6.What we find is that the qualifications which have been prescribed by the Medical Council of India are well within the competence of the Medical Council of India. If the State Government has made any recommendations or any Bill has been staged in the Parliament, the outcome thereof may or may not be advantageous to the petitioner depending upon the nature of any decision taken in this regard. But, so far as the impugned rules are concerned, we do not find any incompetence in the Medical Council of India to prescribe higher qualifications, namely, post-graduate degree course, for the purpose of teaching assignments, which squarely falls within the prescription of qualifications, and the regulation being framed under the Medical Council of India Act, 1956, is clearly saved keeping in view the powers so conferred in terms of Entry 66 of List I of the Seventh Schedule to the Constitution of India. We, therefore, do not find any lack of competence and so far as arbitrariness is concerned, it is always open to an employer to prescribe a higher qualification. In this regard, it is not disputed that the regulations have been made applicable prospectively and therefore, it cannot take away any such rights which have accrued in favour of such candidates who have been previously appointed, of course subject to the regulations which have been made, which will obviously apply prospectively.
