HC Rescue: Allows Ineligible CPS pass outs to pursue Secondary DNB course

Published On 2018-04-13 08:01 GMT   |   Update On 2022-12-19 09:09 GMT

Mumbai: The Bombay High Court making an observation that "due to internal issues between College of Physicians and Surgeons and the Union of India, Medical Council of India, the students cannot be penalized'' has allowed MBBS graduates, held otherwise ineligible, for selection to higher studies in 'secondary DNB course', subject to its final directive.


A Dr. Rajiv Kulkarni and a few others had filed a petition challenging the Centre's decision announcing them to be ineligible for admission to a two-year Secondary DNB course.


The court constituting Justice Bharati Dhangre and Bhushan Gavai, while posting the petition for a hearing on May 2 has granted immediate interim relief. The eligibility qualification required by a candidate is an MBBS degree and a Diploma Course of two years, which has the centre's recognition. The Central government in unison with Medical Council of India provide for admission to a two-year Secondary DNB course.


Recognition was granted to certain courses offered by the College of Physicians and Surgeons, Mumbai on or before December 2009 in the month of October last year. However, it was withdrawn in January 2018.


Read Also: U-Turn: Ministry of Health De-Recognizes PG diplomas offered by CPS, Mumbai

The court said that for the present its priority did not lie with the correctness or otherwise of the January 22, notification, " We are only concerned with the career of the students,'' said the bench reported the TOI.


Dr Kulkarni and others who filed this petition in the court were the ones who were affected by the withdrawal of recognition to the College of Physicians and Surgeons, as they had appeared for the Common Entrance Test (CET) conducted in December 2017 and cleared a qualifying examination. The bench stated that the "right which is accrued to the petitioners on October 2017 could not be taken away by the notification dated 22nd January 2018''.


Diplomate of National Board (DNB) is the title awarded by the National Board of Examinations (NBE), an autonomous academic body under the Ministry of Health and Family Welfare, Government of India to aspirants who successfully qualify in their postgraduate or postdoctoral medical exam conducted by it.

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