ORDER
Arun Mishra, J.
1. The relief of the petitioner in the instant writ petition is to direct respondent No. 1 Rani Durgavati Vishwa Vidyalaya, Jabalpur to amend the degree of the petitioner from that of M. D. (Pathology and Microbiology) to M. D. (Pathology). The petitioner further prays to direct respondent No. 1 Rani Durgavati Vishwa Vidyalaya, Jabalpur to adopt the line of action as adopted by Devi Ahilya Vishwa Vidyalaya, tndore as per notification (Annexure P/8) dated 19-2-1998. The petitioner also prays to direct the M.P. Medical Council, Bhopal to register the petitioner for additional qualification in M. D. (Pathology).
2. Petitioner avers that he did M.B.B.S. and thereafter M.D. (Pathology and Microbiology). These degrees were granted by Rani Durgavati Vishwa Vidyalaya, Jabalpur. The petitioner made an application to the M.P. Medical Council, Bhopal for registration of his additional qualification of M.D. (Pathology). M.P. Medical Council, Bhopal refused to register the petitioner for M.D. (Pathology) on the ground that the qualification of M.D. (Pathology and Microbiology) is not recognised by the Medical Council of India for the purpose of registration. The petitioner submits that if the degree is amended by the respondent No. 1 University, it may be registered by the M.P. Medical Council. Petitioner submits that respondent No. 1 University refused to award the degree in any subject other than M.D. (Pathology and Microbiology). The petitioner places reliance on Section 10A of the Indian Medical Council Act, 1956 and submits that the University can grant the recognised medical degree subject to the course it adopts. As per Sub-section (1) of Section 11 of the Act, the medical qualifications granted by any University or Medical Institution in India which are mentioned in the First Schedule shall be recognised medical qualification for the purposes of the Act. The petitioner submits that in Rani Durgavati Vishwavidyalaya, Jabalpur, the course of M.D. (Pathology) is recognised and no course for Microbiology has been recognised by the Medieal Council of India for teaching. Similar was the case with the Devi Ahilya Vishwa Vidyalaya, Indore for granting decree of M.D. (Pathology and Microbiology). Devi Ahilya Vishwa Vidyalaya, Indore, having come to know that the Medical Council of India is not recognising the aforesaid degree, amended the degree of M.D. (Pathology and Microbiology) to that of M.D. (Pathology) by notification Annexure P/8 dated 19-2-1998.
3. The petitioner submits that he made an application to the Rani Durgavati Vishwa Vidyalaya, Jabalpur pursuant to the notification dated 19-2-1998 issued by Devi Ahilya Vishwa Vidyalaya, Indore but no action was taken to amend the degree. However it appears that steps have been taken by the Devi Ahilya University to confer the degree of M.D. (Pathology) instead of the degree of M.D. (Pathology and Microbiology) and for the same course, ordinance has been amended.
4. Respondent No. 1 Rani Durgavati Vishwa Vidyalaya, Jabalpur in its return contends that the faculty of medicine held its meeting on 6-8-1983 to prepare and consider the schemes for studies in medical science along with the latest recommendations of the Medical Council of India. The Vice-Chancellor of respondent No. 1 University accepted the recommendations of the faculty of medicine and in exercise of its powers under Section 52(4) of the M.P. Vishwavidyalaya Adhiniyam, 1973 approved the revised ordinance and also approved the degree of M.D. (Pathology and Microbiology). At a later stage this issue was brought to the notice of the University that the description of post graduate degree awarded by it in Pathology does not match with the description approved by the Medical Council of India and therefore some organizations including UPSC arc not recognising the degree awarded by the respondent No. 1 University. Respondent No. 1 University took up the matter and sent a letter Annexure RI/3 dated 23-10-1997 to the Medical Council of India pointing out that the students passed out between July, 1990 to 1996 have been awarded the degree of M.D. (Pathology and Microbiology) and UPSC is creating obstruction in their appointment on the post of professors on the ground that the description does not tally with the post graduate degree approved by Medical Council of India. It was requested by the respondent No. 1 University that the degree be treated to be at par with the degree of M.D, (Pathology) approved by the Medical Council of India. The respondent No. 1 University had also sent minutes of the meeting of the Executive Council of University held on 31-8-1997 along with letter dated 23-10-1997 (An-nexure RI/3). Thereafter, Medical Council of India responded vide its letter dated 9-2-1998 and accepting the requests as mentioned in letter dated 23-10-1997 informed the respondent No. 1 University that the qualification of M.D. (Pathology and Microbiology) will be treated at par with the qualification M.D. (Pathology) and all the students possessing the master degree will be given equal benefit. Copy of the letter dated 9-2-1998 of the Medical Council of India has been placed on record as Annexure RI/4. It has further been pointed out by the respondent No. 1 University that faculty of medicine in its meeting dated 31-1-1997 has resolved for the change of the degree in M.D. (Pathology and Microbiology) into M.D. (Pathology) and the aforesaid recommendation of faculty of medicine has been accepted by the Academic Council on 22-3-1997 and accordingly the Executive Council has also approved the same in its meeting held on 31-8-1997. In pursuance of the resolutions, the necessary charge in the nomenclature of degree has already been affected. Learned counsel for the respondent No. 1 University further adds that the decision has been made prospecttvely. Now two different degrees are provided M.D. (Pathology) and M.D. in (Microbiology).
