Case Note & Summary
The judgment from the High Court of Judicature at Bombay concerned two writ petitions filed under Article 226 of the Constitution of India. The petitioners were medical graduates who had secured admission to Post Graduate Diploma courses in Orthopedics and Ophthalmic Medicine and Surgery offered by the College of Physicians and Surgeons, Mumbai. Respondent No.1 was Union of India, Respondent No.2 was Medical Council of India, and Respondent No.3 was the College of Physicians and Surgeons. The petitioners sought quashing of a notification dated 22 January 2018 published on 12 February 2018, which de-recognized 36 out of 39 postgraduate diploma courses earlier recognized by a notification dated 17 October 2017. During the hearing, the petitioners did not press their challenge to the validity of the de-recognition notification but confined the issue to whether the notification applied prospectively and not retrospectively to students admitted before its issuance. Background facts showed that prior to December 2009, the Union of India had recognized ten postgraduate diplomas and fellowships of the College. However, a notification dated 2 December 2009 de-recognized these qualifications, followed by a corrigendum clarifying that students admitted before that date would not be adversely affected. In 2016, a committee under Dr. Devi Shetty studied the curriculum and recommended recognition. On 12 April 2017, a meeting in the Ministry of Health and Family Welfare decided to include the diploma courses in the First Schedule to the Indian Medical Council Act, 1956, with review every three years. The petitioner in the first writ petition completed MBBS in January 2017 and was allotted a seat for Diploma in Orthopedics on 3 October 2017. A notification dated 17 October 2017 recognized 39 diploma courses of the College, including the petitioners' courses, as valid medical qualifications when granted on or after December 2009. The petitioners paid fees and received post holding certificates. However, after an objection from the Medical Council of India, the Union of India issued the impugned notification on 22 January 2018 de-recognizing 36 of the 39 courses. The legal issue was whether the de-recognition could operate retrospectively to affect students already admitted. The petitioners relied on a Division Bench decision of the Bombay High Court in Anita Kishanrao Videkar v. Union of India, which held that the impugned notification applied prospectively and that students who had completed their courses and obtained Secondary DNB qualifications could not be told retrospectively that their qualifying diplomas were withdrawn. They also relied on Suresh Pal v. State of Haryana, where the Supreme Court held it would be unjust to tell students admitted to a recognized course that their course had lost recognition midway. Further reliance was placed on Vidarbha Madhyamik Shikshak Sangh v. State of Maharashtra and Narendra Sakharam Jadhav v. State of Maharashtra for the proposition that withdrawal of recognition or equivalence can only be prospective. The petitioners argued that since they were admitted when the courses were recognized, they were entitled to complete them. The extract of the judgment provided ends before the court's final analysis and operative order. The available text records the arguments advanced on behalf of the petitioners and the precedents cited, but does not include the final decision or directions. Consequently, the final outcome cannot be determined from the supplied portion.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226, Constitution of India - Challenge to administrative notification de-recognizing postgraduate medical diplomas - Petitioners invoked writ jurisdiction to quash notification and later confined relief to prospective application; respondents waived service and matter heard finally (Paras 3, 12). B) Medical Education - Recognition of Post Graduate Diplomas - Section 11(2), Indian Medical Council Act, 1956 - Recognition by Central Government after consulting Medical Council of India and amendment to First Schedule - Petitioners contended that notification dated 17.10.2017 recognized their diploma courses as valid medical qualifications when granted by College of Physicians and Surgeons, Mumbai on or after December 2009; subsequent de-recognition notification could not operate retrospectively (Paras 10-12). C) Administrative Law - Retrospective Operation of De-recognition - Principle against retrospective withdrawal of recognition - Petitioners relied on Suresh Pal v. State of Haryana and Anita Kishanrao Videkar where it was held that students admitted when course was recognized cannot be prejudiced by later de-recognition; recognition can be withdrawn only prospectively (Paras 13-16). D) Precedent - Binding Effect of Division Bench Decision - Prior Division Bench decision in Anita Kishanrao Videkar held impugned notification applies prospectively and for admissions 2018-19 onwards diploma may not be recognized; Petitioners did not challenge validity of de-recognition (Paras 13, 15).
Issue of Consideration
Whether the impugned notification dated 22 January 2018 de-recognizing Post Graduate Diploma courses of the College of Physicians and Surgeons, Mumbai applies prospectively and not retrospectively to the Petitioners who were admitted to these courses prior to the notification.
Final Decision
Not mentioned in the available excerpt.
Law Points
- Recognition of medical qualifications under Section 11(2) of Indian Medical Council Act
- 1956
- withdrawal of recognition cannot be retrospective
- students admitted to recognized courses cannot be prejudiced by later de-recognition
- de-recognition notification applies prospectively
- principle from Suresh Pal v. State of Haryana and Anita Kishanrao Videkar
