K.J. SENGUPTA, J.

1. BOTH the above appeals have been preferred against the common judgment and order of the learned Single Judge of this Court dated 17th February, 2010 in the aforesaid writ petition. By the impugned judgment and order the writ petition filed by the appellant in the second mentioned Appeal (A.S.T. 53 of 2010) Dr. Rupa Basu (Banerjee) (hereinafter referred to as "Rupa") was dismissed. First mentioned appeal (A.S.T. 60 of 2010) has been preferred by the appellant, Medical Council of India against the findings of the learned Trial Judge in the said writ petition that the Rule 8.8 of the Regulation of 2002 is unconstitutional.

2. The fact leading to preferring the aforesaid two appeals are summarized hereunder:- Rupa is a qualified doctor having registration certificate issued by the West Bengal Medical Council. She holds diploma in Gynecology and Obstetrics from Calcutta University and also Post Graduation Degree in the same field. One Smt. Modhumita Boral the respondent No.6 was admitted to the Nursing Home owned and run by Rupa under the name and style of New Life Maternity, Chanditala Hooghly, for delivery of third child of the respondent No.6. Accordingly