Court : Delhi
Decided on : Jan-13-2000
Reported in : 2000IIAD(Delhi)288; AIR2000Delhi128; 83(2000)DLT499; 2000(52)DRJ455
..... in para i of the third schedule, by virtue of sub-section (1) of section 13 of the act shall also be recognised medical qualifications for the purpose of the act subject to the conditions mentioned in sub-section (2) of section 13. sub-section (3) of section 13 is the relevant provision with which we are concerned, by ..... a subsequent decision dated 17.10.1996 but to the extent that students admitted up to 1.1.1991, namely, i.e. completing their medical degree by 1.1.1997 will be permitted for the internship as against the earlier decision permitting the students admitted up to 1.1.1995. this ..... permitted only after completing full medical degree course of 6 years duration: as against earlier decision permitting the students to do internship during the 6th year degree course in erstwhile ussr; provided they meet the other eligibility criteria and provisions of relevant sections of the i.m.c. act 1956 in this regard.this ..... . the sole contention of the appellant is that a decision was taken by the appellant not to grant registration to indian students holding medical degree from recognised medical institutions of erstwhile u.s.s.r. unless they fulfill the eligibility criteria laid down by the court for m.b.b.s. ..... in government or other hospital at the junior most level is also on the basis of selection. thus, even after a candidate possesses a medical degree still he has to undergo the process of merit evaluation at all levels for any progression in the profession. even if he chooses to be .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-06-2000
Reported in : 2000(6)ALD710; 2000(6)ALT644
..... to extract the paragraphs 3 and 4 of the counter-affidavit.'3. that as per the regulations on post graduate medical education framed by the medical council in the year 1988 under section 33 of the indian medicalcouncil act the stipulated eligibility qualification for admission to dm (cardiology)is md (medicine) ant! md (paediatrics). even in ( ..... dm/mch. courses. it is also seen from this letter that for teaching appointments one has to possess two years training in a recognised medical college having recognised postgraduate medical degree in the concerned speciality for appointment as a lecturer. having received the said clarification, the university seemed to have placed the matter before the ..... aside the admission given to the third respondent. in fact my brother justice v. eswaraiah, j., made it very clear in his interim orders dated 2.5.2000 that the admitted candidate shall not claim any equities in the event the writ petition is allowed. the counsel for the 3rd respondent tries to ..... new delhi, and which according to the petitioner is not an educational qualification prescribed for admission to d.m. cardiology, this writ petition is filed.2. this court while admitting the writ petition directed the respondents to make it clear to the admitted candidate that his admission will be subject to the result ..... order1. questioning the action of the respondents 1 and 2 in giving admission to d.m. cardiology to the 3rd respondent, who it is alleged has passed d.n.b. examinations conducted by .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-15-2000
Reported in : ILR2001KAR2263; 2001(1)KarLJ492
..... definition to an in-service candidate has been given by including within the meaning of in-service candidates the persons belonging to the karnataka health and family welfare services, karnataka medical education service, esi scheme (medical services), and autonomous medical institutions established by the government under the karnataka societies registration act, 1961. therefore, the persons who are made eligible for admission to postgraduate degree ..... -karnataka power corporation limited (hereinafter referred to as the 'corporation')- in these petitions, they have prayed for striking down rule 2(h) of the karnataka conduct of entrance test for admission to postgraduate degree and diploma (medical and dental) courses rules, 1987 (hereinafter referred to as the 'rules'), as unconstitutional; or in the alternative to strike ..... generally to the patients affected from road accidents and other causes. in all these institutions, the admission and treatment is not limited to any particular section of the society like the medical facilities extended in an industrial unit. if all these aspects are kept in mind by the state, as claimed by it, and on that basis ..... 5. having heard the learned counsel appearing for the parties, the only question that would arise for consideration in these petitions is as to whether the rule 2(h) of the rules, which excludes the doctors working in the 5th respondent-industrial undertaking from being considered for admission to the post graduation course is required .....Tag this Judgment!
