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R.L. Anand, J.—Dr. Sukhwinder Singh Gill, Senior Resident (Non-M.Ch.) Paediatric Surgery, has filed the present writ petition against the P.G.I, at the first instance Medical Council of India has also been associated as respondent No. 2. The writ was filed under Articles 226/227 of the Constitution of India and it was prayed by the petitioner that directions be issued to the respondents to consider him for admission to M.Ch. Course and issue him the necessary roll number to enable him to appear in the entrance test for the Session for January, 2001. He also made a prayer by way of interim relief that he be allowed to appear in the entrance test. It may be mentioned at the first instance that by virtue of the interim order passed by the Division Bench, the petitioner was allowed to undertake the examination but he could not get the merit as a result of which he could not get the admission to the desired course. To this extent, the prayer of the writ petitioner has become redundant and infructuous but the point which still survives for determination is whether the degree possessed by the petitioner is valid for the purpose of entrance test or not as the stand of P.G.I, was that petitioner was not fulfilling the qualifications required for the entrance test.
The petitioner was admitted to the course of M.S. General Surgery in January 1995 in Daya Nand Medical College and Hospital, Ludhiana. This college was affiliated with Panjab University. The petitioner passed the course in June, 1998 and he was granted the degree of Master of Surgery by the Panjab university.
The post of Senior Medical Officer (Casualty) in the PGI was vacant. The petitioner applied for the same. Interviews were held and on the recommendation of the selection committee, the petitioner was offered the post of Senior Medical Officer (Casualty). The petitioner joined the post. In the meantime, a post of Senior Resident fell vacant in the Paediatric Surgery (Non- M.Ch.) in the PGI and the petitioner applied for the same. The petitioner was appointed as a Senior Resident on ad hoc basis vide letter dated 9.10.2000. The post was for three years or till a regular appointment was made. The petitioner resigned from the post of Senior Medical Officer on 8.9.2000 and the resignation of the petitioner was accepted.
Thereafter, the petitioner joined as Senior Resident in the Department of Paediatric Surgery at the respondent-institute on 9.10.2000. The case set up by the petitioner is that respondent-institute imparts education in various super special courses including M.Ch. Course. A candidate who has passed M.S. in Genera! Surgery is eligible for this course i.e. M.Ch. Course. The petitioner was allowed to appear in the entrance test in July, 1999, January, 2000 and July, 2000 but he was not selected for the course. According to the petitioner, respondent-institute also issued prospectus for the January 2001 Session for admission to this course and respondent fixed the qualifications as follows :-
"For M.Ch. Courses.
MS degree in General Surgery or its equivalent qualification recognised by Medical Council of India."
According to the petitioner he is eligible for this Course but the respondent-PGI has raised the objection vide letter dated 31.10.2000 that he should furnish proof that the M.S. Degree awarded to him from the Daya Nand Medical College was recognised by the Medical Council of India. The petitioner replied to the said letter and pointed out that he was already holding an M.S. Degree duly awarded to him by the Panjab University and, therefore, he was qualified to appear in the entrance test for M.Ch. Course. He also pointed out that requirement of recognition by the Medical Council of India was applicable only to such qualifications which were recognised by the Medical Council of India and this requirement does not apply to the candidates holding M.S. Degree. The petitioner was not issued the roll number and, therefore, he has come with a present writ petition mainly on the ground that his degree was issued from Panjab University and Master of Surgery is a good degree for the purpose of entrance test and the objection raised by respondent No. 1 is frivolous.
Notice of the writ petition was given to the respondent No. 1 at the first instance who filed the reply and denied the allegations. Thereafter, Medical Council of India was also associated as respondent No. 2 vide order dated 16.5.2001 but no reply has been filed but during the course of submission the learned counsel appearing on behalf of respondent No. 2 has fortified the contentions of the learned counsel appearing on behalf of respondent No. 1.
At this stage, therefore, I would like to sumarise the pleadings of respondent No. 1 who submitted that as per prospectus the pe-requisite requirement for admission to the Course was M.S. Degree in General Surgery or its equivalent qualifications recognised by the Medical Council of India. The petitioner has done his study in Daya Nand Medical College, Ludhiana and completed his course form that institution which is not recognised by the Medical Council of India for M.S. Course and, therefore, the petitioner, was not eligible for the entrance test. The respondent No. 1 sought clarification and verification of the degree awarded to the petitioner as to whether M.S. Degree of the petitioner who had taken the examination as a regular student of Daya Nand Medical College Ludhiana and the degree conferred by the Panjab University, was recognised by the Medical Council of India and the Medical Council of India in its reply dated 29.11.2000 confirmed that M.S. (Surgery) qualification granted by the Panjab University in respect of students being trained at Daya Nand Medical College, Ludhiana, is not recognised by it. Therefore, the petitioner was not liable to take the examination for the course of respondent No. 1. It was also pleaded by respondent No. 1 that the writ petition is liable to be dismissed as the petitioner has not impleaded Medical Council of India as a party. With this stand, respondent No. 1 prayed for the dismissal of the writ petition.
