(1.) The petitioners are pursuing Medical Postgraduate Diploma Courses in Child Health/ Orthopedics/ Obstetrics and Gynecology upon their admission for the academic session 2019-21, in Patna Medical College, Patna. They are seeking a direction in the present writ application to upgrade their course to Postgraduate Degree Course by converting the Postgraduate Diploma seats against which they were admitted, into Postgraduate Degree (MD/MS) seats.
(2.) It has been asserted in the writ application that the Ministry of Health and Family Welfare, Government of India had issued a public notice on 18/1/2019, whereby the medical institutions were requested to send their applications for increasing PG degree seats in their colleges in terms of notification dtd. 12/7/2018 issued by the Medical Council of India's Amendment Notification No. MCI-18(I)/2018-Med./122294. It was made clear in the public notice dtd. 18/1/2019, issued by the Ministry of Health and Family Welfare, Government of India that the Ministry shall consider only those applications which were received till 25/1/2019 as the last date for issuance of letter of permission for the academic session 2019-20 i.e. 28/2/2019 was very close and approaching fast. From the public notice dtd. 18/1/2019, which has been brought on record by way of Annexure-2 to this application, it transpires that the said amendment notification dtd. 12/7/2018, issued by the Board of Governors in super session of Medical Council of India (hereinafter referred to as 'the BoG') enabled medical colleges to seek equal number of PG degree (MD/MS) seats by surrendering recognized diploma seats in corresponding courses, in the wake of which the Ministry was receiving applications from medical institutions for increasing PG degree seats.
(3.) It has also been asserted by the petitioners that the BoG allowed conversion of postgraduate diploma course seats prospectively for the academic session 2019-20 for two private medical colleges in the State of Bihar. The petitioners, however, admit in paragraph 19 of the application that no such conversion of postgraduate diploma course seats into degree seats was allowed in any of the government medical colleges including Patna Medical College. The petitioners have also brought on record a public notice issued by the Ministry of Health and Family Welfare dtd. 18/3/2019 wherein the Ministry took cognizance of the fact that in the light of the Amendment Notification dtd. 12/7/2018(supra), which restricted recognition of various diploma courses in respect of students admitted in the academic year 2018-19, thus, enabling the medical colleges/ institutions to seek equal number of PG (MD/MS) seats in corresponding courses and accordingly a notification restricting recognition of diploma courses to the aforesaid effect was issued by the Ministry. Some of the diploma courses, which were denotified in the light of the Amendment Notification dtd. 12/7/2018, could not be converted into degree seats by the BoG, which had the consequence of depletion of PG seats during counselling for the academic session 2019-20. It was in that background that the Ministry of Health and Family Welfare considered it proper to re-notify certain diploma courses which were not converted into degree seats in respect of colleges/ courses mentioned in the table for their inclusion in counselling for the academic session 2019-20. Name of Patna Medical College figures at serial no. 6. It is evident from the said public notice dtd. 18/3/2019 that diploma courses in (i) Child Health (ii) Orthopedics and (iii) Obstetrics and Gynecology amongst others were renotified by virtue of the said public notice dtd. 18/3/2019 for the academic session 2019-20.