenance of a Medical Register for India and for matters connected therewith. The council's main function is to make recommendations to the central Government in the matters of recognitions of medical qualification, determining the courses of study and examination's required to obtain such qualifications, inspection of examination and maintenance of registers of medical practitioners etc.
Section 19 (a) prescribes minimum standards of medical education. Therefore Medical Council of India is a statutory authority to prescribe eligibility criteria for admission to medical colleges and to maintain standard of medical education.
Section 20 of the Act provides that the council may prescribes standards of post graduate medical education for the guidance of the universities and may advise the universities in the matter of securing uniform standards for post graduate medical education throughout India and for that purpose the central government may constitute a post graduate medical education committee.
Section 33 of M.C.I. Act empowers the council with the previous sanction of the central government to make such regulation providing the courses, period of study, subjects of examination, standards of proficiency therein to be obtained, conduct of professional examination etc.
In exercise of powers conferred by section 33 of the IMC Act 1956 the medical council of India with the previous sanction of the central government has framed the "Regulation On Graduate Medical Education 1997" and also "The Post Graduate Medical Education Regulation 2000". The post graduate medical regulation the 2000 are framed by M.C.I. under section 20 of M.C.I. Act. the aforesaid regulation's are framed by the medical council in exercise of powers under entry 66 of list I and entry 25 of list III of schedule 7 of The Constitution of India and are having binding force. The admission criteria has always direct impact on the standard of education. According to clause 8 (3) of the Post Graduate Medical Education Regulations 2000, every student selected for admission to a post graduate medical course in any of the medical institution in the country shall possess recognized MBBS degree or equivalent qualification and should have obtained permanent registration with the medical council of India, or any of the state medical councils or should have obtained the same within one month from the date of his admission, failing which the admission shall be cancelled. Similarly clause 9 provides the selection criteria for post graduate students. Clause 9 of the Regulations of 2000 prescribes criteria for placement in merit list strictly on the basis of academic merit. The regulations framed by medical council of India and with previous sanction of the Central Government under section 33 of the Act, have mandatory force. The medical council of India has the power to regulate admission in medical colleges and to take appropriate action if admission is made over and above the sanctioned strength. The 2000 regulations does not provides for allowing the candidates who have passed the DNB or any other qualifications to appear in MD/MS examination.
Section 11 of the Act deals with recognition of medical qualifications granted by universities or medical institution. The aforesaid inclusion of any course or degree in first schedule of the act does not create any right in favour of petitioner to appear in the examination of MD/MS final year. The medical qualification granted by any university or by any medical institution which is included in the first schedule, has been recognized for the purpose of medical qualification by the medical council of India.
The aforesaid entry only reveals that (a) Diplomate National Board (DNB) qualification included in the this schedule shall be treated as equivalent to MD MS DM & M.C.H Qualification of respective speciality or super specialty , as the case may be for all purposes including appointment to the teaching post in the medical institution.(b) The teaching experience gained while pursuing DNB Course shall be treated as teaching experience for appointment to the teaching posts in the medical institutions.
The Medical council of India (MCI) has notified the National Eligibility-cum-Entrance test (NEET) for admission to MBBS and postgraduate medical courses. Aspirants can, through NEET, appear for a single examination and apply for admission to any college of their choice across the country. NEET also specifies that admission is to be granted on the basis of the examination scores alone. The necessity of a common entrance test was considered and approved by the Supreme Court in a catena of judgments, and only on the basis of apex courts judgments the MCI has introduced NEET regulations.
The petitioner before this Court has not pointed out any statutory provision of law which permits the DNB holders, who have obtained DNB from National Board, to be permitted to appear in MS / MD Examination. Unless and until the statute provides for such a contingency, this Court cannot permit the petitioner to appear in the MS / MD Examination. The regulations governing the field makes it very clear that a person who wants admission in MS / MD Course has to appear in the NEET Examination and this Court cannot relax the condition of qualifying the NEET Examination. The petitioner has placed reliance upon the judgment delivered by the Punjab & Haryana High Court, however, the same has been stayed by the same High Court in L.P.A.No. 692/2015. Otherwise also, once regulations have been framed for conducting NEET Examinations, and no other statutory provision of law permits the petitioner to appear in the MS / MD Final Examination, this Court is of the considered opinion that no case for interference is made out in the matter.
Accordingly, the Writ Petition is dismissed.