Mumbai: Bombay HC To Hear CPS Petition On Diploma Courses Derecognition, Admission Plea

Mumbai: Bombay HC To Hear CPS Petition On Diploma Courses Derecognition, Admission Plea

The Bombay High Court will hear on July 25 the petition by College of Physicians and Surgeons (CPS) challenging derecognition to its 26 postgraduate diploma courses which were deleted from the schedule of Maharashtra Medical Council (MMC) in June 2023. It has urged the court to permit it to admit students for this academic year.

Urvi MahajaniUpdated: Thursday, June 20, 2024, 12:24 AM IST
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Bombay High Court | PTI

Mumbai: The Bombay High Court will hear on July 25 the petition by College of Physicians and Surgeons (CPS) challenging derecognition to its 26 postgraduate diploma courses which were deleted from the schedule of Maharashtra Medical Council (MMC) in June 2023. It has urged the court to permit it to admit students for this academic year.

A bench of Justices KR Shriram and Jitendra Jain was also hearing a PIL filed by Vile Parle-based medical practitioner Suhas Pingle, 72, seeking action against CPS for the alleged irregularities. It highlighted the failure on the part of the State and Centre for failing to act against CPS.

Senior counsel Rafiq Dada, appearing for CPS, submitted that they have not been able admit a single student since the academic year 2023-2024 and urged the court to permit them to admit students in this academic year. He pointed out that the CPS is a 100-year old institution and has conferred degrees to thousands of doctors with postgraduate qualifications.

Pingle’s Advocate Vijay Thorat submitted that the CPS is involved in conducting nearly 39 unrecognised courses. Initially, only 10 qualifications of CPS were recognised by the Medical Council of India (MCI) was for only admitting the students in 5 colleges – Government Medical College,Bombay, 2) Seth G.S. Medical College and TN Medical College in Mumbai; BJ Medical College in Pune; and BJ Medical College in Ahmedabad. However, it started admitting 1200 students per year to 178 hospitals or more, over and above those permitted by MCI, Throat argued.

He contended that in 1997, the MCI recommended to the Central Government for derecognition of CPS qualification. However, the Centre did not take any action, following which a PIL was filed by Dr Arun Date. After the directions from the HC, 10 courses of CPS were derecognised in 2010. The state government then brought these 10 unrecognised courses in the State Enactment – Maharashtra Medical Council Act.

When medical education is covered by Central Legislation – Indian Medical Council Act – the State of Maharashtra could not and should not have brought these courses in Maharashtra Medical Council Act, Thorat argued. After this, the CPS started conducting not only 10 courses but it also started conducting 29 more postgraduate courses, including superspeciality courses. Throat argued that these are degree courses and cannot be taught by way of diploma.

When Thorat said that the petitioner will have no objection if CPS submits itself to the National Medical Commission or National Board of Examination, the high court suggested the parties come up with some solution.

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