Court : Mumbai
Decided on : Oct-18-1994
Reported in : (1995)97BOMLR600
..... mentioned in first schedule to the indian medical council act. the decree by the marathwada university is recognized degree but it has been pointed out that the medical council of india has not been satisfied with the standards of instruction, equipment, accommodation and staff provided in nanded medical college. there is, therefore, no recognition and under section 19(4), the medical council can prescribe as to when ..... learned counsel for the petitioners has contended that the petitioner nos. 1, 3 and 4 are already accommodated in the post graduate medical courses under the above orders dated 16-2-1994. they need not be disturbed. petitioner no. 2- dr. govind s/o ramkaran varma is being considered for the seat which has been surrendered from the quota of all india competitive ..... examination. the respondent may consider the case of this petitioner no. 2 on merits.16. the learned counsel for the interveners has contended that the interveners nos. 1 to 14 do not press their claim and that they seek to withdraw from ..... in writ petition no: 619/1994 succeed, the petitioners in writ petition no. 1662/ 1994 must fail and in the event of first writ petition failing the second should succeed.2. the petitioners in writ petition no. 619/1994 have passed m.b.b. s. examination from marathwada university in the year 1993. they went through m.b.b.s. course .....Tag this Judgment!
Court : Rajasthan
Decided on : May-12-1994
Reported in : AIR1995Raj102; 1994(3)WLC26; 1994(2)WLN294
..... must be an indian national.(b) a candidate, who holds a recognised mbbs degree from a recognised medical college or foreign medical degree included in the schedules to the indian medical council act, 1956 and who has obtained full registration either from the medical council of india or any of the state medical councils after completing compulsory rotating internship shall be eligible to take up the competitive ..... and the admissions were given on the basis of all india examination for entrance to the medical colleges conducted by the respondents for filling up 25% pg seats in 70 medical colleges in 40 specialities including 2/ 3 years degree and 2/1 year diploma courses. we are of the view that in making the aforesaid allocation, the respondents had strictly followed the ..... 6. each candidate will be allowed to give option in order of preference for admission to post-graduate medical courses for maximum of 6 degrees and/or diploma course and at a maximum of 8 medical colleges/institutions.(i) options once given cannot be changed.(ii) the options given in the computer sheet will be considered as final.(iii) some of the universities ..... of convenience and ready reference the aforesaid candidates who were given admissions in terms of the aforesaid order are indicated below:name of candidatesname of speciality1. dr. neha mathurms (ophthal)2. dr. asheesh lalmd(gen. med.)3. dr. preet singh kangms (gen. sug.)4. dr. sharad c. agarwalmd (gen. med.)5. dr. tilak raj dangwalmd (gen. med.)6. dr. .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-05-1994
Reported in : (1995)1CALLT198(HC)
..... be considered as a whole. the aforementioned general information, as contained in annexure 'f' to the writ application, contains relevant rules for admission of candidates to dfferent post graduate medical degree and diploma courses of the calcutta university, clause 7 appears in paragraph iii of the said rules containing other procedural directives and informations.10. there cannot be any doubt nor ..... in the hospital quarter as a resident house physician. dr. nandi stated that she submitted her resignation letter to the principal, calcutta medical college on 1st february, 1994 and the application form for admission to post-graduate medical degree/diploma courses 1994 was submitted on 2nd february, 1994 to our office. it will be very much obvious from the said form that ..... to : (i) act and proceed according to law ;(ii) admit and allow your petitioner to be admitted to the m.d. (tropical medicine) course of the calcutta university for the session 1994-97 for admission to which she has been duly selected ;(iii) treat your petitioner as an eligible candidate for grant of admission to the said post-graduate medical degree course ;(iv) ..... that rule 7 of part iii of the general information disallowing candidates from applying for a degree course during the continuance of any other course is unreasonable arbitrary and violative of article 14 and 19(1)(g) and 21 of the constitution of india.2. admittedly, the petitioner was admitted to the post-graduate diploma course for the session 1993- .....Tag this Judgment!
Court : Orissa
Decided on : Feb-02-1994
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 : Chennai
Decided on : Feb-17-1994
Reported in : 86CompCas747(Mad)
..... pandya v. shailesh j. shah and others) and 1991 cpj 533 were relied upon to show that the treatment by a medical practitioner would constitute contract of personal service and consequently stood excluded from the definition of section 2(1)(o) of the act. 32. the learned counsel appearing for the respondents relied upon the decisions reported in 19921 cpr 820 : (1993) 1 ctj ..... adequate knowledge or experience of or have shown capacity in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration and not necessarily obtained any degree or diploma in such fields or attained such academic achievements as qualifications or any training for a particular period. they are too general and nebulous prescriptions which could not effectively ..... perhaps is a field where results are not expected to be or could be guaranteed since a great deal of medical treatment, even if administered with all the due skill and care involves some degree of risk and on occasions the medical treatment involves making a choice between competing risks. it would be all the more so in the case of a ..... reputation and future career would be under stake accompanied by his professional incompetency, allegations of negligence against a medical practitioner should be considered as a very serious one and the standard of proof of fault also should be of a high degree of probabilities. 29. the learned counsel appearing on either side adverted to volume of case law but we .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-16-1994
Reported in : 1996(3)BomCR196
..... no. 1 in refusing to grant eligibility certificate to the petitioner was arbitrary and cannot be sustained. besides, the medical degree issued by the kottayam medical college was recognized by the indian medical council. it was also submitted that the recognition always concerns to degree awarded by the university and once this has been done it was not permissible for respondent no. 1 to ..... able to disclose the existence of rule or regulation in this respect. according to the learned counsel, respondent no. 1 has expressly recognised the degrees awarded by the mahatma gandhi university to which the medical college of kottayam is affiliated. it must be assumed that this recognition was based on the fact that the entrance qualification and standards of students ..... . a further prayer was sought by another writ of mandamus directing respondent no. 1 to issue eligibility certificate to the petitioner and permit his migration from kottayam medical college, kerala to goa medical college, bambolim.2. on behalf of the respondent no. 1 an affidavit was filed by the assistant registrar of respondent no. 1, mr. u.v.k. shankwalkar, wherein ..... granted by a university duly established by a statute in india which has been recognized by the indian medical council, should be regarded and accepted as valid throughout the country once the said university was included in schedule of the medical council act. it was also urged that there was no rule or regulation framed by the goa university requiring a .....Tag this Judgment!
