Court : Supreme Court of India
Decided on : Oct-08-1998
Reported in : 1998VIIAD(SC)457; AIR1999SC468; JT1998(7)SC78; 1998(5)SCALE501; (1998)7SCC579; Supp2SCR143
..... means a person-(i) holding a qualification granted by an authority specified or notified under section 3 of the indian medical degrees act, 1916 (7 of 1916), or specified in the schedules to the indian medical council act, 1956 (102 of 1956); or(ii) registered or eligible for registration in a medical register of a state meant for the registration of persons practising the modern scientific system of medicine (excluding ..... government framed the drugs rules. rule 2 contains the definition of the terms and expressions used in the rules. rule 2(ee), which was inserted by so 1196 dated april 9, 1960 with effect from 14.05.1960, defines the expression 'registered medical practitioner'.25. for purposes of the pharmacy act, 1948, the expression medical practitioner is defined by substituting section 2(f) therein with effect from 01 ..... claim of those who have been notified by state governments under clause (iii) of rule 2(ee) of the drugs rules and those who possess degrees in integrated courses to practise allopathic medicine is sought to be supported from the definition of the indian medicine in section 2(e) of 1970 act, referred to above, meaning the system of indian medicine commonly known as ashtang ayurveda .....Tag this Judgment!
Court : Delhi
Decided on : Sep-18-1998
Reported in : 1998VIAD(Delhi)208; 1998(47)DRJ761
..... of training to the satisfaction of the medical institutions awarding the recognised medical degree, it was not open to the respondent no.2 to raise objection or prescribe or insist upon further training in india after obtaining the recognised medical qualifications. the petitioners submit that it is misreading of section 13 of the indian medical council act by the respondents. once a candidate ..... has undergone, the required practical training as prescribed by the institution awarding the recognised medical ..... the cut off date. reliance was also placed on the use of the word 'after' in section 13 of the indian medical council act, in support of the contention that the practical training contemplated was only 'after' the completion of the degree course. the date january 1991, was also sought to be justified as having nexus with the ..... .1.1991 in the institutions in ussr and denying to those admitted thereafter is discriminatory, arbitrary and illegal; (ii) whether the medical council of india is empowered under section 13(3) and 25(1) of the medical council act to prescribe and require that the internship/practical training in india would be permitted after completion of the 6 year .....Tag this Judgment!
Court : Delhi
Decided on : Nov-18-1998
Reported in : 1999IAD(Delhi)213; 77(1999)DLT37; ILR1998Delhi908
..... petition under article 226 of the constitution of india has been filed alleging that the medical education and grant of degrees etc. in the field of medicine, are not controlled and regulated by the indian medical council act, 1956. indian medicine central council act, 1970, homoeopathic central council act, 1973 and indian medical degrees act, 1916 of late, newspapers have been flooded with advertisements of the institutions which are functioning ..... provides for the qualifications granted by the medical institution outside india. the indian medical degrees act, 191619. it was enacted to ban conferring of degrees or issuing of certificates, licences etc. to practice western medical science. by persons or authorities other than those specified in the schedule and notified by state governments. the expression 'western medical science' in section 2 of the act is defined to mean the western methods ..... further proposes to take up the matter with the state authorities besides filing a complaint with mrtpc. 6. in its reply affidavit medical council of india, respondent no. 5 has stated that provisions contained in indian medical degrees act, 1916 and indian medical council act, 1956 apply only in the field of allopathic system of medicine. right to practice in homoeopathy is regulated by the homoeopathy central .....Tag this Judgment!
Court : Delhi
Decided on : Apr-22-1998
Reported in : AIR1998Delhi325; 73(1998)DLT157; 1998(45)DRJ493
..... eye view of the relevant provisions of the indian medical council act, 1956. in section 2, medical education has been defined as,'the recognized medical education means any of the medical qualifications included in the schedules. the relevant provision is section 13(3) of the indian medical council act, 1956, and the same reads as under:-- '13(3) -- the medical qualifications granted by medical institutions outside india which are included in part ..... act. according to mr. rohtagi, the schedule also ..... submitted that the medical qualification granted by medical institution outside india which are included in part (ii) of schedule iii shall also be recognized medical qualifications for this act. he submitted that the petitioner had successfully obtained the ultimate degree from a recognized institution. respondent no. 1 now cannot be permitted to go behind the degree. this would be contrary to the spirit of section 13 of the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-05-1998
Reported in : 1998(2)ALLMR630; 1998(4)BomCR16
..... for selection for admission to the post-graduate courses (degree and diploma ) in the medical colleges in the state in accordance with the criteria laid down by indian medical council. this does not in any way encroach upon the regulations that have been framed under the provisions of section 33 of the indian medical council act. on the other hand in order to promote ..... institutions it comes within the competence of the council to prescribe the necessary qualification of the candidates who may seek admission into the medical college......on the other hand thelanguage in regulation ii which relates to selection of candidates clearly goes to indicate that the council itself appears to have been aware of the limitation on its powers to ..... seats, 108 seats were reserved for scheduled castes and another 108 seats were reserved for scheduled tribes. when the result of pre-medical examination was published only 18 seats in the category of scheduled castes and 2 seats in the category of scheduled tribes could be filled because the other candidates could not acquire the qualifying marks laid down under ..... of study and of determining curricula and the general control of leaching within the university and was responsible for the maintenance of the standards thereof. under sub-section (2)(h) of the act these powers include the power to make regulations regarding the admission of students to the university or prescribing examinations to be recognised as equivalent to university examinations or .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-16-1998
Reported in : AIR1998SC2423; JT1998(5)SC40; 1998(4)SCALE161; (1998)6SCC131; 3SCR740