A rejoinder was filed by the petitioner who reiterated his averments taken in the writ petition by denying those of respondent No. 1 and in the replication the petitioner has placed reliance upon a judgment of the Hon''ble Supreme Court reported as Dr. B.L. Asawa Vs. State of Rajasthan and Others, .
I have heard Shri Sarjit Singh, Sr. Advocate appearing on behalf of the petitioner, Shri Harsh Aggarwal, learned counsel, appearing on behalf of respondent No. 1 and Shri Amarjit Singh, learned counsel appearing on behalf respondent No. 2 and with their assistance have gone through the record of the case.
At the cost of repetition, I may say that part of the relief claimed by the petitioner has already become in-fructuous because the petitioner was allowed to undertake the test provisionally but unfortunately for him he could not come on merit on declaration of the result which has been placed on the file. The petitioner got 64.79 marks and the last candidate who admitted to the course got 68.64 marks out of 100.
Now, the surviving point for determination is whether the degree possessed by the petitioner is a valid degree making him eligible to appear in the entrance test for M.Ch. course when the respondent has laid down the following qualifications :-
"M.S. Degree in General Surgery or its equivalent qualifications recognised by the Medical Council of India."
The undisputed facts are that petitioner was a regular candidate in Daya Nand College at Ludhiana. He did his M.S. Surgery from there. That institution is affiliated with Panjab University which is a recognised University by the Medical Council of India. The Panjab University took the examination and it awarded a degree to the petitioner in M.S. Surgery. Now, does it lie in the mouth of PGI to say that the degree awarded to the petitioner by the Panjab University is not acceptable to it in order to undertake the entrance test by the petitioner because the institution i.e. Daya Nand Medical College from which the petitioner got the educational qualifications before appearing in the examination of M.S. Surgery, has not been recognised by the Medical Council of India and after applying my mind to the facts of this case my reply is in the negative and I hold and declare that the M.S. Degree in General Surgery held by the petitioner makes him eligible to appear in M.Ch. Course test as and when takes place in the PGI, if PGI prescribes the qualifications which I had already narrated above in commas. It is open to the PGI to fix any qualification but so long the wording of the qualifications is "that a candidate who possess M.S. Degree in General Surgery or its equivalent qualifications recognised by the Medical Council of India in order to take the entrance test for M.Ch. Course," is concerned, in that eventuality the petitioner would always be eligible to under take this examination and my reasons in favour of the petitioner are as follows :-
Section 11 of the Indian Medical Council Act, 1956 lays down "that medical qualifications granted by any University or medical institution in India which are included in the 1st Schedule, shall be recognised medical qualification for the purpose of this Act. Sub-clause (2) lays down that any University or medical institution in India which grants a medical qualification not included in the First Schedule may apply to the Central Government to have such qualification recognised and the Central Government after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include with such qualifications therein and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date."
A reading of the above would show that if a medical qualification has been granted by any University or by any medical institution which is included in the First Schedule, shall be deemed to have been recognised for the purpose of medical qualification by the Medical Council of India. Schedule I is a Schedule showing the recognised medical qualifications granted by the University or Medical Institutions of India. Under the Heading Panjab University, the recognised medical qualification is Master of Surgery (Surgery) and the abbreviation for registration is M.S. Surgery (Punjab). Meaning, thereby that Master of Surgery (Surgery) is a recognised medical qualification for the purpose of University and a holder of this qualification is a Master of Surgery (Surgery). If this is so I fail to understand on what premises, respondent No. 1 has held that petitioner is not fulfilling the qualifications as laid down in the prospectus quoted above.
My observations above get strength from the judgment of the Hon''ble Supreme Court reported as Dr. B.L. Asawa Vs. State of Rajasthan and Others, and with approval I would like to refer to Para No. 11 of the said judgment wherein, it was observed by the Hon''ble Supreme Court as follows :-
"A Post-graduate Medical Degree granted by a University duly established by statute in this country and which has also been recognised by the Indian Medical Council by inclusion to the Schedule of Medical Council Act has ipso facto to be regarded, accepted and treated as valid throughout our country. In the absence of any express provision to the contrary such a degree does not require to be specifically recognised by other Universities in any State in India before it can be accepted as a valid qualification for the purpose of appointment to any post in such a State."
