Court : Supreme Court of India
Decided on : Mar-09-1988
Reported in : AIR1988SC1048; JT1988(1)SC569; (1988)IILLJ84SC; 1988(1)SCALE542; (1988)2SCC386; 3SCR173; 1988(1)LC706(SC)
..... particular as to the import of the term 'two years special training' within the meaning of regulation 5(2)(b) of the indian medical council regulations, 1970, framed under section 33 of the indian medical council act, 1956. we desired the indian medical council to specify the particular institution where such special training is imparted. it would be profitable to reproduce ..... , the teaching experience contemplated by rule 5 of the rules was the teaching experience gained by the assistant professor in the concerned speciality after obtaining the second post-graduation degree in that speciality. the government therefore included in the penal the names of dr. g. subramanyam, dr. a. rajagopala raju and dr. soghra begum, assistant professors ..... center in the speciality concerned, shall cease to be sufficient qualification for appointment to aforesaid teaching posts from that date.provided that the requirements of possessing postgraduate degree qualification in the concerned higher speciality shall not be applicable for higher appointments in the case of existing teachers holding regular teaching posts whose appointment was initially made ..... higher than tutor in higher specialities i.e. cardiology, neurology/gastro-enterology/thoracic surgery/neuro-surgery/plastic surgery/paediatric surgery/urology, the candidates must possess post-graduate degree qualifications in the speciality concerned i.e. d.m./m.ch. after m.d./m.s. or other equivalent qualification as may be approved by the council .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-12-1988
Reported in : AIR1988SC2260; JT1988(3)SC621; 1988(2)SCALE670; (1988)4SCC247; Supp2SCR913; 1989(1)LC174(SC)
..... opposite in the context of section 13(1)(iii) of the 'act':.now, the definition of 'mental disorder' in section 4 of the mental health act, 1959, is in very wide language indeed. it includes mental illness, arrested or incomplete development of mind, psychopathic disorder, and any other disorder or disability of mind and so, for the moment to turn to medical language it clearly includes ..... response to nondeliberate but none-the-less favourable psychosocial stimuli other than specific therapeutic activity....(p. 465)(emphasis supplied)13. the reasoning of the high court is that the requisite degree of the mental disorder which alone would justify dissolution of the marriage has not been established. this, it seems to us, to be not an unreasonable assessment of the situation ..... for dissolution of marriage by the decree of divorce. the above evidence were collected in quick succession. keeping in view the above events, the reliability of the second medical certificate (ext. 3) dated 2.7.1983 has to be tested.....neither in the first certificate (ext. 4) nor in the second certificate (ext. 3) dr. g.d. shukla stated that the schizophrenia ..... abusive.dealing with this, high court noticed what according to it were certain shifts in emphasis in the two certificates exhibit 4 dated 18.5.1983 and exhibit 3 dated 2.7.1983 issued by p.w. 1. high court noticed that while the earlier certificate dated 18.5.1983 did not contain any specific reference to the severity of the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-20-1988
..... congress cannot be presumed to have codified this less-than-apparent interpretation by a mere reference to the relevant regulations. [ footnote 2/4 ] for example, a blind person, by definition, cannot see. while the rehabilitation act does not expressly recognize the absolute correlation between the qualification of seeing and the condition of blindness, it seems appropriate for an ..... disabilities, particularly dietary and smoking habits, is certainly no less voluntary than the consumption of alcohol. nevertheless, the va has expressed an unwillingness to extend the definition of willful misconduct to all voluntary conduct having some relation to the development of a disability. in justifying the exclusion of secondary organic effects of alcoholism, such ..... medical judgments" whether these men are "otherwise qualified" to receive veterans' educational benefits beyond the 10-year period. i dissent. [ footnote 2/1 ] it perhaps is worth noting that, despite much comment in the popular press, these cases are not concerned with whether alcoholism, simplistically, is or is not a "disease." [ footnote 2/2 ] section 103(d)(2)(b) of the rehabilitation act ..... at 485 u. s. 549 , 550. the degree of personal responsibility for their disability attributed to alcoholics by the va in its brief and echoed by the court in its opinion is clearly not of the magnitude contemplated by the va's general definition of willful misconduct. v section 504 guarantees eugene traynor and james p. mckelvey federal .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-06-1988
