Court : Gujarat
Reported in : AIR2002Guj1; (2001)2GLR1521
..... the council of alternative systems of medicine & anr. v. state of west bengal & ors., reported in 1991 (2) clj 173. the said decision, after having considered the scope and effect of indian medical council act, 1956 and indian medical degrees act, 1916, particularly considers the scope and effect and application of the system of therapy popularly known as 'naturopathy'. in this context ..... a cure by controlling diet, the senses and breathing, does not contravene any statute. however, as already noted hereinabove, the definition 'to practice any system of medicine' as found in section 2 of the gujarat medical practitioners act, 1963, defines that the practice of naturopathy ipso facto shall not be deemed on that account only, to be a practice ..... where professional degrees would be awarded. 4. so far as the first concept is concerned, viz., 'practice of naturopathy', it would appear that the same would not require any professional qualification under any law for the time-being in force. 5. in this context, it is relevant to consider section 2 of the gujarat medical practitioners' act, 1963, ..... 12. in the context of prayer (c) it merely requires to be noted that the gujarat ayurved university act, 1965 establishes 'the gujarat ayurved university'. section 2, sub-section (4) defines 'ayurvedic system of medicine' which includes the nisargopachar system. section 27 deals with affiliation, recognition and approval of colleges applying for affiliation to the university (for the broader purpose .....Tag this Judgment!
Court : Gujarat
Reported in : (1981)22GLR41
..... and, therefore, mean ; nothing more than imparting of post-graduate medical education after a student is admitted and prescribing the passing standards for the postgraduate medical degree. we are, therefore, of the opinion that these two expressions used in sub-section (1) of section 20 of the medical council act, 1956 do not embrace within their sweep selection of students for admission ..... other words, the validity of state legislation would depend upon whether it prejudicially affects co-ordination and determination of standards, but not upon the existence of some definite union legislation directed to achieve that purpose. if there be union legislation in respect of co-ordination and determination of standards, that would have paramountcy over the ..... with matters incidental to the constitution of post-graduate committee. this sub-section confers upon the medical council substantive power in respect of two matters: (i) prescription of standards of postgraduate medical education, and (ii) securing uniform standards for post-graduate medical education throughout india. section 33 confers upon the medical council power to make regulations. it specifies matters which are incorporated in ..... it was ultra vires entry 66 in the union list. it was also challenged on the ground that it was ultra vires certain provisions of andhra university act (2 of 1926). in that connection, it was observed by the supreme court that the government which ran the colleges had the right to make a selection oat .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1987Guj191; (1987)2GLR748
..... students who may have passed std. xii examination from science stream from outside state cannot be subjected to same standard of eligibility for regulating their admission to b.e. degree course. rules 3.2 and 3.3, therefore, instead of being arbitrary and violative of art. 14 are within their permissible limits. that would become vulnerable if they are extended to ..... marks or 52% marks for being eligible for consideration for admission to the post-graduate degree in m.d., m.s. and diploma course in m.d., m.s. ect. respectively on the basis of merit in accordance with the regulations made under the indian medical council act, were laid down. the question before the supreme court was whether the order of the ..... be reconciled and were found to be necessary in the light of the limited number of seats available for the above group of medical studies. on the same reasoning, therefore, it can easily be seen that rr. 3.2 and 3.3 lay down one set of qualifications prescribed for judging minimum eligibility qualifications of the concerned students. having satisfied these ..... of gujarat. as per the aforesaid rules, qualifying examination for being admitted to the engineering colleges is the higher secondary certificate examination (science stream) taking physics, chemistry, biology, mathematics 10 + 2 education pattern conducted by either the gujarat higher secondary education board or the central board of secondary education, new delhi from any of the recognised institutions located in the state .....Tag this Judgment!
