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W.P.(C) 3962/2021 with CM APPL. 11998/2021 (for direction), W.P.(C) 4012/2021 with CM APPL. 12113/2021 (stay)

1. Issue notice. Mr. Mohinder J. S. Rupal, learned counsel, accepts notice for respondent no. 1. Mr. T. Singhdev, learned counsel, accepts notice for the National Medical Commission. Notice upon the other respondents be served through all permissible modes.

5. Mr. Singhdev further points out that although the erstwhile Medical Council of India had not stipulated a span period at the relevant time, the third professional examination also requires four semesters of study, and is in two parts. He submits that, in any event, it would not be possible for the petitioner to clear all the examinations within the stipulated span period.

4. Although an appeal has been filed against the aforesaid order, being LPA 124/2021, I am informed by Mr. Singhdev that the appeal has not yet been taken up by the Hon'ble Division Bench.

5. There is the some dispute in the present case as to whether the petitioners have taken admission prior to the Ordinance coming into force on 09.07.2011. For the purposes of prima facie determination, reference may be made to the schedule in the Bulletin of Information for the 2011- 12 session (at page 53 of the writ petition), from which it appears that the counselling closed on 08.07.2011, and admissions would have taken place thereafter. The impugned Ordinance was issued on 09.07.2011. In view of this position, I am of the prima facie view that the Ordinance would apply to the petitioners.