..... the tenth, third, and second circuits. [ footnote 1 ] we granted certiorari to resolve the conflict in the circuits. 484 u.s. 895 (1987). ii section 301(a) of the labor management relations act of 1947, 61 stat. 156, 29 u.s.c. 185(a), provides: "suits for violation of contracts between an employer and a labor organization representing ..... turn on any collective bargaining agreement interpretation. [ footnote 6 ] although the cause of action was not based on any specific statutory provision, the following section of the illinois workers' compensation act expresses the public policy underlying the common law development: "it shall be unlawful for any employer, insurance company or service or adjustment company to interfere with ..... , illinois. on december 5, 1984, she notified respondent that she had been injured in the course of her employment and requested compensation for her medical expenses pursuant to the illinois workers' compensation act. on december 11, 1984, respondent discharged her for filing a "false worker's compensation claim." id. at 1033. the union representing petitioner promptly ..... circuit syllabus after petitioner notified her employer (respondent) that she had been injured in the course of her employment and requested compensation for her medical expenses pursuant to the illinois workers' compensation act, she was discharged for filing an allegedly false worker's compensation claim. the union representing petitioner filed a grievance pursuant to a collective bargaining .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-23-1988
Reported in : 1989CriLJ214
..... whether the accused at the time of committing the act was of unsound mind and (ii) the unsoundness of mind was of a degree or nature which satisfied the conditions laid down in section 84, ipc, i.e.,' he was incapable of knowing the nature of the act or that what he was doing was either wrong ..... the injured, prepared his report, exhibit pz, which clearly indicates that he thoroughly examined the injured and the various documents prepared at the time of her medical examination by dr. rebela, pw. 16 and the subsequent records pertaining to her treatment. in this report while dealing with and detailing the injuries with ..... examination of the injured at any earlier stage of the case. otherwise also we are well aware that in all trials the evidence of the medical witnesses is recorded earlier than the evidence of the eye-witnesses including the injured. this as a matter of fact helps the defence to subject ..... a grouse of the fact that this witness was examined towards the end when most of the material evidence in the case and more particularly the medical evidence had been recorded in a nutshell he expressed that by itself the statement of this witness is nothing more than a tale of exaggerations. ..... thereto.9. a bare reading of this written statement indicates that the appellant has tried to depend more on his study general as well as medical to absolve himself of the crime or to raise the plea of his mental illness (maniac depressive psychosis) than to advert to factual happenings or .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-09-1988
Reported in : AIR1988SC1875; JT1988(3)SC295; 1988(2)SCALE532; (1988)4SCC514; Supp2SCR281; 1988(2)LC485(SC)
..... having been approved by the government of india and as revised from time to time, have the status of regulations under section 33 of the act. the regulations framed by the medical council of india provide inter alia for the different specialties for which pg courses in md/ms as also diploma courses ..... is a three-years' course including one year's house job. this is followed by a two-years' degree course. the two years' degree course in a medical college as prescribed by the medical council of india is a period of intensive training. a post-graduate student has not only to write a ..... . for this purpose one student should associate with one post-graduate teacher.xx xx xx xx(5) the selection of post-graduates both for degree and diploma courses should be strictly on the basis of academic merit.6. in most of the states rules have been framed by the various ..... applied aspect of the subject and a paper on the subject.(2) in all post-graduate courses, whether clinical or basic medical sciences, preventive and social aspects should be emphasised.(3) this should be a part of the examination in the degree courses as this gives training in research methodology.(4) the student ..... subjects. the examination for the pg course in md/ms consists of (i) thesis or dissertation, (ii) written papers, (iii) clinical, oral and practical examination. there are four theory papers for the post-graduate degree examination, of which one has to be on applied basic sciences. the clinical examination is aimed at .....Tag this Judgment!
