Mumbai: The Bombay High Court will decide on the validity of the Union government's decision regarding the non-recognition of courses of the College of Physicians and Surgeons (CPS) from May 2016 and also the issue of disallowing counselling for the 2023 academic year. The decisions will impact several doctors who have passed out of CPS since 2016.
A bench of Justices Bharati Dangre and Manjusha Deshpande were informed on Wednesday that on July 19, the Ministry of Health and Family Welfare (MOHFW) had written a letter to the Directorate of Medical Education and Research (DMER) stating the CPS has 'no authority' to permit or recognise any course or qualification run by any hospital. It further added that 'there should be no admission to the PG medical courses run by the CPS, Mumbai'.
The Ministry based its decision on the July 5 letter sent by the National Medical Commission (NMC) flagging several issues with the CPS and recommending discontinuation of the courses run by it.
The HC was hearing a petition by CPS challenging the derecognition of its 26 postgraduate diploma courses, which were deleted from the schedule of the Maharashtra Medical Council (MMC) in June 2023. It has urged the court to permit it to admit students for this academic year.
A PIL was filed by Vile Parle-based medical practitioner Suhas Pingle, 72, seeking action against CPS for the alleged irregularities. Advocate VM Thorat, for the petitioner, highlighted the failure on the part of the state and Centre for failing to act against CPS.
The court asked the Union to clarify its stand on the issues raised by the NMC letter to MOHFW. CPS counsel Rafiq Dada informed the bench that it would amend its plea to challenge the Ministry’s decision. He asked what would happen to the doctors who have passed out since 2016.
Agreeing, the judges said the fate of many students was kept hanging and hence there was a need to decide on the decisions of the Ministry and NMC. The bench clarified that it would have to be decided before the academic year 2024-25 begins.
On Wednesday, Advocate General Birendra Saraf submitted the MOHFW letter to the DMER which specified that the Maharashtra Medical Commission (NMC) had conducted inspections in 120 institutes/hospitals where CPS courses are being run. MMC found that 2 hospitals were closed and 74 institutes refused inspection.
“Severe deficiencies were found in most of the institutes/hospitals inspected. MMC concluded that admitting students to such institutes would be detrimental to the career of the students and also for the health system,” the letter said while quoting observations of the NMC.
The MOHFW said there can not be any exemption for CPS from the statutory provisions of the NMC Act, 2019 enacted by the Parliament.
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