Court : Gujarat
Decided on : Apr-17-2001
Reported in : AIR2002Guj1; (2001)2GLR1521
..... the council of alternative systems of medicine & anr. v. state of west bengal & ors., reported in 1991 (2) clj 173. the said decision, after having considered the scope and effect of indian medical council act, 1956 and indian medical degrees act, 1916, particularly considers the scope and effect and application of the system of therapy popularly known as 'naturopathy'. in this context ..... a cure by controlling diet, the senses and breathing, does not contravene any statute. however, as already noted hereinabove, the definition 'to practice any system of medicine' as found in section 2 of the gujarat medical practitioners act, 1963, defines that the practice of naturopathy ipso facto shall not be deemed on that account only, to be a practice ..... where professional degrees would be awarded. 4. so far as the first concept is concerned, viz., 'practice of naturopathy', it would appear that the same would not require any professional qualification under any law for the time-being in force. 5. in this context, it is relevant to consider section 2 of the gujarat medical practitioners' act, 1963, ..... 12. in the context of prayer (c) it merely requires to be noted that the gujarat ayurved university act, 1965 establishes 'the gujarat ayurved university'. section 2, sub-section (4) defines 'ayurvedic system of medicine' which includes the nisargopachar system. section 27 deals with affiliation, recognition and approval of colleges applying for affiliation to the university (for the broader purpose .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-06-2001
Reported in : 2002CriLJ1218
..... have to be looked into are as under :u. p. acts (1) the united provinces medical act, 1917 ( u. p. act no. iii of 1917) (2) the united provinces indian medicine act, 1939 (u. p. act x of 1939) central acts (1) indian medical degrees act. 1916 (act no. vii of 1916) (2) indian medicine council act. 1956 (act no. 102 of 1956) (3) indian medicine central council act, 1970 (act no. 48 of 1970) (4) homoeopathy central council ..... of degree or diploma or certificate in ashtang, ayurveda, siddha or unani tibb is not included in the schedule and he cannot get his name entered in the register of medical practitioner which is maintained under this act as the schedule refers to only allopathic qualification.14. now we come to most important enactment namely, the indian medical council act, 1956. section 2 of the act gives that definition ..... act, 1973 (act no. 59 of 1973) (5) drugs and cosmetics act. 1940 (act no. 23 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-24-2001
Reported in : AIR2001SC3262; 93(2001)DLT97(SC); JT2001(7)SC12; 2001(5)SCALE430; (2002)1SCC428; 2001(4)SCT150(SC)
..... the institute will have the power to grant medical degrees, diplomas and other academic distinctions which would be recognised medical degrees for the purpose of the indian medical council act, 1933'.4. a reference to a few provisions of the act is apposite. section 5 declares that the institute shall be an institution of national importance. section 13 specifies the objects of the institute as ..... , i.e., doctors already in the employment (of government and semi-government bodies) and open category candidates which included all candidates, other than those falling within the definition of in-service candidates. this court held that the state government had undoubted power, as a matter of policy, insofar as the admissions to super-specialty and p. ..... on the ground of institutional preference though justified a reasonable institutional preference being allowed, 'for the present' having regard to (i) broader considerations of equality of opportunity; and (ii) institutional continuity in education.37. the facts of dr. jagdish saran and ors. v. union of india : 2scr831 : 2scr831 are very near to the present ..... a larger percentage of reservations for the backward would be justified at this level. these are required in individual as well as national interest;(ii) at the stage of postgraduate education in medical specialities, the element of public interest in having the most meritorious students of right caliber. this supervening public interest out weights the social equity .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-29-2001
Reported in : AIR2001SC3303; 93(2001)DLT291(SC); JT2001(7)SC342; 2001(5)SCALE573; (2001)8SCC61; 2001(4)SCT336(SC); 2001(3)SLJ468(SC)
..... . the stand of respondent no. 1 is that the medical degrees granted by the aiims are recognised as medical qualifications for the purpose of the act and has been included in the schedule to the act as recognised dental qualification within the meaning of section 2(j) of the act; that the provisions of section 3(d) of the act must be liberally construed in such manner as to treat ..... court or the senate, the syndicate etc. vide section 4 and 10 of the act. it has the power to grant degrees and medical diplomas under section 24 of the all india institute of medical sciences act, 1956 [for brevity 'aiims act']. the degrees and diplomas awarded by the institute enjoy statutory recognition in view of section 23 of the aiims act. 2.3 the concept of deemed university was incorporated in ..... the ugc act, 1956. the aiims is not a deemed .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-18-2001
Reported in : (2002)2BOMLR272; 2002(1)MhLj906
..... the schedules; (k) 'state medical register' means a register maintained under any law for the ..... medicine; (h) 'recognised medical qualification' means any of the medical qualifications included in ..... third schedule to the imc act and also having undergone the training as required under section 12(2) of the imc act. 4. it would be convenient at the outset to set out the relevant provisions of the imc act, 'section 2. definitions : (d) 'indian medical register' means the medical register maintained by the council; (e) 'medical institution' means any institution, within or without india, which grants degrees, diplomas or licenses in .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-13-2001
Reported in : AIR2002Bom22; 2002(1)ALLMR105; 2002(2)BomCR734; (2002)1BOMLR9; 2001(4)MhLj553
