Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) The Medical Council of India (M.C.I) constituted under the Indian Medical Council Act, 1956 by the act of the Parliament under the field of Entry 66 list I of Schedule VII of the Constitution of India framed guidelines/regulations for framing the Post Graduate Medical Education Regulations, 2000 in exercise of powers under Sec. 33 read with Sec. 20 of the Act of 1956. The regulations were amended again in July, 2009, November, 2011 and lastly vide notification dated 15.2.2012, wherein sub clause VII under Regulation 9 has been incorporated under consideration in the present matter and also quoted here under: - "Sub clause VII: - 50% of the seats in Post Graduate Diploma Courses shall be reserved for Medical Officers in the Government service, who have served for at least three years in remote and/or difficult areas. After acquiring the PG Diploma, the Medical Officers shall serve for two more years in remote and/or difficult areas as defined by State Government/Competent authority from time to time".
(3.) In a public interest litigation being W.P.(PIL) No. 1938 of 2014 filed by certain human right students, a direction was sought to implement the M.C.I. Post Graduate Medical Education Regulations, 2000 as amended up to date in its letter and spirit. Taking into account the stand of the respondent department of Health, Medical Education and Family Welfare, Government of Jharkhand that it is bound to strictly follow the M.C.I. Act/Rules/Regulations and take note of the recent amendments of the M.C.I. with respect to admission in Post Graduate in Medical Education which was pending before the Cabinet for approval, the learned Division Bench of this Court passed order on 25.2.2015 in the following manner: - "In our considered view, State of Jharkhand is required to take a positive decision in this regard without any waste of time, as already done by other States that being in the interest of State only, lest it loses the good doctors. Since the State has already taken some pain in this regard as stated in its counter affidavit, we grant three months time to the State to complete this exercise logically".;