Court : Karnataka
Decided on : May-24-1988
Reported in : AIR1989Kant176
..... referred to the legal adviser and after taking the opinion of the legal adviser, the university authorities could impose the penalty of withdrawal of the degree conferred on the .petitioner in terms of section 60 of the act.10. mr. prabhu made a grievance about the order of the chancellor which is produced as annexure-m in the writ petition. his grievance is ..... the fact that he had not attended enough classes to satisfy the attendance requirement shows that he must have knowingly, taken advantage of the situation in the college or sought definite advantage for himself through means which could not now be established without his co-operation. though the enquiry officer has not said in so many words that the petitioner had ..... obtained by the petitioners do ' not represent the real marks secured by them in their examinations. onthe strength of these fraudulent marks cards, the petitioners have secured admission in the medical college. the authorities have correctly taken action in cancelling their seats. the contention for the petitioners that the university has not cancelled or withdrawn the marks cards given to the ..... in the subjects in which he had failed and to clear them but he was refused permission and according to the appellant without any reason. the annual examination for part-ii was to be held on may 19, 1973 and the appellant approached the university for granting him provisional permission to appear subject to his getting permission from his employer to .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-20-1988
Reported in : 1988WLN(UC)240
..... seats was done by the government only after considering the commence-mentations of the committee appointed to suggest future policy for the pg courses in various specialities of medical science in rajasthan. that, the act of the government is only administrative action and does not call for any interference by this court in exercise of its extra ordinary jurisdiction. that the number ..... that in rajasthan about 550 students pass mbbs examination every year. the committee considered the need of the various degree courses/diploma courses and number of the pg seats required in the state. the growth and population and awarness of people towards the medical services were taken into consideration. the committee considered that there are approximately 1400 posts in teaching and non ..... is wrong and the correct position is that there are two units. mr. s.n. sharma, placed for perusal a prescription from the orthopaedic department in which seal showing unit-ii has been affixed. it is urged that even if the requirement of state of rajasthan is considered to be 300 by the committee, 375 seats should have been retained because ..... the committee and stated their case. that, it was at the recommendation of the committee that the pg seats in all medical collegee in rajasthan were reduced from 359 to 301. that, the committee considered the need of various degree/diploma courses and number of the pg seats required in the state and opined that the annual need of the pg doctors .....Tag this Judgment!
Court : Chennai
Decided on : Mar-11-1988
Reported in : (1989)ILLJ34Mad
..... the teacher. managing committee is the 'educational agency' of the school. in the act, these are different conceptuals. section 2(3) defines 'educational agency' and section 2(8) defines a 'school committee'. section 15 prescribes how a school committee is to be constituted. section 17 deals with meetings of the school committee. section 18 deals with functions of the school committee and the responsibility of the educational ..... prepared under rule 15 having not contemplated any prior approval being obtained, there is no need to comply with the requirements of section 22(1). rule 17 deals with the power to be exercised under section 22. termination on medical ground is not provided therein. assuming for the sake of arguments that clause 8 in form no. vii-a is a ..... such a provision is not found, but on principles of natural justice, an opportunity should have been given regarding the claim made by petitioner, that he was unfit on medical grounds. in the instant case, except to take into account that the third respondent had suffered illness during long periods for three academic years, the management had not collected ..... effected without prior approval is illegal, and that the termination could have been done only by the 'school committee' and not by the 'educational agency', and that there being no medical opinion obtained by management about his unfitness, the termination was illegal on either ground. 4. mr. r. gandhi, learned counsel for the petitioner, would first submit that there .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Sep-13-1988
Reported in : AIR1989MP61
..... the courses in question, would not be able to pursue his study properly, because however regrettable it may be, the fact remains that today text books for the degree courses in medical, science and engineering are in english and instruction is also imparted in english. that is why to judge the suitability of a candidate for admission to these courses, ..... this petition.3. the first contention advanced on behalf of the petitioners was that by prescribing 'general english' as one of the subjects for the entrance examination, the board acted arbitrarily and unreasonably. reliance was placed on the decision reported in amisha nagpaul v. state of orissa, air 1988 orissa 190. in reply, it was contended on behalf of ..... to that prescribed for the higher secondary school certificate examination in the subject 'general english'. the course prescribed by the board in the subject 'general english' is (i) reading comprehension; (ii) grammar and usage; (iii) words, phrases and idioms, comprehension and their use in sentences; (iv) prefix, suffix, punctuation and spelling; and (v) letter writing. the boardhas further ..... the year 1986, the academic requirement of eligibility for admission to the courses in question is that a candidate should have passed the higher secondary school certificate examination (10+2), or an examination equivalent thereto as prescribed by the rules. the question papers for the higher secondary school certificate examination conducted by the board of secondary education, m.p .....Tag this Judgment!