Court : Karnataka
Decided on : Jul-27-2009
Reported in : 2009(6)KarLJ547; ILR2009(4)Kar4505; 2009(6)KLJ547
..... the respective places of their posting in the state. the state government has published the rules called karnataka conduct of entrance test for selection and admission to post-graduate medical and dental degree and diploma courses rules of 2006, (hereinafter referred to as 'the rules of 2006' for short) for conduct of entrance test to the admission to post graduate ..... of service should be selected.6. the state government has promulgated the rules of 2006 in exercise of the powers conferred by sub-section (1) of section 13 of the karnataka educational institutions (prohibition of capitation fee) act, 1984. rule 2(h) of rules of 2006 defines 'merit' as the merit determined on the basis of marks secured in the entrance test. ..... . the petitioners applied for entrance test as in-service candidates for admission to post-graduate courses in karnataka for the academic year 2009-10. the 2nd respondent - director, medical education department, bangalore, forwarded the applications of the petitioners to the 5th respondent-rajiv gandhi university of health sciences and consequently, the university issued admission tickets to the petitioners ..... ) 7 scc 83, has held that having regard to the post graduate medical education regulations, 2000, made by the medical council of india, where there is more than one university in a state awarding mbbs degrees, it is necessary that eligibility for admission to post graduate courses in medical sciences should be decided on the basis of an entrance test and even .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-01-2009
Reported in : ILR2009KAR3135; 2009(5)KarLJ228:2009(4)KCCR2465
..... shall exercise general supervision and control over the affairs of the university. he shall exercise all powers necessary for the due maintenance of discipline in the university. sub-section (2) of section 13 of the act further clarifies that the vice-chancellor, may, if he is of the opinion that the immediate action is necessary on any matter, exercise any power conferred on any ..... of the vice-chancellor to bring an amendment to the ordinance was in the wider interest of the system of education touching the medical field. the vice-chancellor, in order to genuinely bring seriousness in studies relating to medical field, seems to have issued the impugned notification/ordinance. but the procedure adopted by the vice-chancellor to bring amendment to the ..... of the university;(c) conditions under which students shall be admitted to the courses of study leading to degrees, diplomas and other academic distinctions of the university;(d) conduct of examination of the university and the conditions under which students shall be admitted to such examinations;(e) manner in ..... amend or repeal the same.(2) subject to the provisions of this act and the statutes, the ordinance may provide for the following matters, namely:(a) admission of the students to the university and its affiliated colleges and the levy of fees for admission to the university, colleges and university laboratories;(b) courses of study leading to degrees, diplomas and other academic distinctions .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-16-2009
Reported in : 2009(4)KarLJ505; 2009(5)AIRKarR29
..... homeopathy systems was not recognised and it was an unrecognised system of alternative medicine, as declared by the expert committee under the chairmanship of director general, indian council of medical research and on the basis of the said committee, government of india issued an order dated 25.11.2003 not permitting electro homeopathy and not recognising the said system as ..... at dharwad is one of them. the second petitioner has been a student of the said college and has completed his course in 1994. the petitioner was given bachelor degree of electro homeopathy medicine and surgery (for short 'bdehms). similarly, several other persons have undergone the course in the said college and other colleges, have been given the same ..... are about 40 colleges through out the state of karnataka working since 1992 to 1998 granting such certificates. the first petitioner is an association registered under the karnataka societies registration act. the second petitioner is the president of the first petitioner-association. it is further averred that electro homeopathy is an alternative system of medicine, which has a history of ..... dispose of one way or the other in accordance with law. accordingly, disposed of the writ petition with the above said observations. being aggrieved by the said order dated 28.2.2008, the writ petitioners have preferred this appeal.4. we have heard the learned counsel appearing for the appellants and the learned government advocate appearing for respondents.5. learned .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-03-2009
Reported in : 2009(4)KCCR3068.