..... of ensuring that their behaviour and conduct is consistent with the faith imposed upon on them by the society to benefit those in distress. these regulations are contained in indian medical degrees act, 1916 and indian medical council act, 1956 which are applicable in the field of allopathy system of medicine. right to practice in homoeopathy is regulated by the homoeopathy central council ..... council of india or by the central council of indian medicines or (iii) has been conferred granted or issued by a body or institution referred to in sub-section (1) of section 35. a contravention of sections 33, 33-a ..... . section 36 imposes a prohibition on the addition of any title or description to the name of any person reflecting a qualification to practice and system of medicine unless the person concerned holds such a degrees, diplomas, licence or certificate and this degree or diploma is (i) recognised by any law for the time being in force in india or (ii) recognised by the medical ..... , 34, 35, 36 of the act is made an offence which is punishable with .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-17-2001
Reported in : JT2001(8)SC3; 2001(6)SCALE358; (2001)8SCC706; 2001(4)SCT422(SC); (2002)1UPLBEC214
..... or promoted or any admission to be taken to a course of study of any university relating to conferment of any degree, diploma or certificate in the said learning without prior permission of the state government under section 2 of the said act.the high court has lost sight of the fact that affiliation or recognition had been granted to the appellant-college on ..... to him to move the high court when the review petition is filed. the high court would decide whether or not to entertain his plea. so far as mazaffarpur homeopathic medical college & hospital is concerned, it may also follow the same procedure and move the high court for permission to seek review of the order. all these petitions will stand disposed ..... examinations and confer, grant or issue degrees, diploma or certificates in the homoeopathic system of medicine and frame rules and do such other ancillary acts. while disposing of the writ petitions from which the review petitions arose the high court had relied upon the bihar homoeopathic medical educational institutions (regulation & control) act, 1987 [hereinafter referred to as 'the 1987 act'] which came into force on .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-27-2001
Reported in : 2001(4)ALD289; 2003(3)ALT456
..... for the post of professor, it is mentioned that all teachers in clinical and non-clinical subjects must possess mbbs degree or equivalent qualification as entered in the schedule to the indian medical council act, 1956 (for brevity'the central act'), in addition to possessing pg qualification like md/ms/dse etc.11. therefore, all teachers (assistant surgeons) in ..... same. as already noticed, the supreme court in r.k. kashyap's case (supra) dealt with similar situation and observed that in the absence of any definite rules or administrative guidelines to post juniors on ad hoc basis in higher post without considering the claims of seniors would not by itself allow the juniorson ad hoc ..... the constitution of india. in exercise of the powers conferred by section 33 of the said act, the medical council of india with the previous sanction of the central government made 'minimum qualifications for teachers in medical institutions regulations, 1988 (for short 'the mc regulations'). regulation 2 declares that appointment of medical teachers with minimum qualifications and experience in various departments of ..... teachers who possess eight years' teaching experience out of which at least five years' teaching experience as lecturer or asst. professor gained after obtaining the higher speciality degree shall be recognised as postgraduate teachers: provided that in the case of super-speciality courses which are being newly instituted, matter regarding relaxation of qualification and experience of .....Tag this Judgment!
Court : Delhi
Decided on : Mar-21-2001
Reported in : AIR2001Delhi380; 90(2001)DLT805; 2001(59)DRJ281
..... subject to several conditions enumerated therein. the government of india also granted permission vide letter dated 15.1.96, under section 10a of imc act in favor of the trust to set up a private medical college at ghaziabad for conducting mbbs degree course with only 50 admissions annually. this permission was granted for a period of one year to be renewed on yearly ..... on first floor is being renovated and the work is likely to be completed. as such the college has no infra structure and man power to teach the medical graduates the curriculum of ii m.b.b.s. and onwards. according to the director it will be ready by 31.10.1997.9. thereafter the college submitted compliance report and a further ..... its president mr. o.p. saxena, advocate, has filed this writ petition under article 226 of the constitution of india seeking a through cbi probe into the affairs of medical council of india, respondent no. 2 and santosh medical & dental college, ghaziabad respondent no. 4 which is being run by a trust known as maharaja educational trust, respondent no. 3 herein. the said ..... , whole-time inspector of mci. the concluding portion of the report is as under:-remarks & conclusion: 1. the pre-clinical departments have adequate infrastructural facilities and staff for 50 students. 2. the para-clinical departments namely pharmacology, pathology, microbiology, forensic medicine and community medicine has been established by construction of a new para-clinical block along with space for staff rooms .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-05-2001
Reported in : AIR2001Kant302; ILR2001KAR3502
..... 39/2000, students who have passed out from the petitioner-college have assailed the denial of permission to appear in the competitive test held by the all india institute of medical sciences for admission to different post graduate dental courses.3. the controversy arises in the following circumstances :--pursuant to an order dated 8th of june 1992 issued by the state ..... by the said two universities by reference to the institutions offering such degree courses.43. mr. haranahally however argued on the basis of the notifications dated 10th of august 1999 issued by the govt. of india in terms of section 10(2) of the dentist act that dental qualifications awarded by bangalore university and three other universities in the state of karnataka were ..... whether an institution which did not have the requisite affiliation from the university could be said to have been established within the meaning of section 10c of the dentists act. according to mr. naik, in the absence of any definition of the term 'establish' used in the said provision, the same should be given the widest possible meaning. the question then is ..... be said to have been established under section 10c of the dentists act, even when it did not have the requisite affiliation from the university concerned, fell directly for consideration of this court in jeevatha reddy v. state of karnataka d.d. 10th sept. 1999. this court held that in the absence of any statutory definition of what would constitute 'establishing an institution .....Tag this Judgment!