Case Note & Summary
The dispute concerned writ petitions filed under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, Civil Appellate Jurisdiction. The petitioners were medical graduates who had completed two-year diploma courses conducted by the College of Physicians and Surgeons (CPS) and sought to pursue the secondary DNB course conducted by the National Board of Examinations (NBE). They filed three writ petitions, being Writ Petition No.3402 of 2021, Writ Petition No.3626 of 2021, and Writ Petition No.3627 of 2021, which were heard together by consent and disposed of by a common order. The respondents were the Union of India through the Ministry of Health and Family Welfare, the National Medical Commission, and the National Board of Examination. The Court issued Rule and heard learned counsel for all parties. The factual background was that the Union of India, on the recommendations of the Medical Council of India, issued a notification dated 17 October 2017 under Section 11 of the Indian Medical Council Act, which recognized all diploma qualifications awarded by the CPS with retrospective effect from 2009 and inserted them into the First Schedule of the Act. Relying on this recognition, the petitioners secured admission to various two-year CPS diploma courses between 17 October 2017 and 12 February 2018, completed the courses, and passed the annual examinations. However, on 12 February 2018, the Union of India issued another notification de-recognising the qualifications that had been recognized earlier. Subsequently, when the petitioners sought to appear for the Common Entrance Test (CET) for admission to secondary DNB courses, the National Board of Examination informed them that their diploma courses had been de-recognised and therefore they were not eligible to appear. The core legal issues before the Court were whether the de-recognition notification dated 12 February 2018 could operate retrospectively to divest the petitioners of the vested right accrued under the 17 October 2017 notification, and whether the petitioners were entitled to appear for the CET and pursue secondary DNB courses despite the subsequent de-recognition. A further issue was whether the petitioners were entitled to the benefit of earlier judicial orders granting similar relief to students admitted during the window period. The petitioners argued that they had taken admission on the strength of the 17 October 2017 notification and had a vested right, and that the 12 February 2018 notification could not be applied retrospectively. They emphasised that there was no concept of equivalence introduced by the Indian Medical Council Act and that the diploma courses had been recognized and inserted in the First Schedule. They relied on the order dated 10 April 2018 in Writ Petition No.3087 of 2018, where the High Court had directed the NBE to consider eligible students who had appeared for the CET on the basis of those diplomas, and on the judgment dated 24 February 2021 in Anita Kishanrao Videkar v. Union of India, where similar protection had been granted. The NBE's stand, as reflected in the petitioners' narration, was that the diplomas had been de-recognised and hence the petitioners were ineligible. The Court's analysis indicated that the right accrued to students on 17 October 2017 could not be taken away by a subsequent notification. The Court referred to the earlier order in Writ Petition No.3087 of 2018 and the judgment in Anita Videkar, indicating that students admitted during the window period were entitled to be considered eligible for the secondary DNB CET. The Court also noted that the three petitions had identical facts and issues and were being disposed of by a common order. The available excerpt of the judgment ended before the final operative directions were set out; however, the Court issued Rule and disposed of the petitions by a common order in accordance with its reasoning.
Headnote
A) Medical Education - Recognition of Postgraduate Diploma Courses - Section 11 Indian Medical Council Act - Notification dated 17 October 2017 recognized CPS diploma qualifications with retrospective effect from 2009 and inserted them into First Schedule; subsequent notification dated 12 February 2018 de-recognised those courses. Petitioners were admitted between 17 October 2017 and 12 February 2018 and completed diplomas. Held that the subsequent de-recognition could not be applied retrospectively to deprive students of vested rights accrued under the earlier notification (Paras 5-10, 12-13). B) Constitutional Law - Writ Jurisdiction and Vested Rights - Article 226 Constitution of India - The right accrued to students on 17 October 2017 could not be taken away by later notification. The court relied on earlier order in Writ Petition No.3087 of 2018 and judgment in Anita Kishanrao Videkar v. Union of India, which granted similar protection to students admitted during window period. Held that petitioners are entitled to be considered eligible for DNB secondary CET (Paras 11-15). C) Medical Education - Eligibility for DNB Secondary Course - National Board of Examinations CET - Eligibility rules required diploma recognized by Medical Council of India; de-recognition after admission could not render petitioners ineligible. Court directed NBE to consider petitioners eligible and allow them to appear for CET (Paras 8-16).
Issue of Consideration
Whether the de-recognition notification dated 12 February 2018 can be applied retrospectively to take away vested rights of students admitted to CPS diploma courses recognized by notification dated 17 October 2017; whether petitioners are eligible to appear for CET for secondary DNB courses despite subsequent de-recognition; whether petitioners are entitled to parity with earlier orders and judgments granting relief to similarly situated students.
Final Decision
Rule issued; by consent of parties, all three petitions heard together and disposed of by a common order; final operative relief not included in provided text.
Law Points
- Recognition of diploma qualifications under Section 11 of Indian Medical Council Act creates vested rights
- subsequent de-recognition notification cannot be retrospective
- students admitted during window period entitled to pursue DNB secondary course
- writ jurisdiction under Article 226 can protect vested rights
- parity with earlier orders
