PIL and connected writs concerned CPS Mumbai medical courses shown as discontinued on the NMC website following a PGME Board decision. The court found the Board's decision was only a recommendation, not an NMC decision to discontinue courses, and directed the NMC to rectify its website.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Digitally signed by RUSHIKESH RUSHIKESH VISHNU VISHNU PATIL PATIL Date: 2024.09.03 15:35:33 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.19647 OF 2024 IN PUBLIC INTEREST LITIGATION (L) NO.12834 OF 2024 WITH PUBLIC INTEREST LITIGATION (L) NO.12834 OF 2024
Suhas Hari Pingle .. Applicant/Petitioner Versus
Union of India Through its Ministry of Health and Family Welfare and Ors. .. Respondents
WITH INTERIM APPLICATION (L) NO.22722 OF 2024 IN PUBLIC INTEREST LITIGATION (L) NO.12834 OF 2024
Shrirang Limaye .. Applicant Versus Suhas Hari Pingle .. Respondent
WITH INTERIM APPLICATION (L) NO.21621 OF 2024 IN PUBLIC INTEREST LITIGATION (L) NO.12834 OF 2024
Yash Rajeev Junnarkar .. Applicant Versus Suhas Hari Pingle .. Respondent
WITH WRIT PETITION NO.2703 OF 2023
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College of Physician and Surgeon .. Petitioner Versus State of Maharashtra .. Respondent
WITH INTERIM APPLICATION (L) NO. 29846 OF 2023 IN
WRIT PETITION NO.2703 OF 2023
Suhas Hari Pingle .. Applicant Versus College of Physician and Surgeon and .. Respondents Ors.
WITH INTERIM APPLICATION (L) NO. 30718 OF 2023 IN
WRIT PETITION NO.2703 OF 2023
Ravi Nair .. Applicant
Versus
College of Physician and Surgeon and .. Respondents Ors.
WITH
WRIT PETITION (L) NO.24270 OF 2024
College of Physician and Surgeon .. Petitioner Versus
Union of India Through Ministry of Health and Family Welfare .. Respondent
WITH INTERIM APPLICATION (L) NO. 25530 OF 2024 IN
WRIT PETITION (L) NO.24270 OF 2024
Suhas Hari Pingle .. Applicant
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Versus
College of Physician and Surgeon .. Respondent
WITH
WRIT PETITION (L) NO.24553 OF 2024
Dr. Yash Rajeev Junnarkar .. Petitioner Versus Union of India .. Respondent
WITH
WRIT PETITION NO.2144 OF 2024
Shrirang Limaye .. Petitioner Versus State of Maharashtra (Medical and Drugs Department)
.. Respondent …
Ms. Pooja Thorat, for the Petitioner in PIL(L)/12834/2024.
Mr.R.A. Dada, Senior Advocate a/w Mr. Zubair Dada, Mr. Narayan Sahu, Mr. Yogesh Chawak, Mr. Chirag Dave, Mr. Rohan Gupta and Mr. Shubham Kalbere i/b Legasis Partners for Petitioners in WP/2703/2023, WP(L)/24270/2024, and for Respondent No.5 in PIL(L)/12834/2024.
Mr.Kartavya Ostwal a/w Mr. Vishwajeet Kapse, for the Petitioner in WP/2144/2024 and for the Applicant in IA(L)/ 22722/2024.
Mr.Devang Vyas, ASG a/w Mr. Rui Rodrigues, Mr.D.P. Singh and Mr. Sheelong Shah, for Respondent No.1- UOI in PIL(L) /12834/2024.
Mr.Ganesh Gole a/w Mr. Viraj Shelatkar, for Respondent No.2 (NMC) in PIL(L) No.12834/2024 and WP(L) No.24270/2024.
Mrs. Shehnaz V. Bharucha, for Respondent No. 1 (UOI), in WP(L)/24553/2024.
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Mr.Rahul Nerlekar, for Respondent No.4- MMC.
Ms.Jyoti Chavan, Addl. GP a/w Ms Pooja Patil, AGP for the State in IA(L)/19647/2024, IA(L)/22722/2024, IA(L)/21621/2024, PIL(L)/12834/2024, WP/2703/2023, IA(L)/29846/2023, IA(L) No.30718/2023, WP/2144/2024, WP(L)/24270/2024 and WP(L)/24553/2024.
Mr.Sharan Jagtiani, Senior Advocate a/w Priyank Kapdia, Ms Riddhi Wagle and Arsalan Thaver i/b Mr. Vishal Shriyan, for the Petitioner in WP(L)/24553/2024.