The learned counsel appearing on behalf of the respondents submits that the aforesaid judgment of the Hon''ble Supreme Court is not applicable to the facts in hand because there the dispute was between the two Universities. In the cited case, the candidate had obtained the degree from University of Bihar at Muzaffarpur but the Rajasthan State was not recognising it and in this context the Hon''ble Supreme Court gave the direction. The submission of the learned counsel for the respondent cannot be accepted because their Lordships had given a categorical finding that once a degree granted by a University which has been recognised by the Medical Council of India and once the name of the University is included in the Schedule of Medical Council Act, it has been ipso facto effect to be regarded, accepted and treated as valid throughout our country. Institution is not the criteria if the Medical Council of India accepts and recognises the University of Panjab and its awarding of the degree, it is not open to say to it that Daya Nand Medical College from which the petitioner got the medical qualification is not recognised by it. Medical Council of India has never given threat or ordered to the Panjab University that any degree awarded by it is not going to be recognised by the Medical Council of India henceforth.
The learned counsel for the respondents has invited my attention to a book-let titled Medical Council of India, Directory of Post-graduate Medical Education Courses, issued by the Medical Council of India in the year 2000 Edition, and also to the Schedule of Indian Medical Council Act, 1956 and at item No. 81, appearing at page No. 37 in book-let (Medical Council of India), it has been written as follows :-
"Daya Nand Medical College and Hospital, Ludhiana, Punjab, Panjab University 8 NR"
This item will not help the case of the respondent No. 1 or that of respondent No. 2. It talks with the institution and not with the University. The Medical Council of India might not have recognised Daya Nand Medical College for the purpose of its qualifications as required u/s 10 of the Medical Council Act but if the Medical Council of India has recognised the Panjab University as a good University for the purpose of awarding the degree, it cannot question that the degree awarded by the Panjab University does not fulfil the criteria of the prescribed qualifications laid down for the entrance test.
Support can also be taken from Arti Aneja v. State of Punjab 2001(2) SCT 1124, wherein it was observed that a graduate in Dental Surgery from any authority or institution in India which has been included in Part I of the schedule to the Act is entitled to have registration with the Dental Council and refusal to registration on the ground that college from where the petitioner studie was granted only provisional affiliation by the Punjab Dental Council, could not be considered a recognised institution. Meaning thereby, the Hon''ble Division Bench in Arti Aneja''s case (supra) gave full marks to the degree rather to the institution from where a particular candidate got the training. If this ratio is applied to the present case, there is no manner of doubt that the petitioner possessed the Master of Degree in General Surgery and this made him entitled to appear in test irrespective of the fact that Daya Nand Medical College, Ludhiana has been recognised or not. Even from the wording of the advertisement, it is clear that it is in two parts. So far as the M.S. degree in General Surgery is concerned, it is a complete qualification in itself to make the candidate eligible to appear in the entrance test of M.Ch. Course. So far as the second part is concerned, if a person does not possess the M.S. Degree in General Surgery as such he may show to the authority that he is possessing equivalent qualification to M.S. Degree in General Surgery and those qualifications have been recognised by the Medical Council of India.
The learned counsel appearing on behalf of the respondent No. 2 has relied upon Baba Mungipa Medical College and Another Vs. Govt. of Tripura and Others, in which it was observed that question of recognisation of college is essentially to be considered and decided by the Medical Council of India as per its norms and guidelines and if that recognition has not been given it is not proper to keep the matter pending any further. If it is not given then that institution cannot claim that it is recognised by the Medical Council of India. The reliance was also placed upon Dr. Preeti Shrivastava and another v. State of M.P. 1999(4) SCT 133 (SC) : 1999(2) SCC 120 and my attention has been invited to the following remarks given is para No. 55 of the judgment :-
"For example the medical qualifications granted by a university or a medical institution have to be recognised Under the Indian Medical Council Act, 1956. Unless the qualifications are so recognised, the students who qualify will not be able to practise".
These observations of their Lordships of the Hon''ble Supreme Court have no applicability to the facts in hand. We are dealing here a very concise point of great importance for the future about the effect of a degree issued by a university which has been recognised and which figures in the first schedule of the Medical Council Act and the answer of this Court is that such a degree is valid for the said Course making a candidate eligible to undertake the test.
In this view of the matter, I answer the question in favour of the petitioner, Dr. Sukhwinder Singh Gill that the degree possessed by him i.e. M.S. Degree in General Surgery of Panjab University, is good enough to make him entitled to undertake the entrance test of M.Ch. Course of the P.G.I, or any other institute in India, if that institution lays down the qualifications or similar qualifications as shown in the prospectus of January, 2001. There shall be no order as to costs.
Petition allowed.