Jabalpur: While considering a plea by a doctor whose application for registering a diploma degree from the College of Physicians & Surgeons of Mumbai (CPS Mumbai) was cancelled, the Vacation bench of Madhya Pradesh High Court has sought to know the response from the Madhya Pradesh Medical Council (MPMC) and the erstwhile Medical Council of India (MCI), now National Medical Commission (NMC).
Therefore, the bench comprising of Justices MS Bhatti and PC Gupta has issued notices to the respondents including the Union and the state government, MCI and MPMC, reports TOI.
The case concerned the petitioner Dr. Soni, who got enrolled in a diploma course in anaesthesia from CPS Mumbai, after graduating with MBBS degree. Her contention is that even though the MP Government had recognized the course back in 2019, when she applied for registration for the same after completing the course, her application was rejected by the State Medical Council in Madhya Pradesh.
College Of Physicians & Surgeons Of Mumbai, CPS Mumbai, the autonomous body responsible for imparting PG medical education, was set up back in 1913. Located in Mumbai near KEM Hospital, CPS Mumbai offers several Fellowship programs, and Diploma and Certificate medical courses.
earlier reported about the CPS recognition issue. While DNB candidates in the country are fighting for the equivalence, candidates having degrees from College of Physicians and Surgeons are fighting for recognition. Erstwhile MCI on its part had been doing a Yo-Yo Movement when it comes to decision of recognition of these courses. In October 2017, through a gazette MCI recognised many CPS diplomas, while just 4 months later, through another notification de-recognised many other CPS degrees.

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The matter of the recognition of these courses, as well as the infrastructure based on which they are provided was also brought up before the Bombay HC in 2018. In the case pertaining to the recognition of CPS courses, the Bombay High Court pulled up the central and the state government for allowing such courses to flourish despite opposition from the MCI adding that If a CPS diploma holder cannot teach any student nor can be termed as an expert in any branch of medicine or surgery, then, there is no warrant in allowing him to retain this degree in his bio-data or nameplate.

The court also made special note of the earlier communications in the matter which noted "CPS being a Society without any proper infrastructure, teaching faculty, hospital, etc. required for imparting medical education is not legally entitled to conduct any medical course as well as confer any degrees whatsoever. In any event, the degree granted by the CPS cannot be treated as a recognized medical qualification."

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The court had also directed the MCI to take a call on the matter.
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However, last year, the Union Health Ministry had informed in the Parliament that altogether three CPS Diploma courses were earlier recognized by the Union Ministry of Health and Family Welfare. These three Diploma courses include the Diploma in Child Health (DCH), Diploma in Gynecology and Obstetrics (DGO), and Diploma in Pathology and Bacteriology (DPB). These were also included in the First Schedule of the erstwhile Indian Medical Council (IMC) Act, 1956.
As per the latest media report by the Times of India, Dr. Soni has completed diploma course in anaesthesia from CPS Mumbai and the same course has not been recognized by the Madhya Pradesh Medical Council (MPMC).
While considering the plea by Dr. Soni, represented by Advocate Aditya Sanghi, the HC bench has issued notice to the erstwhile MCI, now NMC, MPMC, the State and Union Government and sought to know their response.
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