Mr.Amit Karkhanis, for Respondent No. 1 in WP(L) /24270/2024.
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 22nd AUGUST, 2024
P.C:-
Post lunch session, the relevant extract featuring on the
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website of NMC is placed before us, and we fnd that, in respect of the 10 distinct courses run by the College of Physicians and Surgeons, Mumbai in Maharashtra, though in the column of recognition the remark “Recognized” is found, in the last column of remarks, the following remark is inserted:
“Recognized under this schedule only when they are held by persons holding any other medical qualifcation specifed in this Schedule (vide GOI Notifcation dated 12.02.2018). Course discontinued as per decision taken in PGMEB meeting held on 16.7.2024.”
“Further course of action on the reply of Show Cause Notice (SCN) given to College of Physicians and Surgeons (CPS). Mumbai.”
With reference to the Show Cause Notice dated 14.06.2024 and the reply forwarded by the CPC, Mumbai on 21.06.2024, a decision is recorded to the following effect:
Further, the PGMEB concluded that all the three grounds mentioned in Regulation 16 of the Recognition of the Medical Qualifcation Regulation, 2023 were found beftting justifcation to de-recognise all the ten qualifcations mentioned above. After detailed deliberation, and considering the above facts, with a view to safeguarding the career of the students and also for the health system in general the Board decided the following –
i. to discontinue all the courses running under the umbrella of CPS, Mumbai with immediate
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effect;
ii. to direct the CPS to suspend its examination activity till it is recognised/approved by NMC
iii.
To recommend to the NMC in terms of Regulation 16 of the Recognition of the Medical Qualifcation Regulation, 2023 to derecognise all the qualifcation listed in the First Schedule of the erstwhile IMC Act, 1956 (now NMC Act, 2019) under the heading of College of Physicians and Surgeons. The qualifcations mentioned below are to be derecognised:
List of Qualifcations :
| SI. No. |
Name of the Qualifcation |
|---|---|
| 1. | Diploma in Gynaecology and Obstetrics (DGO) |
| 2. | Diploma in Child Health (DCH) |
| 3. | Diploma in Pathology and Bacteriology (DPB) |
| 4. | Membership of College of Physicians and Surgeons, Mumbai (MCPS) |
| 5. | Fellowship of the College of Physicians and Surgeons, Mumbai in Medicine [FCPS (Med.)] |
| 6. | Fellowship of the College of Physicians and Surgeons, Mumbai in Pathology [FCPS (Path.)] |
| 7. | Fellowship of the College of Physicians and Surgeons, Mumbai in Surgery [FCPS (Surg.)] |
| 8. | Fellowship of the College of Physicians and Surgeons, Mumbai in Dermatology [FCPS (Derm.)] |
| 9. | Fellowship of the College of Physicians and Surgeons, Mumbai in Midwifery and Gynaecology [FCPS (Mid. & Gyn.)] |
| 10. | Fellowship of the College of Physicians and Surgeons, Mumbai in Ophthalmology [FCPS (Opth.)] |
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not informed that any decision is taken by NMC, discontinuing these courses run by the College of Physicians and Surgeons, Mumbai.
Mr. Gole has invited our attention to Section 25 of the National Medical Commission Act, 2019, which has enumerated the functions of the Board and, though, he would lay emphasis on clause (i) of Sub-Section 1, as regards grant of recognition to the medical qualifcations at the Post Graduate Level and Super Speciality Level, this being a function of the Board, defnitely would not extend the power to discontinue a course.
As far as Sub-Section (2) is concerned, it is evident that the PGMEB is authorized to make recommendations and to seek such directions from the Commission as it deem necessary.
In the meeting of PGME Board dated 16.07.2024, the decision taken is only in form of a recommendation and not a fnal decision, which is only empowered to be taken by the NMC.
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Let the necessary amendment be carried out within a period of one week from today, with the amended copies being served upon the contesting parties.
Similarly, we also direct the Union of India to place it affdavit on record before the next date of hearing.
Re-notify to 04.09.2024.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
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1 issue framed by the court
Whether the NMC website could show the ten CPS Mumbai courses as discontinued when the PGME Board's decision of 16.07.2024 was only a recommendation to the NMC.
4 provisions across 3 enactments
Suhas Hari Pingle
Union of India through its Ministry of Health and Family Welfare
Shrirang Limaye
Yash Rajeev Junnarkar
Ravi Nair
College of Physician and Surgeon
Bharati Dangre
Manjusha Deshpande
As recorded by the court registry
41 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
