Supreme Court Modifies Its Judgment, Upholds PG Degrees Of Medical Professionals In WB Who Completed Studies By July 2022

In a major relief for several medical professionals in West Bengal, the Supreme Court recently modified its judgment, ensuring that those who had completed their studies till July 2022 and were working as Senior Residents will retain their degrees as legal and valid. Previously, the Court vide judgment dated 17.10.2022 refused to consider the petitioners' admission in PG Courses (for the 2019-2020 academic year) beyond the cut-off date of May 31, 2019, stating that no sympathy could be shown to them to allow their admission beyond the cut-off date. Following this, the petitioners-medical professionals filed a review petition before the Supreme Court. The bench led by CJI Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Viswanathan heard the review petition. After noting that the degrees were awarded to them in July 2022 i.e., before the date of delivery of the judgment, the Court validated the medical degrees of petitioners who had completed their education by July 2022 and were working as Senior Residents. “Having heard the learned counsel for the parties and given the peculiar facts and circumstances of the case, the present review petitions deserve to be allowed to the extent that the review petitioners who have completed their studies in the month of July 2022 and were thereafter appointed and were working as Senior Residents, should not be deprived of their degrees. In other words, the degrees awarded to them, despite the judgment of this Court dated 17.10.2022 passed in the civil appeals, would be treated as legal and valid.”, the court ordered. However, the aforesaid relief was not extended to one of the petitioners because her studies were continuing at the time of delivery of the judgment. Instead, the Court permitted her to continue her studies at the North Bengal Medical College, Darjeeling, West Bengal, noting that she was prevented from continuing with her further studies given the judgment dated 17.10.2023. “Keeping in view the fact that Dr. Priyambada Sharma already studied for almost three years, we permit her to continue and complete her studies at the North Bengal Medical College, Darjeeling, West Bengal.”, the court observed. The Court also imposed a joint penalty of ₹5 lakh on the West Bengal University of Health Sciences and North Bengal Medical College, holding them accountable for the issues leading to the litigation. The amount must be deposited in the Chief Minister's Relief Fund, Government of West Bengal, within four weeks. Case Title: DR. PRIYAMBADA SHARMA, ETC. ETC. VERSUS BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA & ORS. ETC. Click here to read/download the order

Supreme Court Modifies Its Judgment, Upholds PG Degrees Of Medical Professionals In WB Who Completed Studies By July 2022

Yash Mittal

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