Court : Patna
Decided on : Nov-01-1994
..... provides that no person shall provide instructions, lectures, tutorials, practical work in the laboratories in medical institution irrespective of whether it leads to an examination and grant of degrees etc. to medical science or allied branches of learning. first proviso to section 2(c) provides that no medical courses of study shall be opened by any individual or body or institution or agency without ..... of the b.n. mandal university is that without permission of the state government to open a medical course of study as required under the proviso to section 2 of the bihar medical education institution (regulation and control) act, 1981 (hereinafter referred to as the 'bihar act'), the college started functioning and admitting the students, according to the respondent the university was created ..... will not apply to minority institutions. thus, it is held that the proviso to clause (c) of section 2 of the bihar act does not apply to minority institutions. however, as i have held that the amended provisions of the indian medical council act are applicable in the case of the petitioner's institution, the non-applicability of the aforesaid provisions of ..... that no prior permission for the establishment of institution was taken by the state government in accordance with the provisions of proviso to clause (c) of section 2 of the bihar act is not tenable in law for the reason that no prior permission is required for establishing a minority institution in view of the provision of article 30(1 .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-01-1994
Reported in : AIR1994Kant309; ILR1994KAR1215
..... with the general category candidates. why should not such candidates rub shoulders with the general category candidates at the higher levels where sophisticated skill and professional expertise of very high degree is required ?........it would be reasonable to say that at the higher levels of education in medicine, there should not be any reservation at all.'12. i respectfully ..... , as a mandate to make reservations. article 46 declares the objective of the state that it shall promote with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the scheduled castes and scheduled tribes and shall protect them from social injustice and all forms of exploitation. this article is in ..... state to make reservations for scheduled castes and tribes as also for advancement of any socially or economically backward classes of citizens; that the medical council of india in its letter dated 27-2-1985 has informed all medical colleges, post-graduate institutions, universities and government of its decision that 100% of the seats in super speciality courses should be filled ..... and 332. article 15 as originally formulated was in absolute terms, barring any form of discriinitiation. clause (4) of article 15 was introduced by the constitution (first amendment) act, 1951, as an exception to the absolute bar of discrimination, giving competence and discretion to the state to make reservations by way of special provisions, wherever necessary, for the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-14-1994
Reported in : AIR1995P& H225; (1995)109PLR218
..... for implementation of the directions of the supreme court in unnikrishnan, for the reason that according to section 11 of the indian medical council act, 1956, the central government cannot act without consultation with the medical council of india for purposes of according recognition to medical institutions and the degrees conferred by them. such consultation was an effective consultation and not a mere formality. the same was ..... of 1994. it would be convenient to refer to c.w.p. no. 9563 of 1994 as the questions raised in the two petitions are common.2. the controversy raised is whether the dayanand medical college and hospital is entitled to fill seven seats with non-resident indian students (hereinafter referred to as 'nris') in the facts and circumstances of this ..... of the state government giving effect to the directions of the supreme court.10. written statement has been filed on behalf of respondents 1, 2 and 4. a separate written statement has been filed by the medical council of india respondent no. 3. it has been pleaded that directions given by the supreme court in unnikrishnan and other cases which came ..... not entitled to fill any seat from the nri category.11. learned counsel for the petitioner has brought on record certain additional facts through a civil misc. application dated nov. 2, 1994. the additional facts are clarificatory in nature and we have incorporated the relevant facts in the above narrative.12. the indian students, who would get admission if the nris .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Feb-14-1994
..... under clause (f) of section 2. public servant is defined to mean the public servant as defined in section 21 of the state ranbir penal code but does not include a public man as defined in the act. the government doctors will be covered by the definition contained in clause (f) and not by the definition contained in clause (e). chapter ii deals with the declaration of ..... the restrictions imposed by the impugned order being in public interest, are reasonable restriction saved by article 19(6) and have a definite nexus with the object of achieving in the hospitals, better patient care, imporvement in the medical education etc.'. learned counsel submits that in view of the states own case and in view of the observations of the division bench ..... has been mentioned in the writ petition nor the authority which has exercised the power has been disclosed. section 32 of the indian medical council act, 1956 (cii) of 1956 confers powers to frame rules on the central government and section 33 confers power on the medical council of india to make regulations. we may assume that the rule has been framed by the authority ..... health clinics have become perfect and they can effectively and efficiently take up the work of patient care. the emphasised portion recognises the right of the administration to allow private medical practice.19. the learned counsel for the state has placed before us a copy of the report of the technical committee. the division bench had recommended to the committee also .....Tag this Judgment!