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10. This Court had commenced final arguments in the matters on 28th August, 2023. In view of the various submissions made before this Court during the course of hearing, this Court had directed that Dr. Girish Manaindaikar, President of College of Physician and Surgeons, Mumbai (CPS, Mumbai) be personally present in Court. Thus, when Dr. Girish Manaindaikar appeared personally before this Court on 04th September, 2023. Number of clarifications with regard to the functioning of CPS, Mumbai as well as the issues raised in the present appeals, were sought from him. Dr. Girish Manaindaikar undertook to this Court that he will file supplementary affidavit. Thereafter, matters were further heard by this Court on 05th September, 2023.

29. This Court also notes that the notification dated 22nd January, 2018 issued by the Central Government wherein the Central Government de- recognized 36 out of 39 diploma courses held by CPS, Mumbai, was never challenged by respondent no. 4/CPS, Mumbai. Further, the decision of respondent no. 3/NBE as recorded in the Minutes of the Meeting dated 24th December, 2020 that CPS candidates will not be allowed to appear in DNB final examinations till clarity is provided by the Ministry, was again never challenged by respondent no. 4/CPS, Mumbai. Similarly, the communication issued by Ministry to respondent no. 3/NBE vide its letter dated 30th April, 2021 stating that FCPS qualifications are registrable qualifications only for the purposes of practice and not equivalent to MD/MS courses, was also not challenged by respondent no. 4/CPS, Mumbai.

31. It is relevant to note that no documents have been shown to this Court that equivalence was ever granted to Fellowship courses conducted by CPS, Mumbai (FCPS) or FCPS was held equivalent to MD/MS qualification at any point of time.

32. As canvassed on behalf of NBE, it is also pertinent to note that FCPS is an independent qualification as granted by CPS, Mumbai. In like manner, DNB is an independent qualification as granted by NBE. The FCPS courses as conducted by CPS, Mumbai are not continuation courses for DNB. Similarly, DNB course is not a continuity course for FCPS. The respective qualifications as conferred by CPS, Mumbai and NBE are totally independent of each other and exist in separate spheres, being disjunctive and having no connection with each other. In view of the aforesaid, the contention raised on behalf of appellants with respect to retrospective application of the letter dated 30th April, 2021 issued by the Central Government holds no water. If there was any interference in the degree awarded by CPS, Mumbai, then the issue of retrospectivity would have arisen. However, by letter dated 30th April, 2021, there is no interference to the recognition of the FCPS qualifications. The letter dated 30th April, 2021 is prima facie clarificatory in nature, since it only clarifies the position as already existing that FCPS qualifications are not equivalent to MD/MS courses. The Central Government or the NMC are not re-visiting or re- calling the degrees already granted by CPS, Mumbai. Therefore, the issue of retrospective application of letter dated 30th April, 2021 has wrongly been raised on behalf of the appellants.

45.2 Similarly, the judgment in the case of Anita Kishanrao Videkar (Supra) is also clearly distinguishable. In the said case, the petitioners therein had taken admission in secondary DNB course on the basis of diploma in CPS, Mumbai and had completed the entire two years of instruction. In these circumstances, it was held that it would be unjust to now hold the said petitioners to be ineligible to be admitted to the said DNB course, when they had already completed the entire two years of the instruction of the course. However, that is not the position in the present case. Recognition of the course pursued by the appellants in the present case in CPS, Mumbai has not been taken away by the letter dated 30th April, 2021 issued by the Central Government. The FCPS granted by CPS, Mumbai continues to be recognised and the degrees already granted to the appellants will continue to be recognised. Furthermore, the appellants who are still pursuing the course in CPS, Mumbai will be granted recognised degrees. Besides, there is no retrospective application of the policy in the present case, in terms of the discussion in the preceding paragraphs. 45.3 In the same way, the judgment dated 17th September, 2021 in the case of Dr. Amarja/Amarnath Mohan Vs. Union of India and Ors., W.P. (C) No. 9287/2019, passed by following the judgment in the case of Anita Kishanrao Videkar (supra) is also not applicable to the present case in the facts and circumstances of the present case, as there is no retrospective application of the policy in the present case.