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2021 Supreme(Bom) 332

R.D.DHANUKA, R.I.CHAGLA
Kavyansh Bhan – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Pralhad D. Paranjape, Mr. Manish Kelkar, Ms. Druti Datar.
For the Respondents: Mr. Rui A. Rodrigues, Mr. D.P. Singh, Mr. Ganesh Gole, Mr. Ritesh Ratnam, Mr. Naryan Sahu, Mr. Chirag Dave, Mr. Dnyaneshwar Jadhav.

JUDGMENT :

R.I. CHAGLA, J.

1. Rule.

2. The learned Counsel for Respondent Nos. 1, 2 and 3 respectively waive service. Heard finally by consent of parties.

3. By these Writ Petitions fled under Article 226 of the Constitution of India, the Petitioners are seeking the quashing and setting aside of notification dated 22nd January, 2018 published on 12th February, 2018 and issued by the Respondent No. 1 to the extent that Post Graduate Diplomas (Orthopedics in Writ Petition No. 5339 of 2018) and (Ophthalmic Medicine and Surgery in Writ Petition No. 7659 of 2018) being pursued by the respective Petitioners in the Respondent No. 3. The College of Physicians and Surgeons, Mumbai are de-recognized.

4. Both the Writ Petitions being almost identical and challenging the said impugned notification dated 22nd January, 2018 were heard together and are being disposed off by a common order. For the sake of convenience, the facts in Writ Petition No. 5339 of 2018 are being adverted to.

5. Prior to December 2009, the Respondent No. 1 had recognized a total of 10 posts of Post Graduate Diploma and fellowships offered by the College of Physicians and Surgeons. However, in the middle of the academic year, Re

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