Court : Delhi
Decided on : Feb-23-2000
Reported in : 2000IVAD(Delhi)519; 85(2000)DLT579; 2000(54)DRJ78
..... for selection.'6. learned senior counsel further submitted that as per the relevant regulation of mci also, which are framed by it in exercise of powers conferred by section 33 of the indian medical council act, 1956, no such condition is stipulated. reliance is placed on para 3 of schedule 1. scedule 1 stipulates the norms which every appointing authority, before making appointment ..... relevant portion of the appointment letter dated 5th may, 1999 issued y respondent no. 2 reads as follows:-'this offer appointment is subject to production of documentary proof that your p.g. degree md (radio) is recognised by medical council of india.'10. since admittedly the petitioner's degree was not recognised by mci, she was not eligible for appointment. it was also ..... service on the post of senior resident was extended up to 14th may, 1999.3. after the result of the interview was declared, respondent no. 2 asked the petitioner to produce proof that her post graduate degree was recog-nised by medical council of india (hereinafter referred to as mci, for short). petitioner replied to the same stating that recognition of post graduate ..... of he respondents is clearly bad in law; in asmuch as: (i) as mentioned above, this condition of having pg degree/diploma from recognised university cannot be imposed in the cases of petitioners at this stage after their appointment. (ii) in terms of clause-10 of the appointment letter, the relevant considerations re the satisfactory work and conduct for renewal of .....Tag this Judgment!
Court : Chennai
Decided on : Mar-20-2000
Reported in : 2002ACJ1203; AIR2000Mad305; (2000)IIMLJ414
..... be maintainable. as held in laxman case, : 1scr206 by this court, a medical practitioner has various duties towards his patient and he must act with, a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. this is the least which a patient expects from a doctor,'17. in ..... state of maharashtra v. kanchanmala vijaysing shirke, . in nagendra rao case some goods had been confiscated pursuant to an order passed under section 6a of the essential commodities act, 1955. the said order was annulled but due to the negligence of the officers concerned goods were not found to be of the ..... the law declared by the hon'ble supreme court and also the passages extracted from the textbook on medical negligence and compensation, it is clear that the defendants 1 and 2 did not act as was expected of them under law.20. the only question that requires consideration is, whether the ..... for the relief claimed in the suit?'12. according to me, appellants are not entitled to challenge the finding regarding negligence when defendants 1 and 2 have not preferred any second appeal. as against them, the judgment has become final. appellants herein are made liable only on the principle of ..... allowed the second defendant to remove the stitches. panchavamam was not given proper care. only due to the negligence of the defendants 1 and 2. panchavamam died.4. all the defendants disputed the claim of plaintiff, and contended that they have exercised the skill expected of them, and there .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-01-2000
Reported in : 2000(2)ALD179; 2000(1)ALT666
..... madhya pradesh challenging the validity of the order of the state government inter alia on the grounds that the government order contravenes regulation ii of the medical council of india and would be hit by section 19 of the indian medical council act and that the impugned order enables less qualified candidates to get admission to mbbs course and, therefore, it is violative of articles ..... v. state of bihar, : (1992)iillj321sc , it was held that where a university had started a pot-graduate course with the consent of medical council and the same was recognised by the state government, the plea that the degree was of no value is not maintainable.34. in state of m.p. v. nivedita jain, : 1scr759 , the court decided the validity ..... the subject matter fell in the slate list vide entry 15 of list ii and the concurrent list vide entry 25 of list iii. the veterinary council of india framed regulations relating to standards of veterinary education, called indian veterinary council of india (minimum standards of veterinary education) degree course (bvsc & ah) regulations, 1993. regulation 5.8 of the same provided that ..... of state government's order relaxing the conditions relating to minimum qualifying marks for students belonging to sc and st for selection to medical colleges in the state. by the executive .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-04-2000
Reported in : (2000)2GLR1684
