Court : Delhi
Decided on : Dec-01-1997
Reported in : 1998IIAD(Delhi)457; 71(1998)DLT45; 1998(44)DRJ350
..... of india, new delhi held on 17.9.1997 which suggests that the committee, after a unanimous opinion, decided that (a)the students who complete their medical degree course of less than six years duration from institutions in erstwhile u.s.s.r. shall not be eligible for registration because of the fact that the duration of m. ..... have to undergo one year internship after obtaining the qualification..... (e)the students who are initially admitted in an institution not recognised by the medical council of india and later on migrated and obtained the degree from recognised medical institutions in erstwhile u.s.s.r.will not be eligible for any kind of registration in india. (13) the respondent has produced a ..... .1994; that clause (a) thereof suggests that the executive committee decided to permit mci sponsored candidates to undergo intemship training in india after completing 5th year medical course in the country provided they submit provisional degree certificate in original by the dean for the foreign students duly certified and attested by the indian embassy at moscow or the 3 russian embassy at ..... n.g. nandi, j. (1) in this petition under sections 11 and 12 of the contempt of courts act, 1971, the petitioner has been alleging willful disobedience of the orderdated 6.8.1997 passed in civil writ petition no. 1146/96. (2) it has been the say of the petitioner that in civil writ petition no. 1146/96,relief was sought in the matter .....Tag this Judgment!
Court : Delhi
Decided on : Dec-01-1997
Reported in : 1997VIAD(Delhi)884; 4(1997)CLT582; 69(1997)DLT971
..... of the petitioner with the ministry of health of the russian federation being in contravention of section 8(1) or section 47 of the foreign exchange regulation act or the medical council not having any power under the indian medical council act for de-recognition or making changes in part ii of the il1rd schedule. (10) let us now consider the impugned advertisements. in the ..... notice or advertisement being issued by the respondents. there can be no dispute that the factum of continuance of recognition of these medical institutes is under review. the medical council of india has recommended de-recognition of degrees of these institutes and the decision is to be taken by the central government. during this interregnum the students, who may unwittingly ..... their own and, as such, students would not be eligible to practice medicine in india. similar report appears on 8.9.1997 titled 'medical council of india against recognising russian degrees'. the report quotes the president of medical council of india saying that the 29 universities in the former soviet states admitted students from arts and commerce streams into the ..... of the erstwhile ussr. (8) considering the rival submissions of the parties, the position that emerges is that the medical council of india has made a recommendation for de-recognition of the medical degrees awarded by the 29 medical institutions in russia and the cis countries. further, that the existing recognition should not be extended beyond 31.12.1997. there is .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-01-1997
Reported in : 1998(1)ALLMR469; 1998(3)BomCR386; (1998)1BOMLR389; 1998(3)MhLj164
..... without india, which grants degrees, diplomas or licences in medicine; (h) 'recognised medical qualifications' means any of the medical qualificationsincluded in the schedules; section 11 deals with recognition of medical qualifications granted by any university or medical institution in india. the first schedule to the act enlists medical qualifications granted by the universities or medical institutions in india, which have been recognised. sub-section (2) of section 11 provides for recognition to ..... other such institution recognised by a university as an institution in which a person may undergo the training if any, required by his course of study before the award of any medical qualification to him ..... -1-1997 18. for deciding the contentious issues, it is necessary to consider the provisions of the i.m.c. act, 1956. the provisions, which are relevant for the petition are sections 2, 11, 16, 17, 18, 19 and 33. section 2 deals with the definitions and those relevant for the present purpose are reproduced herein below ;(a) 'approved institution' means a hospital, health control or .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-23-1997
Reported in : ILR1998KAR2520; 1999(4)KarLJ389
..... that all the admissions shall be made as per the guidelines of aicte/ugc/mci/appropriate bodies. section 19-a of the indian medical council act, as already noticed, provides the minimum standards of medical education required for granting recognised medical qualifications other than postgraduate medical qualifications. rule 6.2.33 of the rules governing the appellant, authorises the board to conduct examinations or test for admission ..... students in case any change in the criterion is made. in gurdeep singh v state of jammu and kashmir, the appellant had claimed admission to the course leading to a medical degree under the sports category which was allegedly wrongfully denied to him and in his place another candidate viz., shuab omer was selected. the court noticed in that case that the ..... minimum standards of medical education required for granting recognised medical qualifications (other than postgraduate medical qualifications) by universities or medical institutions in india. a cursory look at the section indicates that what is required to be prescribed by the medical council is the minimum standards of medical education and that such standards can be prescribed for granting recognised medical qualifications for degrees of medical education other than postgraduate medical qualification. vide .....Tag this Judgment!
