ORDER

Shukla, J.-- Regard being held to the similitude of reliefs and facts, all the petitions are being disposed off by the common order. For the sake of convenience, the facts of the case are noted from WP No.6218/2023.

2. The present petition is filed under Article 226 of the Constitution of India.

3. Brief facts of the case are that in the year 2014 the petitioner completed MBBS and was registered in Madhya Pradesh Medical Council i.e. respondent No.4 in the year 2015. On 6.6.2018 he was selected for the post of Medical Officer (second class), pursuant to an exam conducted by the MPPSC, by the respondent No.1. The respondent No.1 vide its notification dated 20.7.2020 offered admissions in two year Post graduate Diploma courses in various disciplines in district/civil hospitals of the State after obtaining affiliation from the College of Physicians and Surgeons (“C.P.S”) of Mumbai. Applications were invited by the respondents for admission to a total of 98 P.G Diploma seats for the academic session 2020-2022. The respondents issued guidelines for the same. The seats for diploma in orthopaedics were provided and it was stated that in order to grant recognition to PG diploma in the subject of orthopaedics by respondent No.1, an amendment in the Act will be made separately. On 7.9.2020 respondent No.3 allotted seats for admission to diploma through counselling and sponsorship was issued to regular medical officers for 24 months from the date of their joining. On 3.9.2020 revised results of counselling were issued by the respondents showing petitioner qualified in the admission process. During the years 2020-2022, vide departmental orders passed by the respondents, petitioner served at different places of posting i.e primary health center, Dawana, District Barwani, District Hospital Ratlam; Head Office, Directorate of Health Services, Bhopal; and, at District Hospital Ujjain. Thereafter, the course of the petitioner was completed after 24 months on 10.9.2022. On 28.2.2023, petitioner applied for registration for P.G. qualification. During year 2021-2022 petitioner alongwith others submitted various representations to respondents for notifying and including P.G Diploma in Orthopaedics as a post graduate course and requested for making an amendment to the Madhya Pradesh Ayurvigyan Parishad, 1987, however, till date neither any satisfactory reply has been given nor any action for the said recognition been taken. Thereafter, the respondent has not taken any steps for releasing the said undisputed and admitted amount.

4. The present petition has been filed seeking following reliefs :

(i) To call for the record of impugned inaction of the respondents.

(ii) To issue a -writ in the nature of mandamus directing the respondent to Notify and include the course of P.G. Diploma in Orthopaedics in the list of recognized courses under the Madhya Pradesh Medical Council Act, 1987 with effect from 10.9.2022, the date of completion of the said course by the petitioner.

(iii) Any other relief, which this Hon’ble Court deem just and proper in view of aforesaid submissions.

5. Thus, from relief “II” it is clear that the petitioner is seeking a writ of Mandamus directing the respondents to notify and include the course of P.G Diploma in Orthopaedics in the list of recognized courses under the Madhya Pradesh Ayurvigyan Parishad, 1987, 1987 w.e.f 10.9.2022 i.e. the date of completion of the said course by the petitioner.

6. The respondent Nos.4&5/National Medical Commission (NMC) has submitted that the course of Post Graduate Diploma (orthopaedics) issued by the College of Physicians and Surgeons, Mumbai was deleted from Ist Schedule of Indian Medical Council Act, 1956 by the Central Government vide notification dated 22.1.2018 and the said notification has not been challenged. Therefore, the relief sought in the petition cannot be granted.

7. We have heard learned counsel for the parties. The question that arises for consideration is that whether