RAVICHANDRA J B Vs. DEAN

JUDGEMENT

(1.) Respondent Dean, Smt. N.H.L. Municipal Medical College (hereinafter referred to as "College" for short) giving a reference of a letter dated 20-7-2009 issued by the Gujarat University, issued impugned letter dated 21-7-2009 cancelling petitioner's admission already made in MCH CT Surgery course. The main ground given is that the petitioner as doesn't hold qualification of M.D., M.S., D.M., he was not eligible for admission to this course in question.

(2.) Learned Counsel appearing on behalf of the petitioner while challenging the decision contended that Diplomate of the National Board (DNB) qualification having treated equivalent to M.D., M.S., D.M. and M.Ch., the respondent cannot hold the petitioner ineligible. The college which originally rightly admitted the petitioner treating DNB as equivalent to M.D., M.S., and D.M. on wrong opinion given by the Gujarat University has issued illegal order of cancellation. Counsel for the petitioner places reliance on the Note below First Schedule of Indian Medical Council Act, 1956 as inserted by notification dated 20-2-2009.

(3.) Per contra, according to the counsel for the Medical Council of India, in view of equivalence of qualification decided by the Medical Council of India in its meeting held on 19-8-2009, in absence of structured residency programme of DNB, said qualification (DNB) cannot be held to be equivalent to M.D., M.S. or D.M. Course and, therefore, recommendation has been made to revoke the notification dated 20-2-2009.