Court : Delhi
Decided on : Mar-03-1997
Reported in : 1997IIIAD(Delhi)38; 66(1997)DLT386; 1997(41)DRJ381
..... individual or the other. a statutory direction like that, would be given to ensure that personal predilection has no role in the conclusion arrived at. (31) section 10 of the all india institute of medical sciences act, 1956 is one of the statutory provisions, which requires formation of ad hoc committees for the purposes of giving advice. a selection committee is for rendering ..... the first page was a recommendations of the selection committee whereby the name of the petitioner was recommended for selection to the post of medical superintendent. . the said recommendations was in the hand-writing of respondent no. 2, who was a chairman of the selection committee, and was signed by all the other members of the selection committee except that the ..... the recommendations of the selection committee for the following reasons:- (i) the recommendations of the selection committee had not been signed by its chairman as also by the member-secretary; (ii) out of the two candidates, who were called for the interview and who had appeared before it, one does not fulfill the prescribed qualifications/experience; and (iii) another attempt ..... qualifications, experience of the post, and thereforee, were not invited for interview. the selection committee comprised an number of persons, who were as follows:- 1. prof. shri upendra bakshi chairman 2. dr. g.k. vishwakarma member/vice chairman 3. dr. c.m. habibullah member 4. dr.ramani sivaramani member 5. dr. h.c. pakrashi member 6. dr. c. silvera member .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-11-1997
Reported in : 1998(1)ALD103; 1998(1)ALD(Cri)146
..... to the government hospital for mental care without following the provisions of the mental health act, 1987 ('the act' for short). section 89(1) of the act lias repealed the indian lunacy act, 1912.17. the government hospital for mental care comes within the definition of 'psychiatric hospital' under section 2(q) of the act. section 2(1) defines 'mentally ill person', meaning as 'a person who is in ..... admission and detention of a mentally ill person in a psychiatric hospital or psychiatric nursing home'. sections 20 - 36 fall under this part. section 20 of the act provides for application for reception order to a magistrate (as defined under section 2(h) of the act) by (a) a medical officer-in-charge of a psychiatric hospital or psychiatric nursing home, or (b) by the ..... husband, wife or any other relative of the mentally ill person. in the present case no such application under section 20 of the act was made to the learned magistrate. the ..... suitable place for such period not exceeding ten days as the magistrate may consider necessary for enabling any medical officer to determine whether a medical certificate in respect of that alleged mentally ill person may properly be given under clause (a) of sub-section (2) of section 24. (2) the magistrate may, from time to time, for the purpose mentioned in subsection (1), by .....Tag this Judgment!
