ALOK SHARMA,J. - (1.) Excluded from the provisional merit list of 11-6-2018 for admissions in Rajasthan by the college of Physicians and Surgeons (CPS) to its 2 year diploma courses, 2017 the petitioners have filed this petition praying that it be held that they are eligible and hence be considered for admission to CPS-PG diploma courses 2017 in order of their merit on the about 100 vacancies admittedly obtaining for in-service candidates, as they admittedly are.
(2.) The State of Rajasthan through the Director, Medical and Health Services entered into a Memorandum of Understanding (MOU) with CPS Mumbai on 23-12-2015 to facilitate MBBS graduates registered with the Medical Council of Rajasthan to acquire additional qualifications of Post Graduate Diplomas recognized by the Medical Council of India (MCI). As per condition No.5 of the MOU 50% of the admissions to various diploma courses were to be filled in from amongst in-service doctors and the remainder from private MBBS doctors. The diploma awarded by CPS were to be included in the schedule appended to the Rajasthan Medical Council Act, 1952 (hereafter 'the Act of 1952').
(3.) The Ministry of Health and Family Welfare, Department of Health and Family Welfare, Government of India issued a notification dated 17-10-2017 in the exercise of powers conferred by subsection 2 of section 11 of the Indian Medical Council Act, 1956 (hereafter 'the Act of 1956') stating that the Central Government under consultation with the MCI had included by way of amendment in the first schedule of the Act of 1956 several broad Specialty Diploma Courses (two years courses at the post MBBS level) granted by the CPS Note-1 to the Notification specified that all admissions to CPS-PG-diplomas would be through NEET-PG-2017, centralized counselling and as per Government policy from time to time. It was thus universal knowledge that without NEET-PG-2017, which was only a ranking and qualifying examination, admissions to CPS PG Diploma courses were not permissible.;