Court : Andhra Pradesh
Decided on : Apr-27-1993
Reported in : 1993(2)ALT227
..... page 7, under the heading 'primary examinations' sub-clause (i) of clause 5.1 eligibility requirements, reads as under:'candidates in possession of medical degrees from india universities registerable in the first schedule of the medical council of india act, 1956 as well as from foreign universities recognised by mci will be eligible to appear in the examinations conducted by the board.'9. a ..... circulated to the hospitals. it is also admitted that no specific procedure was followed nor is there any procedure indicating the reservations for each faculty and for weaker sections. therefore, the contention of respondents 2 to 52 that the entire selection process has been done only to suit some students, is justified. when it is found that the requirement of fair play ..... test. it is further averred that majority of the successful candidates are from one college; that no reservations for weaker sections were provided though course is equivalent to post-graduation in medicine and that, therefore, the entrance test held on 17-2-1993 is vitiated and consequently the impugned circular cancelling the entrance test has been issued. respondent no. 1 had sufficient .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-04-1993
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; 1SCR594
..... the word 'business' it cannot be said that the definition of business given in section 45 of the partnership act, 1890 (53 & 54 viet. c. 39) was an extended definition intended for the purpose of that act only. section 45 of that act says:the expression 'business' includes every trade, occupation, or profession.section 2(b) of the indian partnership act, 1932 also defines 'business' thus:business' includes ..... v. state of karnataka: : 3scr658 , as also in the present cases before us, is whether a citizen has a fundamental right to education for a medical, engineering or other professional degree. the question whether the right to primary education, as mentioned in article 45 of the constitution of india, is a fundamental right under article 21 did not arise ..... from charging more than rs. 2000 from any student who may be resident of any part of india. when the state government permits private medical college to be set up and recognises its curriculum and degrees then the said college is performing a function which under the constitution has been assigned to the state government. we are therefore of the ..... question arises: what is the nature of functions discharged these institutions? they discharge a public duty. if a student desires to acquire a degree, for example, in medicine, he will have to route through a medical college. these medical colleges are he instruments to attain the qualification. if, therefore, what is discharged by the educational 15 institution, is a public duty .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-10-1993
Reported in : 1994(3)WLC126; 1993WLN(UC)433
..... this court under article 226 of the constitution. the present petition depicts the same problem. this court often comes across such problem and it needs proper guidelines in the matter.2. post-graduate medical degree course is a technical/academic course of super speciality, where emphasis had always been on merit, in dr. dinesh kumar v. motilal nehru ..... regulations framed by the medical council of india provide, inter alia, for the different specialities for which pg courses in md/ms as also diploma courses in certain disciplines may be conducted ..... up the vacancy/vacancies in p.g. course in m.d/m.s. or the diploma course of studies in a particular speciality or specialities at the earliest. they must act with due promptitude, so that no seat goes waste or remains unfilled by their lethargy or inaction. a single unused seat would be depriving a student waiting anxiously for his ..... indian medical council act, 1956 and one of its duties is to prescribe the minimum standards of medical education. it made recommendations on february 12/13, 1971 prescribing uniform standards for post-graduate medical education through-out india, which 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 .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-03-1993
Reported in : AIR1993All283; (1993)2UPLBEC1066
..... and they were empowered to conduct, recognize and regulate the system of medical treatment according to ayurvedic and unani tibbi system in the state of u. p. under sections 27, 28, 29 and 30, schedule was framed under the said act, which entitled vaidyas, hakims, who hold degree or certificate of any government ayurvedic or unani college or school within the ..... approved institutions whose degree and certificates were constituted to be valid and registrable as a ayurvedic medical ..... practitioner.7. the learned counsel for the petitioner placed reliance on the provisions of sec. 17(3) of the central act of 1970, which is ..... , sidha ayurved, unani tibbi. the provisions of this act constituted a council known ascentral council and appended ii schedule under sec. 14 of the said act. the states, nominations of colleges of various states and the degree and abbreviations thereafter with special remarks are contained in said ii schedule. entry no. 99 of the ii to entry no. 107 mentions the name of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-14-1993
