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On behalf of NMC

10. Mr. T. Singhdev, counsel for NMC, makes the following averments:

10.1. After much deliberations and considering the quality and standard of training provided by CPS Mumbai -- NMC recommended MoHFW to de-recognise FCPS courses. CPS Mumbai is only a registered society under the Societies Registration Act, 1860 and does not qualify as a recognised university/ medical college. 10.2. The High Court of Bombay is hearing a batch of petitions [W.P. No. 6751/2018 titled Dr. Priya P. Shah v. Union of India], wherein similar issues, as urged in the present petitions, are pending adjudication. In the said case, vide order dated 13th July, 2018, the Court has expressed preliminary views against recognition of FCPS courses.

Petitioners are attempting to interpret the impugned letter de hors the contextual background, which cannot be the basis to strike down said policy decision.

25. The discussion would be incomplete without taking note of antecedent facts which exhibit Respondents' well-founded hesitation in granting equivalence to FCPS courses. The objection for treating FCPS courses commensurable with MS/MD degrees is founded on the status and persona of CPS Mumbai itself. The said institute is neither affiliated to any recognised university nor is recognised/ deemed under the University Grants Commission Act, 1956. NMC, after inspection and substantial deliberation, had concluded that CPS Mumbai does not have a full-time teaching faculty, adequate infrastructure and other training facilities such as clinical material, equipment and laboratory facilities, that are prerequisite for grant of quality medical education. Mr. Singhdev had argued that CPS Mumbai provided admission in FCPS courses solely on the basis of MBBS degrees, which is violative of the Postgraduate Medical Education Regulations, 2000 whereunder, admissions to postgraduate level courses such as MS or MD are mandatorily required to be done on the basis of prospective candidate's performance in merit-based national level admission tests. Reliance was also placed on a letter dated 31st March, 2021 addressed to MoHFW, where NMC expressed concerns over quality of training provided by CPS Mumbai and highlighted the lack of supporting evidence to show that persons possessing FCPS qualifications contributed substantially towards the improvement of rural healthcare infrastructure, which is the need of the hour. It is for the above-stated reasons that Respondents favoured de-recognising equivalence of FCPS courses with their counterparts viz. MS/MD degrees.