..... . it has implicit power to supervise the qualifications or eligibility standards for admission into medical . institutions. thus mere is an overall invigilation by the medical council to prevent sub-standard entrance qualifications for medical courses.'the indian medical council act, 19569. section 2 of the medical council act defines various terms used in the act. 'approved institution' means a hospital, health center or other such institution recognised by a university ..... entry 66. in other words, the validity of state legislation would depend upon whether it prejudicially affects co-ordination and determination of standards, but not upon the existence of some definite union legislation directed to achieve that purpose. if there be union legislation in respect of co-ordination and determination of standards, that would have paramountcy over the state law by ..... standards either on an all india or other basis impossible or even difficult. thus, though the powers of the union and of the state are in the exclusive lists, a degree of overlapping is inevitable. it is not possible to lay down any general test which would afford a solution for every question which might arise on this head. on the .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-25-1998
Reported in : ILR1999KAR23; 1999(2)KarLJ656
..... sciences act, the entire scheme of medical sciences has been taken over and thereby no other university except the rajiv gandhi university of health sciences has any power for revaluation or for retotaling of the answer scripts in respect of the examinations conducted by the rajiv gandhi university of health sciences.16. the definitions under section 2(e) and 2(g) reads thus:'2(e) ..... ground that the regulations of rajiv gandhi university of health sciences do not provide for revaluation or retotaling of answer scripts.learned counsel for the appellant relied on annexure-d degree of bachelor of medicine and surgery (mbbs), modified current regulation (mcr), 1990 for the academic year 1991-92. it is the modified current regulation (mcr) of 1990 ..... , (8) submission of laboratory record note books, (9) internal assessment, (10) eligibility for examination and (11) results.11. that on a reading of the regulations covering mbbs degree programme which came into force by virtue of the notification dated 14-10-1996 that nowhere it is provided either for revaluation or for retotaling and it is manifest that ..... the legislature with the intention of bringing out an uniform pattern of education in thefield of medical sciences, the state of karnataka established the university insofar as it relates to degree in health sciences from the academic year of 1994, wherein, all the medical colleges and autonomous institutions of health sciences are deemed to have been affiliated to rajiv gandhi .....Tag this Judgment!
Court : Delhi
Decided on : May-22-1998
Reported in : 73(1998)DLT830; 1998(46)DRJ143
..... for selection to the said posts.2. the respondent institute was established and incorporated under section 3 of the all india institute of medical sciences act (hereinafter called the act). section 5 of the act declares the institute to he an institution of national importance. section 4 sets out the composition of the institute. section 10 of the said act deals with constitution of the governing ..... the regulations. the rule making power is set out in section 28 whereas the power to frame regulations is provided for also in section 29. in pursuance of the provisions of section 28 of the act the central government has promulgated a set of rules called 'all india institute of medical sciences rules' (hereinafter galled the rules). rule 6 provides ..... the director to take decision with regard to the matter relating to direct/lateral entry at levels ii & iii in faculty posts as against the core/ sanctioned strength of the department. such authorisation is also permissible under section 11(3) of the act. the heads of the departments of neurology, neuro radiology, neuro surgery, medicine and surgery submitted ..... detailed justifications to the director for filling up the faculty posts in the concerned departments at levels ii & iii. in pursuance of the justifications submitted by the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-03-1998
Reported in : 1998(5)BomCR368
..... claim are as under.5. the petitioner passed m.b.b.s. examination held in november/december, 1994 and got registered under the maharashtra medical council act, 1965 on 29-2-96. he applied for admission to the post graduation course in medicine for january, 1996 batch, but could not get admission against any of ..... the judgment that the court has considered the possibility of the petitioner's giving required three months notice of discontinuance so as to seek admission to the degree course.20. in the instant case respondent no. 4 had given his resignation for seeking admission to m.d. (medicine) for the same january batch ..... to another and itdid not apply to the candidates who wanted to remain in the same subject but desired to change the course from diploma to degree.'the court has also further held that, because the advertisement given by the dean was not published in time, the petitioner could not have a ..... but as the seat was not available at that time, he had to opt for d.l.o.. thirdly, according to him for other diploma courses there were degree courses, but there was no diploma course for m.d. (medicine) and, therefore, respondent no. 4 could not have opted for any diploma course in ..... through all the relevant provisions and the government resolution dated 24th october, 1991, which contains rules for selection of candidates lor admission to the post graduate degree course. this g.r. is dated 24-10-1991 and they also took me through the entire record of this petition and the case-laws .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-22-1998
Reported in : AIR1999Raj187; 1999(1)WLC667
..... for selection for admission to the postgraduate courses (degree and diploma) in the medical college's in the state in accordance with the criteria laid down by the indian medical council. this does not in any way encroach upon the regulations that have been framed under the provisions of section 33 of the indian medical council act. on the other hand in order to promote ..... excessive we have travelled through the record, and i agree with my learned brother that the material is so scanty, fragmentary and unsatisfactory that we are prevented from expressing any definite decision on the point. although we gave sufficient opportunity to the parties, the requisite material has not been forthcoming. whether or not a reservation of 70% was called has ..... said courses. (3) whether the syndicate is competent to modify the recommendations as recommended by the academic council or it is bound to return the recommendations under section 30(2) of the rajasthan university act or in alternative can acceptor reject the same; (4) in the circumstances of the case, whether it was essential for the syndicate to have accepted the recommendations ..... conditions :--(i) that the classification is founded on an intelligible differentia which distinguishes persons or things that are grouped together from others who are left out of the group, and (ii) that differentia must have a rational relation to the object sought to be achieved. 24. relying on the case of dr. pradeep jain the single bench of punjab and .....Tag this Judgment!