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, Respondent No. 1 vide notification dated 2nd December, 2009 de-recognized the ten medical Qualifications offered by the College of Physicians and Surgeons. A corrigendum was issued on 3rd February, 2010 by the Respondent No. 1 clarifying that the de-recognition issued was to come into effect from 2nd December, 2009 and which would mean that the students who had taken admission before 2nd December, 2009 would not be adversely affected. It was further clarified by Respondent No. 2 on its website that the students who got admission prior to 2nd December, 2009 shall stand recognized.

6. On 5th August, 2016, a committee was constituted by the Respondent No. 1 and Dr. Devi Shetty was appointed as Chairman of the said committee to study the curriculum of the College of Physicians and Surgeons diploma and fellowship courses and provide recommendations for recognition to these courses. The committee submitted its report on 7th October, 2016 justifying the need for granting recognition to diploma and fellowship courses of College of Physicians and Surgeons, Mumbai.

7. The Petitioner No. 1 in January, 2017 completed his MBBS course with internship from Nitte University, Manglore which is recognized by Respondent No. 2.

8. On 12th April, 2017, a meeting was held by the Secretary, Ministry of Health and Family Welfare in which it was decided that the diploma courses run by College of Physicians and Surgeons will be included in the First Schedule with condition that the courses will be reviewed after every three years. The minutes of these meetings were signed by the President of the Medical Council of India and Chairman Academic Committee of the Medical Council of India.

9. The Petitioner No. 1 on 3rd October, 2017 through the College of Physicians and Surgeons was allotted a seat at Grant Medical Foundation Ruby Hall Clinic, Pune for Diploma in Orthopedics (DORTHO).

10. It is the Petitioners case that the Respondent No. 1 accorded permission to 39 Post Graduate Diplomas Courses offered by College of Physicians and Surgeons by notification dated 17th October, 2017, which included the diploma course of the Petitioners. It is the further case of the Petitioners that on 25th October, 2017, the post holding certificate was issued to the Petitioner No. 1 by the Respondent No. 3 and receipt was issued acknowledging payment of admission fees by the Petitioner No. 1.

11. On 17th January, 2018, another committee was constituted under the Chairmanship of Dr. B.D. Athani to examine the standard of College of Physicians and Surgeons Courses. It is stated by the Petitioners that the committee again recommended granting recognition to various diploma courses including those of the Petitioners. However, on the basis of an objection/letter dated 2nd November, 2017 of the Respondent No.