Reported in : AIR1994SC777; JT1993(3)SC455; 1993(2)SCALE961; (1993)3SCC184; 3SCR787; (1993)2UPLBEC1207
..... degree course at jabalpur.27. on the said basis migration is sought. dar-es-salam university is not recognised by the medical council of india. therefore, from an unrecognised institution admission is sought to a recognised institution.28. with the object of maintaining and regulating standards of medical education in the country, the parliament enacted 'the indian medical council act, 1956'. under section 6 of the act ..... of admission. after admission of the writ petition the same order was continued. though an application was preferred by the respondents 2 to 4 to have the order vacated on the ground that migration from an unrecognised medical college to a recognised medical college was not permissible, the same was dismissed.12. some interesting development took place during this stage. the candidates did ..... dated 28.12.1991 of dy. registrar (general) r.d. university jabalpur. regarding letter of ku. divya nelson and 2/ silas nelson to the university. i have gone through prospectus of university of dar-es-salam (1990-90) for m.d. degree which is equivalent to m.b.b.s. of universities abroad (as per letter no. h/q/g.n/17862 ..... .sankpal and ors. etc. c.a.nos.3-4of 1991 dated 21.10.92 and orderdated 6.12.1990 of this court passed in medical council of india v. ms. sunita anant chavan and ors. la. nos.2-7 in transfer petition (civil) nos.230-235 of 1989.the high court misread regulation v. under that regulation migration is allowed from a .....Tag this Judgment!
Court : Patna
Decided on : Mar-30-1993
..... university to see that it does not produce sub-standard doctors who may upon having obtained a degree play with the lives of the patients.36. the medical college as also the university, thus not only have a legal, but also a moral responsibility to sec that degrees are conferred only to those students who have complied with the requirements of law by completing ..... the courses of studies laid down by the statute.37. the medical college and the university are not supposed to produce half baked and/or sub-standard doctors ..... nature of recommendation. regulation i which lays down the conditions or qualifications for admission into medical course comes within the competence of the council under section 33 of the act and is mandatory and the council has used language to manifest the mandatory character clearly, whereas regulation ii which deals with the process or procedure for selection from amongst eligible candidates for admission is ..... impact on the bare basic needs of the society.44. it is a case of a student, who intends to be a doctor by acquiring mbbs degree, grant whereof ensures a meticulous training in medical courses and hundreds of persona would be inspiring confidence on such professionals entrusting the lives of their kith and kins in the hands of such professionals. the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-27-1993
Reported in : AIR1993SC2335; JT1993(4)SC308; 1993LabIC2035; (1994)ILLJ94SC; 1993(3)SCALE260; (1993)3SCC723; Supp1SCR339
..... will be involved in patients care only. it was in this background that the impugned act came to be passed.34. section 2 is the definition section.35. section 4 states that a person appointed to the west bengal medical education service shall not be transferred to west bengal health service. likewise, a person ..... this again is not in accordance with section 10.53. rule 7 talks of the grades in west bengal health service:(i) medical officers; (ii) specialists.the qualifications for declaration as a specialist are:(a) a post-graduate degree, and(b) at least 5 years as medical officeror(a) a diploma and(b) ..... the teaching side. a doctor may have attained the qualification to enter the teaching stream by obtaining his m.d. or m.s. degree but he may not have chosen to join the teaching stream immediately whereas another doctor might have joined the leaching stream immediately after obtaining the ..... of doctors appointed to the posts of the basic teachers in non-clinical discipline and who did not possess requisite eligibility qualifications viz., post-graduate degree in the relevant subject, have been provided with an option to join the wbmes.18. there is also no merit in the twentieth contention ..... appointed to the post of 'basic teachers' in non-clinical discipline and who do not possess the requisite eligibility qualification, viz., post-graduate degree in the relevant subject have been provided with option to join wbmes.(20) the seniority of the members of wbmes has not been protected due .....Tag this Judgment!
