- (1.) Save and except WP Nos. 1504(w) of 2012 [Dr. Niladri Roy & Ors. vs. State & Ors.] and WP No. 5101(w) of 2012[Dr. Gobinda Ch. Mallick & Ors. vs. State & Ors.], the submissions of the learned counsel for the petitioners in all the cases are common including these two cases. However, in these two matters, some additional points have been argued which will be dealt with separately. Let it be recorded that only in two writ petitions viz. WP Nos. 1000(w) of 2012 [Dr. Papiya Biswas & Ors. vs. State & Ors.] and WP No. 5125 (w) of 2012 [Dr. Kayum Golder & Ors. vs. State], the MCI Regulations are under challenge, but in all the other cases, the State action is under challenge.
(2.) All these matters have been heard together and they are being disposed of by one common judgment.
(3.) According to the Learned counsel for the petitioners, the Notification issued by the Government of West Bengal under Section 33 of the Indian Medical Council Act, 1956, is discriminatory inasmuch as it creates and carves out only certain Districts for purposes of bringing them within the ambit of "remote" and "difficult areas". It is submitted that the State Government has no authority or jurisdiction to define such "remote" and "difficult" areas since this is an exclusive prerogative of the Medical Council of India and especially more so when, the Medical Council of India, by its Notification dated 16.4.2010 had clearly mentioned that such areas wopuld be identified and decided by the "competent State authorities" and therefore, the State Government had a very limited role to play and if it proceeded to take upon itself the task of defining as to which area would be remote and/or difficult, then it would take upon itself an action which is beyond the scope of Article 154 read with Article 162 of the Constitution of India. According to the learned Counsel, these two Constitutional provisions are in the field of governance of the State pertaining to its executive powers which can never mean that it can be dictated by the Medical Council of India to decide as to which area would be difficult or as to which area would be remote. Learned counsel points out that if, for the sake of argument, it is taken to mean that the Notification of the Medical Council of India actually delegated its powers upon the State to define and identify such remote and/or difficult areas, then, it must be held that the said Medical Council of India has acted beyond the powers contemplated under Section 33 of the Indian Medical Council Act, 1956. Learned counsel submits that the very purpose of Indian Medical Council Act, 1956 has been highlighted at the very outset where the statement of objects and reasons of the said Act was considered at the stage when it was at the stage of a Bill.;