Court : Gujarat
Reported in : (1980)2GLR79
..... in such manner and by such authority as may be prescribed.the only important section, of the act acquired to be noted is section 13 which empowers the central government to enact necessary rules to carry out the object of the act. section 13(2)(i) empowers the central government to make rules to provide for removal or discharge ..... , or for making any statement false to his knowledge in his application for enrollment as a cadet or appointment as an officer, or he is found medically unfit for further service, or for his ceasing to be a member of the staff of or on the roll of the college or school, as ..... and which he knew to be false or did not believe to be true'(c) that his services are no longer required;(d) that he is medically unfit for further service;(e) that in the case of an officer, he has been permitted to resign his commission:(f) that he ceases to be ..... october 1, 1967. it appears that he was selected for the grant of commission in ncc by the government of india under section 9 of the national cadet corps act, 1948 (hereinafter called 'the ncc act' for the sake of brevity) read with rule 21(5) of the national cadet corps rules, 1948 (hereinafter called 'the ..... government of india's letter of 21st december, 1963 on which the respondents rely in support of their contentions.8. section 3 of the ncc act provides for the constitution of the national cadet corps. section 5 enjoins that there would be three divisions of the corps namely:(i) the senior division the recruitment to which .....Tag this Judgment!
Court : Gujarat
Reported in : 2003(87)ECC672; (2002)4GLR3153
..... the schedule to the indian medical degrees act, 1916 (7 of 1916), or notified under section 3 of that act or by an authority specified in any of the schedules to the indian medical council act, 1956 (102 of 1956).' 7. on a bare reading of section 102 and section 103 of the said act it would clearly reveal that so far as section 102 of the said act is concerned, a person to ..... proceedings stand vitiated for having not observed the provisions made in section 102 of the said act. it has also been argued that even at the stage of section 103 of the said act, the complainant was required to follow the provisions made in sub-sections (2), (3), (4) etc., of section 103 of the said act. it is also his argument that these provisions have not been ..... and consequently the entire criminal proceedings before the court had also vitiated.10. it is not much in dispute that the provisions made in sub-sections 1, 2, 3, 4, 5 etc., of section 103 of the said act have not been followed by the customs department. in the present case, however, the learned advocate for respondent no. 1 has argued that under sub ..... petitioner could not avail of the opportunity, which would otherwise be available to him on receipt of summons in accordance with the provisions made in sub-sections (1), (2) and (3) of section 108 of the said act.14. the learned advocate for respondent no. 1 has argued in reply that question of issuance of summons may come into play if the person concerned .....Tag this Judgment!
Court : Gujarat
Reported in : (1983)2GLR1414
..... if he so wishes during his rotating regular housemanship in the first year.'(b)...the indian medical council have framed regulations under section 33 of the indian medical councils act, 1956, which are in nature of recommendations. the pamphlet titled 'recommendations on post-graduate medical education' published by medical council of india in 1980 and as revised upto 1978 set out the various recommendations made ..... extenso so that we may be able to appreciate the rival contentions urged on behalf of the parties before us. similarly, ordinance m.s.-i and m.s.-2 provide for the different subjects in which the degree in m, s, is conferred by the gujarat university and what is the eligibility criteria for admission to post-graduate course leading to ..... gujarat university on courses of studies prescribed, inter alia, for m. d. and m.s.o.m.d. 1 and o.m.d. 2 are relevant provisions. they provide as under : 'o.m.d. 1:(a) the degree of doctor of medicine shall be conferred by examination with dissertation in the following branches:i. medicine and tharapeuticsii. pathology and bacteriologyiii. obstetrics, ..... following branches of specialty;i. neurosurgeryii. cardiothoracic surgeryiii. geni to urinary surgeryiv. plastic surgery.o. m.s.-2:(a) every candidate for the degree of master of surgery in the branches referred to in clause 'a' of ordinance 286 must have taken the degree of bachelor of medicine and bachelor of surgery of this university or any university recognised by this university .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1997Guj83; (1997)1GLR362
..... notices issued under section 18(c) and they have also prayed for issuance of appropriate writ, order or direction declaring that the pathologists are not liable to obtain any licence under the provisions of the said act.3. it is the case of the petitioners that the petitioners nos. 1 to 4 are registered medical practitioners possessing necessary medical degrees carrying on the ..... scope to the legislative intention it would be just and proper to hold that human blood is 'drug'.conclusions on question no. 2 would the activities carried on by the petitioners-pathologists fall within the definition of 'manufacture' as defined in section 3(f) so as to attract 'licence' provisions?24. the question squarely arises for consideration because of provisions of ..... act enacts 'definition clause' which defined various words and phrases used in the act.7. section 3(b) defines 'drug' as under:' 'b' 'drug' includes - (i) all medicines for internal or external use of human beings or animals and all sub-stances intended to be used for or (in the diagnosis, treatment), mitigation or prevention of disease in human beings or animals; and (ii ..... and 33 of the said act, 1940, the central government has framed rules known as 'drugs and cosmetics rules, 1945'.19. the drugs and cosmetics rules, 1945, as amended, from time to time, assume importance in the context of the present controversy to the extent they provide for the licensing procedure. rule 2 contains definition clause and clause (h) thereof defines ' .....Tag this Judgment!