Court : Patna
Decided on : Sep-10-1993
..... which is in the following terms: no. enmu-4/92/3293-gs(i) patna, the 25th december, 1992. in exercise of the powers conferred upon him under section 39(2)(ij) of the bihar universities act 23 of 1976 as amended up to date the chancellor, b. n. mandal university has been pleased to approve the followingtransitory regulation as proposed by the vice ..... , declaring its degree to be a recognised medical qualification enabling the holders thereof for enrolment on the state medical register in absence whereof they can neither hold any office as a physician or surgeon or can practise in medicine in any state and/or do any other legal acts in this regard as per the contemplations under section 15 of the said act. it has been ..... contained in annexure 'c' to the counter affidavit, directed the vice-chancellor to abide by the directions contained in the transitory regulations. the vice-chancellor again by his letter dated 2-3-93 (annexure d) communicated to the chancellor that the examination board of the university after examining the entire legal position, has resolved to request the chancellor to review his ..... , and for a further direction to hold examination of the students of petitioner institution as per the directions of the chancellor along with the students of the said katihar medical college. 2. the petitioner institution is claimed to be a minority institution, which, on establishment took admission of 60 students on1st december, 1990. in the writ petition certain details have been given .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jul-14-1993
Reported in : 1994(0)MPLJ342
..... of india vide annexure p-v, he was eligible for admission to post- graduate courses. the said recommendations of the medical council of india are approved as 'regulations' by the government of india under section 33 of the indian medical council act, 1956 and have therefore, statutory force. when the superintendent, j. a. group of hospitals did not forward his application, ..... a reference to section 20 of i.m.c. act may also be apposite. it empowers medical council of india to prescribe standards of post-graduate medical education for the guidance of the universities. the selection process is nowhere entrusted under the act to medical council of india. it can also be said that in the said recommendation/regulation in clause (ii), the medical council of india ..... compulsory rotating internship required for purposes of obtaining the m.b.b.s. degree and full registration.11. the petitioner relied upon clause (ii) of the above recommendation/regulation to support his claim about eligibility. it will be seen that under that clause, the recommendation of the medical council of india is that in order to be eligible for admission to ..... rotating internship after passing the final m.b.b.s. examination and must have full registration with state medical council.(c) they must subsequently have done one year's housemanship in recognised hospital prior to admission to the post-graduate degree or diploma course. housemanship preferably be for one year in the same subject or at least six months .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-05-1993
Reported in : [1995(70)FLR546]
..... undoubtedly passed the resolution on 7.11.1974. thereafter, the then administrator, on 27.11.1981 passed a resolution deciding that all the medical officers, who were allopathies, holding degree of m.b.b.s., should only be given the higher pedestal, i.e., the pay scale of rs. 680-1500 instead ..... firstly take the finding of the industrial court to the effect that the complainants were the workmen within the meaning of the definition of workman as given in the industrial disputes act, 1947. in fact, the contention of shri dhabe is that it was the burden of the complainants, firstly, to ..... judge of the industrial court seems to have devoted his attention more to the educational qualifications of the complainants and has recorded a finding that the medical officers were all equal, whether they be allopathies, homeopaths or practising in ayurved medicines. such indeed was to the controversy before the industrial court ..... objection raised by shri dhabe. he invited my attention to the provisions of section 79(d) of the city of nagpur corporation act which defines the 'municipal funds' and also to sections 84 and 86 of the said act which pertains to the budgetary provisions of the corporation. he also drew my attention ..... s. sirpurkar, j.1. both these writ petition can be disposed of by this common judgment since the similar questions are involved. 2. the order passed by the industrial court, nagpur, holding that the nagpur municipal corporation, nagpur (for short called 'corporation') has .....Tag this Judgment!