..... and there are no aided colleges in the state of karnataka. the total seats available in the government dental college to the post graduate degree and diploma course is 21, out of which 10 seats are reserved to be allotted under all india quota and the remaining 11 seats ..... the consensual agreement.12. it is also important to notice here that very rarely very few disabled persons successfully face challenges of life and obtain degrees and aspire for the post graduate professional course. in order to provide opportunities in higher education to these deserving disabled persons, it is necessary ..... that there are no aided dental colleges in the state of karnataka. the total seats available in the government dental college to the post graduate degree and diploma course are 21. out of 21 seats, 10 seats are reserved to be allotted under the all india quota. remaining 11 ..... reasons, i pass the following older.i) writ petition is allowed in part.ii) state government is directed to follow the provisions contained under section 39 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 and earmark 3% seats for the 'physically handicapped' persons out of ..... admittedly this exercise is not done.15. unfortunately admission to the post graduate degree and diploma courses have been completed on 31.05.2009. the calendar of events is fixed pursuant to the judgment of the apex court in medical council of india v. madhu singh and ors. : (2002) 7 s. .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-29-2009
..... .9.2009 addressed to the administrative officer of the kea, wherein it is indicated whether k.s. hegde medical academy has been disaffiliated from the rghus or not. the contention urged by the learned sr. counsel placing reliance upon section 2(a) of the act regarding the definition of affiliation has to be read along with the statutes framed by the senate of the rguhs ..... . section 2(a) of the act reads thus:affiliated college' means a college or institution situated within the university area and affiliated to the ..... of the deemed university.35. with regard to the disaffiliation of the medical college of the nitte university as per the condition incorporated in the notification issued by the central government, it is contended by the learned senior counsel that section 2(a) of the rguhs act, 1994 defines 'affiliated college' as 'a college or institution affiliated to the university in accordance with the .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-22-2009
Reported in : 2009(2)KarLJ702
..... .12. with the risk of repetition, we extract the same as hereunder:.the state authorities should not hesitate to apply the provisions of the essential services maintenance act, 1994, if necessary by treating the medical services to the person in real need to be an essential service.13. it is well-settled law that the government servants have no right to go ..... the above direction, the matter is posted for further hearing today.8. we heard sri puttige ramesh, learned counsel for the petitioner in w.p. no. 14279 of 2008, sri section vasudeva, party-in-person, in writ petition no. 14285 of 2008; smt. niloufer akbar, learned additional government advocate for respondents 1 to 3; sri n. khetty, learned counsel for mci ..... accepted. the demands to that extent should be accepted immediately without loss of time to prevent an ugly situation. all unreasonable demands should be turned out with an iron hand.2. in case the interns were to strike work by abandoning their duties in the hospitals, their internship should get extended automatically by a total period equal to the period for ..... d. dinakaran, c.j.1. since common questions arise for consideration in both the cases, they are heard together and by consent, they are taken up for final disposal.2. these public interest litigations are filed seeking appropriate writ or direction to the state of karnataka to take immediate action to put an end to the strike by doctors working .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-09-2009
Reported in : 2009(2)KCCR1288; 2009(4)AIRKarR13; AIR2009NOC1959
..... of haryana v. jasbir kaur : air2003sc3696 , the supreme court has observed as follows:7. it has to be kept in view that the tribunal constituted wider the act as provided in section 168 is required to make an award determining (lie amount of compensation which is to be in the real sense 'damages ' which in turn appears to it to ..... filed the claim petition briber the tribunal. the tribunal has awarded compensation under the following heads:a) rs. 25,000/- towards pain and sufferingb) rs. 27,000/- towards medical expensesc) rs. 2,800/- towards other expensesd) rs. 55,640/- towards loss of earning during (he period of treatmente) rs. 20,000/- towards his disability.it is further held that ..... the disabilities are classified as follows:a) visual impairmentb) locomotor/orthopaedic disabilityc) speech and hearing disabilityd) mental retardatione) multiple disabilitiesthe above are defined and categorised according to the degree or percentage of disability. minute details as to the manner in which the particular disabilities are to be assessed are provided. these include ready-reckoner tables and formulae for ..... to assess the disability suffered by an individual with reference to his particular avocation, geographical location, educational background, family conditions and such other factors. the evidence of a medical practitioners as regards the physical impairment is thus limited in scope, its consequence on the avocation or activity of a claimant are matters which are to be established at .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-03-2009
