Document Fragment View

Matching Fragments

22. Therefore, it is prayed on behalf of NBEMS that the present writ petition be dismissed.

Submissions on behalf of NMC

23. Mr. T. Singhdev, learned counsel appearing on behalf of respondent no. 2 i.e. NMC submits that CPS Mumbai is neither a recognized medical college nor a recognized university and is also not affiliated to any recognized university, and rather, it is a society registered under the Societies Registration Act, 1860 and thus, beyond the rigor of monitoring/supervision of NMC.

25. Mr. Singhdev further argues that the controversy as to whether the Diploma qualifications acquired by the petitioners from CPS Mumbai are equivalent to Diploma qualifications granted by Indian Universities, which are recognized as per the provisions of the NMC Act, 2019, is no longer res integra in view of the judgment dated 01.04.2024 passed by the Hon'ble Division Bench of this Court in case of Mahesh Prakash Shinde (supra) wherein it has been categorically held that the Courts cannot apply their own evaluation criteria and also cannot substitute their own opinion in place of decisions taken by specialists/experts, for maintaining high standards in medical education. It was also held that it would be prudent for the Courts to leave academic matters to the wisdom of the experts who have a deeper understanding of the issues involving academics, and it was further held that there cannot be any legitimate expectation or promissory estoppel in education matters.

26. It is submitted that the MoHFW vide letter dated 31.03.2023, while forwarding letter dated 24.03.2023 as received from respondent NBEMS, had requested the NMC to examine the matter in reference with MoHFW's letter dated 18.10.2022, as well as furnish its comments as to whether the Diploma qualifications awarded by CPS Mumbai to candidates admitted in the 36 courses between 17.10.2017 and 12.02.2018, could be considered equivalent to their corresponding other recognized Diploma qualifications. It is stated that NBEMS had sought the aforementioned clarification so as to determine the eligibility of aforementioned candidates to appear in the DNB-PDCET Examination of 2023. In this regard, Mr. T. Singhdev, learned counsel, draws this Court's attention towards a letter dated 13.04.2023, wherein NMC had informed MoHFW that the matter regarding recognition of Diploma courses of CPS Mumbai as contained in the letter dated 18.10.2022 had been considered by the Postgraduate Medical Education Board (PGMEB) of the NMC in its meeting held on 12.04.2023, which has decided that the courses offered by CPS Mumbai did not fall under the monitoring control of NMC and thus, PGMEB of NMC did not agree to grant equivalence to the Diploma courses of 466 students. It is further stated that the Board has even recommended to the MoHFW that the three Diploma qualifications which had been granted equivalence vide letter dated 30.04.2021 should also be withdrawn from next academic session i.e. 2024-25.