Court : Allahabad
Decided on : May-29-1997
Reported in : AIR1998All145; (1997)3UPLBEC1942
..... 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.' 28. para a provides the manner in which the academic merit of the students for selection to the post graduate training shall be determined. there ..... all lj 584) the same principle was applied that no collegewise preference can be given. in this case it was contended that the state of uttar prades his running seven medical colleges. rule g (ii) of the guidelines of lucknow university for entrance examination provided separate merit list for each college. it was struck down on the ground that all the seven ..... alone should be taken into consideration. the reasons given were summarised as follows at page 297 :--'it will be noticed that the all india character of aims as per the act, together with the fact that in m.b.b.s., the 40-45 students who join aims after a common examination, are themselves drawn from all oxer india, shows ..... s. examination from their own university and following principles were laid down :'6. from the decided cases, following principles emerge : (1) college-wise preference is not permissible in any event. (2) university-wise preference is permissible provided it is relevant and reasonable. seventy to eighty percent reservation has been sustained, even where students from different universities appear at a common entrance .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-25-1997
Reported in : 1997(4)ALLMR602; 1997(3)BomCR680; (1997)4BOMLR556; 1998(2)MhLj234
..... contended that the words vocational training appearing in article 371(2)(c) can have no reference to the medical education with which the impugned draft rules are concerned. reliance was also placed on the definition of the words 'technical education' appearing in clause (g) of section 2 of the all india council for technical education act, 1987. an attempt was further made to rely upon ..... government order dated dec. 15, 1982 lays down the criteria or eligibility qualification i.e. obtaining of 55 per cent marks by the candidates seeking admission in the postgraduate degree course and obtaining of 52 per cent marks by candidates seeking admission to postgraduate diploma course for being considered for selection. entry 25 confers on the state government as ..... (1) on the lines of the system of admissions already being followed by the government for private professional colleges, 30% seats in all government, government aided and university conducted degree colleges be filled up on the state lever competitive merit while reserving 70% seats for the students belonging to the universities in whose areas of operations these institutions are located ..... with the rules for the academic year 1997-98. even the data in the matter of educational services dealing with the number of primary schools, secondary schools, high schools, degree colleges, is based on 1983-84 statistics.56. our attention was then invited to a chart showing the indicators used by the study group of planning board to determine .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-20-1997
Reported in : AIR1998SC2384; 1997(2)BLJR1112; JT1997(4)SC329; (1997)IILLJ685SC; 1997(3)SCALE245; (1997)4SCC43; 3SCR115
..... received the approval of the central government and, therefore, have not become regulations under the indian medical council act. as decided by this court the recommendations of the medical council even after they become regulations framed under section 33 of the india medical council act are only recommendatory in nature. the high court was. therefore, not right in proceeding on the ..... valid it would be implied that apart from the required teaching experience he also possessed 'special training' of two years in the speciality of neurosurgery after obtaining the degree of ms. it is, therefore, difficult to appreciate how it was open to the respondent thereafter to challenge that dr. chaudhary did not have special training ..... after requisite training in the speciality post-graduate concerned or speciality quali-fication. board (usa) in the speciality concerned. _______________________________________________________________________________7. admittedly, dr. chaudhary did not have the degree of m.ch. and, therefore, the only question required to be considered was whether he possessed alternative qualification of m.s. with two years special training in the ..... . the writ petition was filed by dr. ramesh chandra, respondent no. 1 in these appeals and hereafter referred to as the respondent'.2. the respondent after obtaining mbbs degree joined the prince of wales medical college, patna as a demonstrator in the department of anatomy. he did m.s. in general surgery and thereafter m.ch. in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-17-1997
Reported in : JT1997(9)SC1; RLW1998(1)SC40; 1997(6)SCALE639; (1997)11SCC687; Supp4SCR514; 1997(2)LC815(SC)
..... such provisions.5. 17(3) nothing contained in sub-section (2) shall affect:(a) the right of a practitioner of indian medicine enrolled on a state register of indian medicine to practice indian medicine in any state merely on the ground that, on the commencement of this act, he does not possess a recognised medical qualifications:(b) the privileges (including the right to practice ..... of education imparted by the said hindi sahitya sammelan prayag and expertise acquired by the holders of the aforesaid degrees awarded by the said institution. in any event, when proper medical facilities have not been made available to a large number of poorer sections of the society, the ban imposed to the practitioners like the writ petitioners rendering useful service to the ..... 1967 and the certificate of ayurved ratna and vaid visharada given by the said organization after 1967 not being recognised under the said act registration obtained by any person as a medical practitioner on the basis of such degrees therefore would not be recognised and any person having such qualification would not be entitled to practice in delhi are impugned in these ..... it was also indicated in the said public notice that no indian university or board conducts one year's course for giving the bachelor's degree in ayurvedic medicine or through correspondence course no. m.d. degree in ayurved was conferred by any university or board. the public at large was cautioned by the said public notice published in the newspaper about .....Tag this Judgment!