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 : Supreme Court of India
Reported in : AIR1992SC932; JT1992(4)SC422; 1992(1)SCALE332; 1993Supp(1)SCC594; 1SCR643; 1992(2)LC378(SC); (1992)2UPLBEC1288
..... ratio dr. sanjay agarwal was directed to be admitted in the post graduate degree course in anesthesia in gorakhpur medical college in his writ petition. the state filed the appeals against these judgments.3. [section 28(5) of the u.p. universities act 10 of 1973, as amended by the act 15 of 1980, the later came into force from january 1, 1979,] ..... up to seven days for reasons shown and grounds recorded in special cases. the courses of study shall commence in every institution providing such study throughout the country from may 2. notification announcing examination, publication of results and allotment of place of admission (keeping preference in view and our directions regarding preference of candidates) shall be published in two ..... . therein it was further stated that:1. for admission to postgraduate courses, the competitive examination shall be organised on the pattern of all india institute of medical science or university college of medical science.2. this examination shall have 100% objective type questions. the eligibility criteria for admission to postgraduate courses shall be 50% minimum qualifying marks for candidates of general ..... in postgraduate courses due to their failure to secure minimum 5(3% qualifying marks in the entrance examination. assailing the denial thereof, offending articles 14, 15(1) and 29(2) of the constitution they filed the writ petitions. in the case of first two doctors, by a common judgment dated august 24, 1991, the high court allowed the writ .....Tag this Judgment!
Court : Allahabad
Reported in : 2002CriLJ1218
..... have to be looked into are as under :u. p. acts (1) the united provinces medical act, 1917 ( u. p. act no. iii of 1917) (2) the united provinces indian medicine act, 1939 (u. p. act x of 1939) central acts (1) indian medical degrees act. 1916 (act no. vii of 1916) (2) indian medicine council act. 1956 (act no. 102 of 1956) (3) indian medicine central council act, 1970 (act no. 48 of 1970) (4) homoeopathy central council ..... of degree or diploma or certificate in ashtang, ayurveda, siddha or unani tibb is not included in the schedule and he cannot get his name entered in the register of medical practitioner which is maintained under this act as the schedule refers to only allopathic qualification.14. now we come to most important enactment namely, the indian medical council act, 1956. section 2 of the act gives that definition ..... act, 1973 (act no. 59 of 1973) (5) drugs and cosmetics act. 1940 (act no. 23 .....Tag this Judgment!
Court : Delhi
Reported in : 1996IIIAD(Delhi)533; 1996(38)DRJ177
..... regard to the fact that the medical degrees granted by the aiims are recognised medical qualifications for the purpose of the act and more so when master of dental surgery - orthodontist (mds ortho) has been included in the schedule to the act as recognised dental qualification within the meaning of section 2(j) of the act,the provisions of section 3(d) of the act should be liberally construed so ..... schedule to the act, we feel that it is a fit case where the doctrine of reading ..... in under-graduate and post-graduate medical education, which includes establishment of dental college for the purpose of dentistry and for the practical training of the students in those branches of medical education; and above all the recognition of the post-graduate decree awarded by the aiims as recognised dental qualification as defined in section 2(g) of the act by its inclusion in the ..... purpose of section 3(d) of the act. we are of the view that if section 3(d) of the act is given literal and narrow interpretation it would be contrary to the apparent purpose for which the act was enacted. there seems to be no reason why the expertise of the aiims, which imparts post-graduate training and degree in this branch of medical science, .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(2)ALD8
..... , which has become final, shall be confined only to the petitioners herein who obtained medical degrees from imtu, tanzania.22. the learned counsel for the 1st respondent - medical council of india while relying upon the provisos to sub-section (4) of section 13 of the act as amended by act no. 34 of 2001, with effect from 3-9-2001, further contended that it ..... the first schedule and which are included in part-i of the third schedule shall also be recognised medical qualifications for the purposes of the act as provided under section 13(1) of the act. part-ii of the third schedule contains the medical qualifications granted by medical institutions outside india prior to the date specified by the state government and as per sub ..... -section (3) of section 13 the same shall also be recognised medical qualifications for the purposes of the act. however, the persons possessing ..... training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification; or(ii) increase its admission capacity in any course of study or training (including a postgraduate course of study or training),except with the previous permission of the central .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1999Kant483; ILR2000KAR63
..... purpose as the mci deems necessary to carry out the purposes of the act. fixation of admission capacity of a medical college in terms of explanation ii to section 10-a of the mci act, needs to be done by the mci and, therefore, in terms of section 9 of the mci act, it had the competence to entrust the task of ascertaining the admission ..... inspectors and, after ascertaining the available infrastructures and facilities available in the colleges, fixed the admission capacities of the respective colleges for the academic year 1996-97 both for degree and diploma courses and the same was communicated to the colleges as well as the affiliating university. the petitioner-college was communicated of mci's decision under letter dt. ..... in order to ascertain their permissible intake in 'terms of the medical and dental council acts. on receiving the said informations from the colleges concerned, and those furnished by the mci and the dci, the universityprepared a statement in respect of each of the medical/dental colleges conducting post-graduate degree and diploma courses. this statement was placed on record on 6 ..... -12-1996 along with the personal affidavit of the registrar of respondent-university. the copies of the said statement was made available to all the concerned medical colleges. but, curiously, before the said report .....Tag this Judgment!
