MAHESH PRAKASH SHINDE Vs. UNION OF INDIA

JUDGEMENT

(1.) 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.

(2.) The respondents before this Court are the Union of India/Central Government, through Ministry of Health and Family Welfare ('MoHFW') as respondent no. 1; The National Medical Commission ('NMC') as respondent no. 2 and National Board of Examinations in Medical Sciences ('NBE') as respondent no. 3.

(3.) The present appeals have been filed against the common judgment dtd. 11/10/2022 passed by the Learned Single Judge in W.P. (C) No. 7615/2022 and other connected matters. The appellants-doctors being aggrieved by the notification dtd. 30/4/2021 issued by the respondent no. 1/MoHFW approached this Court by filing writ petitions. By the said notification, the MoHFW, after holding that six Fellowship Courses conducted by CPS, Mumbai are recognized and registrable for the purpose of practise, held that the same cannot be considered equivalent to their respective Doctor of Medicine ('MD')/Master of Surgery ('MS') counterpart. The core issue of dispute in the present cases is that on account of the aforesaid notification clarifying that the FCPS courses are not equivalent to MD/MS qualifications, the appellants-doctors are not allowed to sit for the Diplomate of National Board ('DNB') final examination, as qualification of MD/MS, is a prerequisite for the DNB course.