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MINI PUSHKARNA, J:

Introduction:
1. The appellants before this Court in LPA No. 15/2023 and LPA No. 16/2023 are the doctors who, after successfully completing their undergraduate Bachelor of Medicine and Bachelor of Surgery ("MBBS") course, have completed three years Post-graduate Fellowship course ("FCPS") offered by the College of Physicians and Surgeons, Mumbai ("CPS Mumbai"). The CPS, Mumbai is the appellant before this Court in LPA No. 87/2023.

(viii) Anita Kishan Rao Videkar and Others Versus Union of India and Others, MANU/MH/0689/2021.

Submissions by CPS, Mumbai:

7. A detailed additional affidavit has been filed on behalf of CPS, Mumbai, appellant in LPA No. 87/2023. The various submissions made on behalf of CPS, Mumbai, are as follows:-

7.1 The notification dated 30th April, 2021 issued by respondent no.

7.2 Through letters dated 27th July, 2021, 29th November, 2021 and 08th August, 2022, CPS, Mumbai had requested respondent no. 1/MoHFW to consider the issue of equivalence prospectively after having regard to the past position.

7.3 CPS, Mumbai is an examining body and is very similar in its functioning to NBE.

7.4 Indian Medical Degrees Act, 1916 was enacted in the year 1916 and in the Schedule referred to in Section 3 of the said Act, CPS, Mumbai was included. Additionally, CPS, Mumbai was included in the Indian Medical Council Act, 1933 pursuant to notification dated 02 nd October, 1945. Subsequently, post independence, CPS, Mumbai was included in Schedule 1 of the IMC Act, 1956.

7.5 Apart from the State of Maharashtra, the FCPS courses are provided in the States of Orissa, Tripura, Karnataka, Madhya Pradesh, Meghalaya, Chhattisgarh and Union Territory of Dadra and Nagar Haveli.

7.6 When the courses of CPS, Mumbai were de-recognized, the CPS, Mumbai followed up with respondent no. 1/MoHFW for recognition of its courses. Pursuant thereto, in August, 2016, a Committee was constituted by the respondent no. 1 under the Chairmanship of Dr. Devi Shetty. The said Committee conducted an inspection on 30th August, 2016 in the establishment of CPS, Mumbai, in order to check syllabi, curricula, enrollment and affiliation of the institution. Thereafter, the said Committee prepared its report wherein it observed that the courses conducted by CPS, Mumbai had enhanced healthcare in Maharashtra in many ways. On the basis of Dr. Devi Shetty Committee report, respondent no. 1/MoHFW granted recognition to thirty nine Post- Graduate Diploma courses and seven Fellowship Courses offered by CPS, Mumbai.