Bombay High Court
Suhas Hari Pingle vs Union Of India Through Ministry Of ... on 24 July, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
2024:BHC-OS:11135-DB
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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 (ST) NO. 12834 OF 2024
WITH
PUBLIC INTEREST LITIGATION (ST) NO. 12834 OF 2024
Suhas Hari Pingle .. Applicant
Versus
The State of Maharashtra through .. Respondents
Ministry of Health and Family Welfare
and ors
WITH
INTERIM APPLICATION (L) NO.22722 OF 2024
IN
PUBLIC INTEREST LITIGATION (ST) NO. 12834 OF 2024
Shrirang Limaye .. Applicant
Versus
Suhas Hari Pingle .. Respondents
WITH
INTERIM APPLICATION (L) NO. 21621 OF 2024
IN
PUBLIC INTEREST LITIGATION (ST) 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
three 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
three ors
WITH
WRIT PETITION NO. 2144 OF 2024
Shrirang Limaye .. Applicant
Versus
State of Maharashtra (Medical and Drugs .. Respondents
Department)
...
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Mr.V.M. Thorat with Ms.Pooja Thorat for the petitioner.
Mr.R.A. Dada, Senior Advocate with Mr.Zubair Dada, Mr.Yogesh
Chawak, Mr.Chirag Dave, Mr.Rohan Gupta and Mr.Shubham
Kalbere i/b Legasis Partners for the petitioners in WP 2703/2023
and for respondent no.5 in PIL(L) No. 12834/2024.
Mr.Vishwajeet Kapse with Freddy Bhadha for the petitioner in
WP No. 2144/2024 and applicant in IA (L) No. 22722/2023 in
PIL(L) No. 12834/2024.
Mr.Devang Vyas, ASG with Mr. Rui Rodrigues, Mr.D.P. Singh,
Mr.Sheelong Shah and Ms.Vaibhavi for respondent no.1 Union of
India in PIL(L) No. 12834/2024.
Mr.Ganesh K. Gole with Mr.Viraj Shelatkar for respondent no.2
(NMC) in PIL(L) No. 12834/2024.
Mr.Rahul Nerlekar for respondent no.4 MMC.
Dr.Birendra Saraf (AG) with Smt.Jyoti Chavan, AGP, Smt. Pooja
Patil, AGP for the State in WP 2703/2023 and WP 2144/2024.
Mr.Arsalan A. Thaver i/b Vishal Shriyan for applicant/intervenor
in IA (L) 21621/2023.
CORAM:BHARATI DANGRE &
MANJUSHA DESHPANDE,JJ.
DATED : 24th JULY, 2024 P.C:-
1 In compliance of our earlier order, Mr.Rodrigues has placed before us the communication dated 19/7/2024 addressed by the Ministry of Health and Family Welfare, to the Joint Secretary, Medical Education and Drugs department, Government of Maharashtra, with reference to the admission process of College of Physicians and Surgeons of Mumbai (CPS).
We have taken the letter on record and have marked the same as 'X' for identification.
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2 With reference to our query, the Ministry of Health
and Family Welfare has offered the following clarification in paragraph nos.3 and 4, which read thus:-
"3 Considering above, the Ministry is of the considered view that:
3.1 The power to give license to institute/hospitals other than those listed in schedule of NMC Act, 2019 to start a course or recognised qualification rests with NMC. Accordingly, there cannot be any exemption for CPS from the statutory provisions of NMC Act, 2019 enacted by the Parliament.
3.2 As per Section 10A of erstwhile IMC Act, 1956 and Section 28 of NMC Act, 2019, no person shall establish a new medical college or start any PG course without previous permission of Central Government and EMRB of NMC respectively. As informed by erstwhile MCI vide letter dated
02.11.2017, no such permission was given to CPS. 3.3 Indian Medical Degrees Act, 1916, which empowers CPS to grant degrees, has been repealed by Repealing and Amending Act, 2016 (23 of 2016) 3.4 Upon repealing of Indian Medical Degree Act, 1956, CPS has lost its validity to confer the degree. Therefore, as on date, no course run by CPS, Mumbai should be recognized for the purpose of NMC Act, 2019 w.e.f. 05.05.2016.
4. Further, it has been observed in the submission of the NMC that the counselling for the admission for the Academic Year in the hospitals/institutions running courses under the umbrella of CPS, Mumbai would be started from 09.07.2024. This would be a violation of the Hon'ble Supreme Court order in the WP No. 76/2015 in the case of Ashish Ranjan Vs. UOI and ors, which stipulate that there can be no admission after the last date of joining. The last date of joining for the Academic Year 2023 was 30th November, 2023."
At the end of the communication, it is stated that the request of counselling for the admission of the year 2023, do not deserve consideration and the aforesaid directions are stated to have been issued with the approval of the competent authority.
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3 In the wake of the aforesaid communication, the
urgency which was expressed by the learned counsel Mr.Thorat who represent the petitioner in the PIL No.1283/2024 on this date, is not eminent. No doubt, since the fate of many students on one hand as well as the College of Physicians and Surgeons of Mumbai (CPS) along with the colleges in which the students were admitted for CPS Course and one of such college is also before us, will be hanging, unless and until the curtains are drawn by deciding the justiciability of the decision of the Ministry of Health and Family Welfare, as well as by the National Medical Commission, and since it is necessary to get this issue decided before the admissions for the Academic Year 2024-25 take off.
We direct the parties to complete the pleadings in the Public Interest Litigation as well as two writ petitions which are presently before us.
4 The learned senior counsel Mr.Dada representing the College of Physicians and Surgeons, on going through the communication of 19/7/2024, which though not addressed to him has been placed in his hands, during the course of hearing, also request some time to take appropriate steps, either by amending the present petition or filing a fresh petition, raising a challenge to the grounds which are now disclosed in the communication by the Ministry of Health and Family Welfare, Government of India. We keep this option open to the CPS which may take such steps, as are advised.
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Since we have directed the pleadings to be completed and appropriate steps to be taken by College of Physicians and Surgeons, we deem it appropriate to list the group of petitions on 5/8/2024 under the caption 'for directions'.
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