Court : Gujarat
Reported in : (2000)2GLR1684
..... advanced at the bar.12. the gujarat university has framed rules governing admission to post-graduate degree and diploma medical courses other than m.ch and d.m. at the medical colleges affiliated to it in exercise of powers under section 39 read with section 32 of the gujarat university act, 1949. we may mention that in dr. vikram k. shah & ors (supra) the ..... petitions, which are filed under article 226 of the constitution, relates to admission to post graduate degrees and diploma medical courses at the medical colleges affiliated to (i) gujarat university, ahmedabad, (ii) maharaja sayajirao university, baroda, (iii) saurashtra university, rajkot, and (iv) south gujarat university, surat.2. special civil application no. 5607/96 is filed as public interest litigation by an association ..... dr. narayan sharma and anr. v. dr. pankaj kr. lehkar and ors. air 2000 sc 72, the supreme court considered the question whether sub-rule (ii) of rule 4 of assam medical colleges (regulation of admission to post-graduate courses) rules, 1997 providing for reservation of 4 seats for candidates recommended by north estern council was valid or not. ..... any other university located in gujarat state and not completing any post-graduate course, will be considered after selection of candidates in the merit list as per rule 4.2. it further provides that before a candidate graduating from any other university located in gujarat state and not completing any post-graduate course is considered after selection of .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1991Guj107; (1991)1GLR259
..... the learned advocate for the petitioners requested the court to consider the conflicting demands of (i) medical graduates of 'regular' 'batch passing their degree examination at the end of the regular terms, (ii) other graduates of 'casual' batch who for some reason were unable to pass the degree examination in the regular course; and (iii) students of reserved category to be admitted as ..... other two submissions are concerned, they relate to the interpretation of the regulations annexure-a. in the context of these regulations, it would be necessary to look at the definition of 'postgraduate teacher' given by the medical council of india in clause (6) of recommendations on the qualification required for appointment of persons to the posts of teachers in ..... of the indian medical council act, 1956. the respondent no. i has also, by filing an affidavit, placed on record the rules framed by the m.s. university, baroda, contained in the resolution passed ..... the petitioners themselves have produced the above recommendations at annexure-a and they have submitted that they contain the rules framed by the medical council of india for the postgraduate medical education under s. 33 of the indian medical council act. the printed copy of these recommendations annexure-a contains an endorsement that the recommendations are approved as 'regulations' under s. 33 .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1991Guj23; (1990)2GLR350
..... conducted by the central board of school education. they and some of the petitioners of special civil application no, 8649 / 89 are not now seeking admission to post-graduate degree/diploma medical courses, but they have approached this court as the new rules will affect them adversely and because validity of new rules is challenged by others and whatever is decided in ..... of the constitution.32. it was lastly urged by mr. vakil , learned counsel appearing for the petitioner in special civil application no. 410 of 1990 , relying upon rules 2.0, 2. 1 and 2.2. that the university and the selection committee add entire number of unused balance of 25% all india seat to 3/4th seats for which selection is to be done ..... mysore v. gopala gowda, air 1965 sc 1932, it observed, while interpreting the regulations framed by the academic council, that the power conf erred on it by the mysore university act to control and generally regulate teaching courses, of studies to be pursued and maintenance of the standards thereof, is extended not merely to prescribing minimum qualifications for admission, course of ..... be regarded as irrational or arbitrary. the object of the rules is to secure admission to post-graduate medical course to best talents and the broad-based standard which is now fixed by the university for judging the eligibility of a candidate has definitely a rational nexus with the object sought to be achieved. if performance of a student is consistently good .....Tag this Judgment!