HC allows docs to finish PG course despite ESIC move to shut

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Bombay High CourtThe Bombay High Court has held that doctors currently undergoing PG medical course in colleges affiliated to Employees State Insurance Corporation (ESIC) in Maharashtra shall be allowed to complete their course despite a decision taken by ESIC to close down these institutions.

The degrees obtained by such doctors shall also be recognised under the Indian Medical Council Act, said a division bench of justices K R Shriram and Anoop Mohata in their judgement two days ago.

Six doctors undergoing post graduation course in ESIC hospital at Parel had filed a petition challenging ESIC’s decision to close down its college in Parel and Andheri.

One doctor among them has completed second year of the three-year degree course, while the others have to appear for final examination in the third year.

“The petitions are hereby disposed of by observing that the medical qualifications that will be granted to petitioners when they successfully clear the examination conducted by the respondents shall be a recognised medical qualification for the purposes of Indian Medical Council Act,” the bench said.

The court also directed the respondents to recognise the post graduate degree that may be awarded to petitioners on completion of post graduation examination scheduled to be held in May 2015 or May 2016, as the case may be, for all purposes.

“It would otherwise, in any event, be unjust and unfair to the petitioners if they are told that though at the time of their joining the course, the college was recognized but they cannot be given the benefit of such recognition and the certificates obtained by them would be futile, because during the pendency of the course or just before completion of the course, the respondent no 5 (ESIC) had decided to close down the respondent no 2 (Parel college of ESIC),” the bench said.

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