Court : Karnataka
Reported in : 2007(6)KarLJ620; ILR2007(4)Kar4069; 2007(6)AIRKarR190
..... counsel appearing for the petitioners. section 21 of the act contemplates as to what are the qualifications for registration as medical practitioners under the act. a perusal of the said provision clearly indicates that the requisite qualification for registration is that he must possess a qualifying examination. qualifying examination would necessarily mean that he must possess a degree or a diploma in the ..... state council of ayurvedic and unani medicines is produced at annexure-b. the said certificate would relate to petitioner 3. the petitioners gave an application to respondent 2 to register them as medical practitioners in the field of ayurvedic. their applications for registration was rejected, as against which the petitioners preferred an appeal before the board. since, the appeal ..... j. gunjal, j.1. mr. b. veerappa, high court government advocate is directed to take notice for respondents 1, 3 and 4.2. the first petitioner is an association registered under the karnataka societies registration act, 1960. the other petitioners are practicing in the field of siddha, ayurveda, unani and homeopathy systems of medicines in various places in the ..... board to dispose of the appeal within a period of eight weeks. the board pursuant to the order dated 15-2-2006, dismissed the appeal holding that the petitioners are not qualified for being registered as practitioners under the act. the said order passed by the board is questioned in this petition. the impugned order is at annexure-h. .....Tag this Judgment!
Court : Kerala
Reported in : AIR2003Ker188; 2003(1)KLT520
..... the notification issued by the government of west bengal. even a report lodged by the sub inspector of police, under sections 417 and 420 of the indian penal code read with section 5 of the indian medical degree act, 1916, sections 30 and 31 of the bengal medical act, 1914 etc., was under challenge. the factual position in that case was totally different from the present set of cases ..... . p8).14. so far as this aspect of the matter is concerned, it deserves notice that the conditions of eligibility forregistration etc., have been laid down in section 23. under clause (1) sub-clause (ii) even persons who have been practising for a period of five years preceding the first day of april, 1953 were made eligible for registration. still further, in ..... the proviso, it was laid down that 'no practitioner shall be registered under clause (ii) after the expiration of one year, or such other longer period as may be fixed by the government.' the obvious implication was that the application for registration on the basis ..... not fulfil the prescribed qualifications and are not duly registered under the relevant statute be permitted to practise as vaidyas?' this is the core of the controversy in this case.2. we have a bunch of 46 petitions. out of these, o.p. nos. 27784 and 21923 of 2002 form one part and the remaining 44 petitions constitute the second part .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR2004MP159
..... which we are concerned in the instant case as pathological laboratory technician is covered by item no. 4 of the schedule. 'recognised paramedical qualification' is defined under section 2(d) of the act to mean a degree, diploma or certificate in any paramedical subject, granted by any university established by law or any other institution recognised by the state government in this behalf. it ..... in the state and to regulate the practice by para medical practitioners and paramedical education. 'paramedical' is defined under section 2(b)(i) of the act. 'paramedical' means any personnel qualified in paramedical subject and who helps in teaching or practice of medicine within the meaning of clause (i) of section 2 of the indian medical council act, 1956 with which we are concerned in the instant case ..... . section 2(c) defines 'paramedical subject' to mean the subject mentioned in the schedule. schedule as mentioned in section 2(c) provides for 'laboratory technicians' (various types) and other technicians required for other works are .....Tag this Judgment!
Court : Delhi
Reported in : 2000IVAD(Delhi)519; 85(2000)DLT579; 2000(54)DRJ78
..... for selection.'6. learned senior counsel further submitted that as per the relevant regulation of mci also, which are framed by it in exercise of powers conferred by section 33 of the indian medical council act, 1956, no such condition is stipulated. reliance is placed on para 3 of schedule 1. scedule 1 stipulates the norms which every appointing authority, before making appointment ..... relevant portion of the appointment letter dated 5th may, 1999 issued y respondent no. 2 reads as follows:-'this offer appointment is subject to production of documentary proof that your p.g. degree md (radio) is recognised by medical council of india.'10. since admittedly the petitioner's degree was not recognised by mci, she was not eligible for appointment. it was also ..... service on the post of senior resident was extended up to 14th may, 1999.3. after the result of the interview was declared, respondent no. 2 asked the petitioner to produce proof that her post graduate degree was recog-nised by medical council of india (hereinafter referred to as mci, for short). petitioner replied to the same stating that recognition of post graduate ..... of he respondents is clearly bad in law; in asmuch as: (i) as mentioned above, this condition of having pg degree/diploma from recognised university cannot be imposed in the cases of petitioners at this stage after their appointment. (ii) in terms of clause-10 of the appointment letter, the relevant considerations re the satisfactory work and conduct for renewal of .....Tag this Judgment!