..... advanced at the bar.12. the gujarat university has framed rules governing admission to post-graduate degree and diploma medical courses other than m.ch and d.m. at the medical colleges affiliated to it in exercise of powers under section 39 read with section 32 of the gujarat university act, 1949. we may mention that in dr. vikram k. shah & ors (supra) the ..... petitions, which are filed under article 226 of the constitution, relates to admission to post graduate degrees and diploma medical courses at the medical colleges affiliated to (i) gujarat university, ahmedabad, (ii) maharaja sayajirao university, baroda, (iii) saurashtra university, rajkot, and (iv) south gujarat university, surat.2. special civil application no. 5607/96 is filed as public interest litigation by an association ..... dr. narayan sharma and anr. v. dr. pankaj kr. lehkar and ors. air 2000 sc 72, the supreme court considered the question whether sub-rule (ii) of rule 4 of assam medical colleges (regulation of admission to post-graduate courses) rules, 1997 providing for reservation of 4 seats for candidates recommended by north estern council was valid or not. ..... any other university located in gujarat state and not completing any post-graduate course, will be considered after selection of candidates in the merit list as per rule 4.2. it further provides that before a candidate graduating from any other university located in gujarat state and not completing any post-graduate course is considered after selection of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-14-2000
Reported in : 2000(4)ALD606; 2000(4)ALT454
..... government is required for establishing medical institutions. under section 12 of the imc act, the medical council of india shall recognise the qualifications/degrees awarded by the medical institutions outside india on the basis of the scheme of reciprocity. the letter purported to have been issued on 22-2-1999 cannot be termed as establishing reciprocity for recognising the degrees. it is stated that the ..... not apply'from the reading of very definitions, the petitioners would not fall within thecategories referred to above. as already stated the institution was established at dar-es-salaam, tanzania with permission of the tanzanian government and its degrees were also recognised by the said government. under section 20 of a.p. education act, 1982 permission to establish each institution ..... are for mbbs, offered by the foreign university and if the ntr university of medical sciences and the government issued such notifications stating that it has not been recognised by the medical council of india, or no permission was granted to the institution, it would definitely have a very adverse impact on the course offered by the foreign university. ..... without any basis. the petitioners themselves have clearly stated the facts that it is not recognised by the medical council of india. by giving such press notification by the government or by the health university, it will have a definite bearing on the minds of the people to view the situation suspiciously. the notification itself has made it .....Tag this Judgment!
Court : Patna
Decided on : Feb-18-2000
..... the faculty under the 1951 act and were granted certificates and conferred degrees, for the g.a.m.s. course by the faculty. their further cases is that the central act of 1970 provides, for recognition of medical qualifications granted by certain medical institutions in india which are included in the ii schedule and as per section 14 of 1970 act, all such medical qualifications granted by any university ..... , board or other medical institution in india shall ..... be recognized medical qualifications for the purposes of this act. iind schedule to the act of 1970 contains statewise entries and entry nos. 6 to 9a relate to institutions/universities of bihar. as per entry no. 6 the g.a.m.s. degree .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-25-2000
Reported in : 2000(2)ALD593
..... other factors which may be prescribed. the prescriptions in this regard could be enumerated by way of regulations by ihe medical council of india in view of the definition of the expression 'prescribed' occurring in section 2(g) of the act.42. the act is a piece of a regulatory legislation conceived and enacted inter alia to co-ordinate and determine the standards in institutions ..... of higher education and technical institutions. engendering quality and standards in the field of medical education is the legislative animus for the act and in the ..... in such manner and accompanied with such fee as may be prescribed. 'prescribed' has been defined in section 2(g) to mean as prescribed by the regulations made by the medical council of india under section 33 of the act. other provisions in subsection (2) of section 10-a set out the manner and method in which the scheme submitted is to be processed by ..... would necessarily result in invalidation of the admissions made in may/june, 1998 and january, 1999 and the medical council of india would be well within its rights qua the provisions of section 10-b of the act to decline recognition of the degrees obtained by such students as would be the university of health sciences within its rights to decline permitting such .....Tag this Judgment!