MULAYAM SINGH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners, who are 2017-19 batch Doctors pursuing their Post Graduate Diploma Course in different branches of medicine, have jointly filed this Writ Petition challenging the validity of Amendment Notification No. MCI-12(1)/2017-Med.Misc./115698 dated 05/06/2017; whereby, Minimum Qualification for Teachers in [Dr. Mulayam Singh Yadav & others Vs. Union of India & others] Medical Institutions Regulations 1998 are further amended. The challenge is also to the Notification No. MIC-18(1)/2018- Med/122294 dated 12/07/2018; whereby, "The Opening of a New or Higher Course of Study or Training (including Post Graduate Course of Study or Training) and Increase of Admission Capacity in any Course of Study or Training (including Post Graduate Course of Study or Training) Regulations 2000" is further amended. That the validity of Public Notice issued by Government of India, Ministry of Health and Family Welfare ME.I Section is also challenged.

(2.) Contentions on behalf of the petitioners are that, impugned notifications, jointly and severally, discriminates and downgrades the status of Post Graduate Diploma holders against similarly situated Post Graduate Degree (MS/MD) holders. It is urged that the de- recognition of Post Graduate Diploma Holders for Senior Residentship, Research Fellowships, Facultyship in Medical Colleges/ Institutions is prejudicial to the interest of the petitioners, in absence of any bridge course, will render them ineligible for the post Post Graduate assignments. It is urged that, the impugned notifications and public notice have relegated the petitioners to the status of mere Graduates as no benefit will enure even after completing Diploma courses. It is urged that their right guaranteed under Article 14 , 19 and 21 of the Constitution has been infringed with the advent of impugned notifications. Taking us through history of Post Graduate Diploma [Dr. Mulayam Singh Yadav & others Vs. Union of India & others] courses in different branches of medicine, it is urged that it has been part of the medical education system in India since 1838. Further, taking us through the Regulations 2000 as they were prior to amendment, more particularly, Regulations 10, 11 and 13, it is urged that for all practical and theoratical purposes both Post Graduate Diploma students and the Degree course students are given similar training, same curriculum, responsibilities, duties and exposure, both work shoulder to shoulder and are equally competent. The petitioners have drawn a comparative chart prepared on the basis of Regulations 9, 10, 11.2, 11.3, 12, 13.8, 14 of Regulation 2000 to substantiate the contentions. It is further contended that, with the insertion of Section 10D and Section 33(mb) in Indian Medical Council Act , 1956, w.e.f. 05/08/2016, there is common entrance examination i.e. National Eligibility cum Entrance Test (NEET) for Post Graduate Diploma and Post Graduate Degree Course.

(3.) It is urged that impugned amendments arbitrarily, unreasonably and irrationally discriminate the Post Graduate Diploma holders because:- (i) 2017-2019 & 2018-2020 PG Diploma Students are being unfairly treated when compared to Postgraduate Degree Students as they will not have the opportunity to become SRs, Asst. Professors etc. (ii) 2017-2019 & 2018-2020 PG Diploma Students are even discriminated inter se their own senior PG Diploma [Dr. Mulayam Singh Yadav & others Vs. Union of India & others] Students from the same college who were of batches prior to 2017 as they were eligible for being treated for SRs, Assistant Professors etc at the end of their course. (iii) 2017-2019 & 2018-2020 PG Diploma Students had the opportunity to opt for PG Diploma Courses as well as Degree Courses, only because of inclination towards their respective branch they opted for PG Diploma knowing that they would be treated alike with Degree Courses when it comes to being appointed as SRs or Asst. Professors later. Now after taking admission the rule of the game is being changed unfairly at the peril of the petitioners. The Medical Council of India is estopped by the judicially recognized principle of legitimate expectation to pass the impugned notification qua the petitioner herein (2017-2019 & 2018-2020 PG Diploma students.