Reported in : ILR2009KAR3641; 2009(6)KarLJ557
..... who me running their hotels/restaurants/refreshments/canteens etc. the said restriction imposed is uniformly applied to ail the places of public entertainment as defined under sub-section (15) of section 2 of the karnataka police act stating that, they shall remain open from 06:00 to 24:00 hours, i.e. from 8 a.m. to 12.00 midnight and ail the places ..... the places of public entertainment including the chain of hotels of petitioner. the second respondent has ordered that all the places of public entertainment as defined under section 2 sub-section (15) of the karnataka police act, 1963 shall remain open from 06:00 to 24:00 hours only (i.e. from 6 a.m. to 12 midnight) and all the places of ..... the submission made by learned senior counsel for petitioner that as per notification dated 12th august 1987 issued by the state of karnataka, the shops and commercial establishments such as medical shops, clubs, hotels supplying meals, loading and unloading lorry transport organizations, petrol banks and cinema theatres were exempted from the restriction imposed that they shall not be opened earlier than ..... my specific attention to clause (4) of the same wherein, it is stated in a crystal clear manner that, the restriction made in the said notification shall not apply to medical shops, clubs, hotels supplying meals, loading and unloading lorry transport organizations, petrol bunks and cinema theatres and therefore the reliance placed by learned senior counsel appearing for petitioner cannot be .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-26-2009
Reported in : ILR2009KAR2938:2009(6)AIRKarR227
..... .50 paise.28. to appreciate the contentions raised by the learned senior counsel for the petitioners, it is useful to refer to few of the provisions of the act section 2 clause (d) of the act defines 'cost of living index number', which reads as under.(d) 'cost of living index number', in relation to employees in any scheduled employment in reaped of which ..... to be the cost of living index number applicable to employees in such employment.an authority determines living index number applicable to different employment wage is defined under section 2 clause (h) of the act, which reads as under(h) 'wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express ..... merely for the bare subsistence of life but for the preservation of the efficiency of the worker. for this purpose, minimum wage must also provide for some measure of education, medical requirements and amenities. pair wage stands on little higher pedestal. thus, the minimum wage is not mr. wage, but it is one for preservation of efficiency of a worker. needs ..... by the nature of his employment; or(v) any gratuity payable on discharge.no doubt, there is no definition of minimum wages. obviously, the minimum wages cannot be defined, it has to be determined depending upon the various circumstances and class of employment section 3 deals with fixing of minimum rate of wages. it mandates that the appropriate government shall fix the .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-27-2009
Reported in : 2009(6)KarLJ538:2009(4)AIRKarR170(D.B)
..... during service is able to do any other job in the establishment as the said provision under rule 38(4) clearly provides that the medical authority should also certify as to whether the government servant is fit for further service of less labourious character than that which he provided lower ..... 1.8. the learned counsel for the writ petitioners submitted that the applicant-respondent 1 herein himself has made an application along with the medical certificate seeking for invalid pension and the order has been passed in compliance with rule 38 of the pension rules and the cat was not ..... dr. p. chowdappa, the then head-in-charge of the station. based on the said explanation the applicant's case was referred to the medical board, victoria hospital, bangalore and obtained opinion 'not fit to be continued in service' and vide office order dated 23-1-2007 the applicant ..... the cat being aggrieved by the order dated 23-1-2007 wherein the applicant was relieved from service granting disability pension on the ground of medical disability. respondent 1 herein was working as a security supervisor and he joined service on 5-12-1991 in the office of the second ..... 2)(a) of the pension rules.14. the material on record would clearly show that there is non-compliance with rule 38 of the pension rules. further, the provisions of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (hereinafter called as the 'act of 1995') has also not been followed. section .....Tag this Judgment!