DEV KRISHAN SHARMA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioner before this Court who is working as a Senior Medical Officer in the Department of Orthopaedics, M.Y. Hospital M.G.M. Medical College, Indore, has filed this present writ petition for issuance of an appropriate writ, order or direction, directing the respondents to permit the petitioner to participate in the MD / MS Final Examination 2018 conducted by the M. P. Medical Medical Science University, Jabalpur and Devi Ahilya Vishvavidyalaya, Indore in respect of M.S. Orthopaedics. The contention of the petitioner is that he has obtained Bachelor's Degree in medicine in the year 2003 and thereafter a Post Graduate Diploma in Orthopaedics. Petitioner has further stated that he has obtained a Diplomate of National Board in Orthopaedics Broad Speciality Examination Session June 2017. He has filed a Certificate issued by National Board

(2.) of Examinations dated 12/1/2018 as Annexure P/2). The contention of the petitioner is that the Government of India, Ministry of Health & Family Welfare has issued a Notification dated 1st June 2006 and as per the Notification issued by the Government of India, the qualification of Diplomate of National Board (DNB) awarded by National Board of Examination (NBE), New Delhi is equivalent to Post Graduate Qualification (MD/MS) awarded by the Indian Universities. Learned counsel for the petitioner has further stated that the DNB is a recognised qualification as per Schedule I of the Indian Medical Council Act, 1956 and, therefore, he is entitled to participate in the Examination of MD / MS Orthopaedics. Petitioner has further stated that the candidates who are holding qualifications of MD / MS to their credit can directly appear in the final examination of Diploamte of National Board conducted by the National Board of Examination, but there is no provision for the DNB holder candidates to take part in the final examination of MS Orthopaedics conducted by various Universities and, therefore, as candidates possessing DNB, can also appear in the MD / MS Final Year Examination, the petitioner who is possessing DNB can also certainly take part in MD / MS final Examination. Petitioner has further stated that the High Court of Punjab and Haryana in the case of Karamdeep Singh Kahal Vs. State of Punjab and Haryana at Chandigarh (CWP No. 6468/2010 decided on 13/4/2015) has allowed the petitioner therein Karandeep Singh to submit his examination form and, therefore, the petitioner is also entitled to appear in the final examination of MS Orthopaedics which is conducted by the MP Medical

(3.) Science University, Jabalpur / Devi Ahilya Vishvavidyalaya, Indore. A reply has been filed on behalf of the State of Madhya Pradesh as well as on behalf of the M. P. Medical Science University and it has been stated that there is no statutory provision of law which entitles a person holding Diplomate of National Board awarded by the National Board of Examination to appear in the Final Examination of M.D. Orthopaedics. The respondents have stated that as per the statutory provisions, as contained under the Indian Medical Council Act , 1956, Section 19(a) prescribes minimum standard of medical education and the Medical Council of India is the statutory authority to prescribe eligibility criteria for admission to Medical Colleges and to maintain standard of medical education. It has been further stated that Section 20 of the Act provides that the Council may prescribe standards of Post Graduate Medical Education for the guidance of the Universities and Sec. 33 of the Medical Council of India Act empowers the Council with the previous sanction of the Central Government to make regulations providing courses, period of study, subjects of examination, standards of proficiency therein to be obtained, conduct of professional examination. It has been further stated that in exercise of the powers conferred by Sec. 33 of the Indian Medical Council Act , 1956, the Medical Council of India, with previous sanction of the Central Government has framed the Regulations on Graduate Medical Education 1997 and the Post Graduate Medical Education Regulation, 2000. It has been further stated that the regulations framed by the MCI u/S. 20 of the MCI Act are