Court : Orissa
Reported in : 1991(I)OLR134
..... by him.2. admittedly the degree obtained by the petitioner has not been included in the first schedule appended to the medical council act. section 11 of the indian medical council act contains provision relating to recognition of medical qualification granted by universities or medical institutions. such medical qualifications which are included in the first schedule are to be recognised as medical qualifications for the purposes of the act. sub-section (2) provides that ..... any university or medical ..... institution desirous of granting medical qualification not included in the first schedule might apply to the central government to have such qualification recognised whereupon the central government after consulting the council may by notification amend the first schedule so as to include such qualification therein. admittedly, the m. d. degree in t. b .....Tag this Judgment!
Court : Orissa
Reported in : AIR1981Ori97; 51(1981)CLT305
..... be obtained in universities or medical institutions for grant of medical qualifications. m.d./m.s. degrees are recognised degrees in medical qualification. in exercise of such regulation-making power, the medical council of india formulated recommendations on post-graduate medical education which were approved by the government of india and thus became regulations within the meaning of section 33 of the act. up to 1977-78 ..... subject of study for a period of at least one year in an institution recognised for the purpose by 31-5-1980.(2) ... ... ... ... ... ... ... ...'the indian medical council has prescribed the specialities in which m. d, and m. s. degrees can be taken. at page 9 of the regulations, clinical subjects have been denned as general medicine, general surgery and specialities ..... subjects assigned to them and to have their names registered under the universities for submitting their theses.2. the pleadings relevant for disposal of the writ application advanced by the petitioners are these :--(i) under section 33 (j) of the indian medical councils act (102 of 1956), power has been vested in the council to frame regulations prescribing the courses ..... so that as soon as they completed the housemanship of one year, they could have, in case they qualified, taken admission within the time limit prescribed by regulation 2-a. cancellation of the notice under annexure 10 has now made it impossible for them to take the examination contemplated by the prospectus of 1979-80.3. in the .....Tag this Judgment!
Court : Orissa
Reported in : 96(2005)CLT363
..... are, (i) whether in view of the provision of section 2(t) and section 39 of the disabilities act, it is permissible for the medical council to stipulate that persons suffering from 50 to 70% disability only shall be entitled to the benefits of statutory reservation for physically handicapped or persons with disability and (2) whether such degree of disability could only be confined to locomotor disability ..... 6 thereof.12. it is submitted by the medical council that the rationale behind the upward revision from 40-60 ..... ) of the act read with rule ..... the medical council in purported exercise of its powers under section 19(a) of i.m.c. act as an expert body in the field of medical education could legitimately take a decision in fixing a higher degree of disability for a person to be eligible to apply for the concession or benefits admissible under schemes of the government, contrary to the mandate in section 2(t .....Tag this Judgment!
Court : Orissa
Reported in : AIR1994Ori251; 78(1994)CLT1040; 1994(I)OLR353
..... and union territories to extend the medical facilities to the high court judges retiring from one high court of a state and settled down in another state in terms of sub-section (2) of section 23d of the high court judges (conditions of service) act, as amended by the amendment act of 1976. but the state of ..... central government from time to time. it has been further averred that under sub-section (2) of section 23d, though a retired judge of a high court for a state may avail for himself and his family any facilities for medical treatment which the government of that state may extend to him, yet the ..... no justification on the part of the executive government to deny the statutory entitlement of a retired judge of a high court to receive medical facilities under section 23d of the act merely because he docs not reside in any one of the 15 cities where the c.g.h. scheme is in operation. ..... in cities other than the 15 cities where c.g.h. scheme is in operation are denied of their right to receive the medical aid engrafted in section 23d of the act, not because of any legislation, but because of the executive decision and thereby the executive decision in question denies the privileges to ..... under section 23d of the high court judges (conditions of service) act, is the union government entitled not to confer the same on those judges residing beyond the 15 cities where the c.g.h. scheme is in operation by an executive decision?(ii) whether the decision of the government to provide the medical .....Tag this Judgment!
Court : Orissa
Reported in : AIR1952Ori318
..... is free to give evidence on his own behalf by means of an affidavit.12. in this connection, the definition of the word 'manager' in section 2(9) of the indian companies act, as well as begulations 71 and 82 in appendix 'a' to the said act have been brought to our notice and pressed into service. regulation 71 shows that 'the business of the ..... on a number of previous occasions and was therefore likely to be repeated and that it would consequently raise a serious problem, by way of the non-recognition of the medical degrees of the utkal university. it is necessary to emphasize in this context that the judgment has not in terms declared the students concerned to have passed. the concluding and operative ..... , it is stated to be that in view of the fact that the medical degrees of the utkal university have not yet been recognised by the other universities or by the medical council is still under consideration, the other . universities and the medical councjl of india might refuse to recognise the degree of the utbal university when students have been allowed to pass by the ..... a more direct and serious problem, namely, as to the value of the medical degrees of the utkal university abroad.4. it is insinuated that the particular students secured their passes by improper interference by the high court and it is asserted that the other universities and the medical council and the public are likely to prefer the verdict of the syndicate to .....Tag this Judgment!
