CPS lost its validity to confer degrees in 2016, Centre tells HC

The College of Physicians & Surgeons of Mumbai lost validity to confer medical degrees in 2016, making its degrees unrecognized under the NMC Act.

MUMBAI: The College of Physicians & Surgeons of Mumbai (CPS) lost its validity to confer medical degrees in May 2016 and, therefore, none of its degrees should be recognised under the National Medical Council (NMC) Act, the central government informed the Bombay high court on Wednesday.

HT Image

The government’s counsel, advocate Rui Rodrigues, submitted to the high court a letter issued by the Ministry of Health and Family Welfare to Maharashtra’s medical education and drugs department on July 19, stating that the CPS lost its validity to confer degrees in May 2016 when the Indian Medical Degrees Act, 1916, was repealed. “Therefore, as on date (sic), no course run by CPS, Mumbai should be recognized for the purpose of the NMC Act, 2019 with effect from 09.05.2016,” said the letter. HT had reported about the letter on July 24.

The letter added that under Section 10A of the erstwhile Indian Medical Council Act, 1956 and Section 28 of the NMC Act, a new medical college can be established and new post-graduate courses can be started only with the permission of the central government and the NMC’s Ethics and Medical Registration Board. The erstwhile Indian Medical Council has already clarified in November 2017 that “no such permission was given to CPS” and, in this backdrop, admissions cannot be processed for 10 post-graduate courses offered by CPS.

Advocate Rodrigues submitted the letter pursuant to an order passed by the division bench of Justice Bharati Dangre and Justice Manjusha Deshpande last week, directing the Centre to clarify its stand on continuing courses being offered by CPS.

The order was passed on a plea filed by Dr Suhas Pingle, former president of the Maharashtra branch of the Indian Medical Association (IMA), challenging a March order issued by the state government to the Directorate of Medical Education and Research to start admissions for 10 post-graduate courses offered by CPS for the academic year 2023-24.

Advocate VM Thorat, who represented Dr Pingle, had pointed out a Supreme Court ruling that unfilled seats in an academic year cannot be filled after November 31. Besides, he had pointed out that the order was also in the teeth of a letter issued by the NMC earlier this month to the secretary of the health ministry highlighting serious concerns about safeguarding the career of the students, and also the health system in general. The letter also referred to the show cause notice issued to CPS for not following the regulatory provision.

In his PIL filed through advocate Madhav Thorat, Dr Pingle challenged three notifications that allowed the CPS to continue around 19 medical courses. He also sought an order restraining CPS from affiliating with or permitting clinics/hospitals to admit students for its post-graduate diploma or fellowship courses.

Dr Pingle stated that, as a member of the NMC and former president of the Maharashtra chapter of the Indian Medical Association, he came to know that small hospitals and clinics are recognised by CPS as training and teaching hospitals for conferment of its medical degrees.

These clinics and hospitals lacked essential infrastructure, equipment, teaching and non-teaching staff, he said. No transparency was maintained while admitting the students to various postgraduate courses and in conducting of examination and evaluation of answer sheets, he added.