(1.) We are concerned with about sixteen (16) writ petitions challenging the provisions of Clause 9(2)(d) of the Postgraduate Medical Education Regulations, 2000, ('the said regulation' in short) and the consequential Government of West Bengal notification dated November 23, 2011, ('the said notification' in short). In Writ Petition No. 1000(w) of 2012 and Writ Petition No. 5125(w) of 2012, the said Clause 9(2)(d) is, specifically, under challenge. However, in the other fourteen (14) writ petitions, the said government notification is under challenge.
(2.) The Hon'ble Single Judge, by the order impugned, inter alia, held that there was no illegality on part of the Medical Council of India in amending the said regulation of 2000 by inserting Clause 9(2)(d) in the said regulation and, further, held that the said notification of the Government of West Bengal only identified the rural and difficult areas, which was within the domain of the State Government.
(3.) However, the Hon'ble Single Judge held that, in the absence of the West Bengal Government notification clearly specifying that it would have retrospective and retroactive operations, the said notification should be deemed to be prospective in nature. Being aggrieved, the writ petitioners have filed appeals.
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