5. Respondent No. 3 M.P. Medical Council, Bhopal in its return has contended that additional registration for qualification as M.D. (Pathology and Microbiology) was rightly refused. The Medical Council of India recognises only M.D. (Pathology) as mentioned in the First Schedule of the Indian Medical Council Act, 1956 which has been filed as Annexure R3/1, learned counsel for the respondent No. 3 submits that under the provisions of Section 2(d) of the Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987 the M.P. Medical Council is bound to register only the recognised medical qualifications which have been recognised by the Government of India and the Medical Council of India as per First Schedule mentioned in Section 11 of the Indian Medical Council Act. 1956.
6. Shri B.L. Nema, learned Senior counsel for the petitioner submits that action of the respondent No. 1 University in not amending the degree granted to the petitioner, whereas it had been decided for changing nomenclature of the degree of M.D. (Pathology and Microbiology) with respect of the students who passed out after the year 1997, is discriminatory and illegal. Learned counsel for the petitioner further submits that respondent No. 1 University ought to have changed the nomenclature of the degree of M.D. (Pathology & Microbiology) to that of M.D. (Pathology) in accordance with the decision of the Devi Ahilya Vishwa Vidyalaya, Indore before whom the same objection had been raised and as per notification dated 19-2-1998 Annexure A/8, Devi Ahilya Vishwa Vidhyalaya amended the degree. The learned counsel further submits that since in the schedule to Section 11 of the Act. M.D. (Pathology) has been mentioned as medical qualification, efforts were made by the petitioners in acquiring the qualification and as such the Registrar of the respondent No. 1 University may be directed to correct the error.
7. Counsel for the University has supported the plea taken in return. The counsel for respondents No. 3/4/5 submitted that the matter is in between the University and petitioner.
8. Perusal of Schedules to the Indian Medical Council Act, 1956 clearly indicates that the medical qualifications which are recognised by the Universities and Medical Institutions in India have been mentioned. According to the First Schedule qualification Doctor of Medicine in Pathology in abbreviation form M.D. (Path.) has been recognised in the Rani Durgavatl Vishwavidyalaya, Jabalpur. Thus, it was incumbent upon the respondent No. 1 University to have awarded only that degree which is recognized one and to amend the decree from that of M.D. (Pathology and Microbiology) to M.D. (Pathology) as this is the only change in nomenclature of the degree. For the fault of the University, the students cannot be made to suffer. Since they have acquired qualifications, degrees in M.D. (Pathology and Microbiology) should be amended as the Schedule to Act of 1956 does not recognise the decree in M.D. (Pathology and Microbiology). The petitioner and such other similar students are being deprived of their right to education and other fundamental right enshrined under Articles 14 and 21 of the Constitution of India which make it clear that the petitioner and such other students cannot be dealt with In such an arbitrary manner. The respondents are bound to act within the purview of Medical Council Act, 1956. I find no rhyme or reason in the explanation offered by the Rani Durgavati Vishwavidyalaya in not amending nomenclature of the degree of M.D. (Pathology and Microbiology). If the degree is not amended, it may be detrimental to the students who have passed out the examination by making hard efforts in obtaining the degree and their qualification would gp in waste. In such circumstances, the decision was taken by Devi Ahilya Vishwavidyalaya, Indore and by notification Annexure A-8, the said University has recalled its order and amended the degree. Therefore, same action ought to have been taken by the respondent No. 1 University to amend the degree of the students who have passed prior to 1997 when it has decided to amend it prospectively. Though the University realised the situation and its mistake and they have passed the resolutions in this respect in 1997 the students of 1990 to 1996 are being still awarded by the degree with nomenclature on the basis of same course as M.D. (Pathology and Microbiology). The action taken is discriminatory. Right to education is a fundamental right. Under Article 21 of the Constitution of India no one can be deprived of fruits of his hard labour rendered in pursuit of degree in question by prescribing a wrong nomenclature. Medical Council had indicated its willing to treat degree as one in M.D. in Pathology as same course which should have been enough for University to amend it and act like Devi Ahilya University, Indore.
9. The Medical Council of India has not given recognition to the degree of Microbiology and it has expressed no objection but the fact remains that the Schedule remains unamended and as such the stand of the M.P. Medical Council is proper that it only recognises the degree which is in tune with the nomenclature mentioned in the Schedule. The dispute is only about the nomenclature.
10. Thus, the communication of the University Annexure P-7 is quashed and the respondent No. 1 University is commanded to amend the degree of the petitioner from that if M.D. (Pathology and Microbiology) to that of M.D. (Pathology). It is made clear that similar treatment be also given to the other similarly placed students by the respondent No. 1. In the facts and circumstances of the case, parties to bear their own costs.