Court : Orissa
Reported in : AIR1998Ori205; 86(1998)CLT224; 1998(II)OLR168
..... other experience. there should be no necessity for the diploma being pre-requisite qualification for admission to post-graduate courses. there shall be no reservation for admission to post-graduate medical degree/diploma course under any category.' 10. in, state of n.p. v. kumari nivedita jain, (1982) i scr 759 : (air 1981 sc 2045) 19% of the seats for various categories ..... earth, and if an advocate fails a person goes six feet above the earth. the falling standards in the field of medical education have been highlighted. it is stated that in equipped doctors are being produced by the medical colleges. without any definite material in that regard, we are not inclined to express any opinion. however, desirability of having competent and equipped doctors ..... in respect of those who are deficient and cannot compete on merit. in these cases prayer in instant writ petition filed in public interest is to give reservation for merit.2. a brief reference to the factual aspects would suffice. o.j.c. no. 3867 of 1997 has been filed by a learned counsel of this court praying for a direction ..... the candidates belonging to these reserved categories could not be supported under article 15(4) being violative of the regulations framed by the medical council.the apex court, on appeal after referring to the provisions of the indian medical council act reversed the decision of the high court and held at page 2056; of air:'regulation i prescribes the eligibility of a candidate .....Tag this Judgment!
Court : Orissa
Reported in : AIR2002Ori7; 92(2001)CLT753
..... has framed certain guidelines/recommendations for prosecuting postgraduate medical education. such recommendations are issued in consonance with the provisions of section 33 of the medical council act, 1956 andthe same are binding. the medical council of india is an expect body created under the medical council act, the medical council is constituted to prevent sub-standard education in medical course, as has been observed by the ..... the persons who have not completed rigors of training prescribed for entitling them to obtain the degree. this court while directing change of faculties, had never directed that they should be conferred with p. g. degrees in medical education without completing the mandatory period of training.6. be that as it may, it appears that these two students have adopted ..... writ application was disposed of with a direction to the authorities to permit the petitioner and dr. jena to change their respective subjects in consonance with their application dated 17-2-99. in consonance with the said direction, on 17-9-99 the petitionerwas permitted to take admission in the department of surgery and similarly. dr. a. jena, ..... follows :1. m. d./m. s.from the year 1993 onwards, the minimum periodof training for obtaining these degrees shall be three calendar years and the candidates can be admitted to this training after their full registration with the medical council (s). no exemption shall be given from this period oftraining of 3 years either for doing houseraanship or .....Tag this Judgment!
Court : Orissa
Reported in : AIR1975Ori155
..... of the endorsement that theprincipal could proceed to make admissions. the case was one of legal or equitable estoppel which satisfied practically almost all the conditions embodied in section 115 of the evidence act. a mandamus was, therefore, ordered to issue to the university of madras and to the principal of the college to forbear from preventing the petitioner to complete his ..... of studies from which she had withdrawn half-way. we would agree with learned additional government advocate that if there had been a statutory prescription in regard to admissioninto the medical college and the petitioner was wanting any of these requirements, there might have been some force in his submission that estoppel may not operate. admittedly, petitioner has all the ..... the intimation, he obtained his discharge from the college after paying the full-term fee and on the same day he paid the requisite fee and obtained admission in the medical college. three days thereafter he was communicated cancellation of admission by the selection committee on the ground that the marks obtained by the petitioner in the qualifying subjects were less ..... the said college on the footing that she has been validly selected as per the intimation given to her on 21st of september, 1974 under annexure 5. 2. the petitioner passed the 1st year degree (science) examination of the utkal university with physics, chemistry and biology as group subjects and during the 1974-75 session was studying in the 4th year b .....Tag this Judgment!
Court : Orissa
Reported in : 89(2000)CLT121; 1999(I)OLR485
..... evidential standard of proof beyond reasonable doubt. though this standard is a higher standard, there is, however, no absolute standard. what degree of probability amounts to proof is an exercise particular to each case. referring to of probability amounts to proof is an exercise the ..... account would require a careful independent assessment and evaluation for their credibility which should not be adversely prejudged making any other evidence, including medical evidence, as the sole touchstone for the test of such credibility. the evidence must be tested for its inherent consistency and the inherent ..... kumar barik (hereinafter referred to as the 'accused') has been convicted by the learned sessions judge, keonjhar for commission of offence punishable under section 302 of the indian penal code, 1860 (in short, 'ipc') for allegedly having committed homicidal death of fakir charan barik (hereinafter referred to ..... be said to be dependent. in a criminal case, different pieces of evidence directed to establishing that the defendant did the prohibited act with the specified state of mind are generally dependent. a juror may feel doubt whether to credit an alleged confession, and doubt ..... as the 'deceased'). he was sentenced to undergo imprisonment for life.2. background facts as presented by the prosecution essentially are as follows :deceased was the nephew of the accused. houses of the accused and .....Tag this Judgment!
Court : Orissa
Reported in : AIR1996Ori220
..... -1993 was modified to the extent that (a) a person having the requisite qualification may apply for running a medical store in government hospital; (b) a person to be considered eligible for the purpose shall be a registered pharmacist either with a degree or diploma in pharmacy. but a person who can engage a pharmacist irrespective of whether he himself is a ..... noticed that the advisory committee consisted of the husband of opposite party no. 5, who is opposite party no. 6. in the advisory committee meeting opposite party no. 6, who acted as chairman being the member of legislative assembly (m.l.a.) of the area, managed to push through his wife's case and influenced the authority concerned to issue necessary ..... -1993 and 26-5-1993 and the order dated 9-11-1993 were made operative to medical stores to be opened in the community health centres. again vide office order dated 26-2-1994 instructions were issued in partial modification of the government order dated 4-2-1994, and it was laid down that since the community health centres do not have required ..... or not may be considered; and (c) an unemployed person having previous experience of running a medical store shall be given preference. subsequently by office order dated 4-2-1994, government in health and family welfare department decided to run one day and night (24 hours) medical store in each of the community health centres of the state. accordingly instructions were issued. the .....Tag this Judgment!