Court : Madhya Pradesh
Decided on : May-10-2002
Reported in : AIR2003MP114; 2003(1)MPLJ375
..... other than m.d. (pathology and microbiology). the petitioner places reliance on section 10a of the indian medical council act, 1956 and submits that the university can grant the recognised medical degree subject to the course it adopts. as per sub-section (1) of section 11 of the act, the medical qualifications granted by any university or medical institution in india which are mentioned in the first schedule shall be ..... recognised medical qualification for the purposes of the act. the petitioner submits that in rani durgavati vishwavidyalaya, jabalpur, the course ..... , indore before whom the same objection had been raised and as per notification dated 19-2-1998 annexure a/8, devi ahilya vishwa vidhyalaya amended the degree. the learned counsel further submits that since in the schedule to section 11 of the act. m.d. (pathology) has been mentioned as medical qualification, efforts were made by the petitioners in acquiring the qualification and as such .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-22-2002
Reported in : AIR2003P& H213
..... completion of practical training or rendering service as envisaged under sub-section (4). thus, the question of imposition of passing of screening test despite ..... prescribed period in employment in a resident medical capacity in any approved institution or the medical service of the armed forces of the union, as the case' may be, shall, be entitled to registration in the state medical register under section 15 of the act. thus, the moment a candidate has been provided provisional registration under sub-section (2) of section 25, becomes entitled to permanent registration upon ..... having been applied and reflected in pursuant to section 13(3) of the act and the said institutions having been included in part-ii of the third schedule provided to the act. thus, the acquisition of medical qualification from the said institutions is to be treated equivalent to the medical qualification acquired in india i.e. mbbs. the degree in medical education which has been acquired by the .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-22-2002
Reported in : 2003(87)ECC672; (2002)4GLR3153
..... the schedule to the indian medical degrees act, 1916 (7 of 1916), or notified under section 3 of that act or by an authority specified in any of the schedules to the indian medical council act, 1956 (102 of 1956).' 7. on a bare reading of section 102 and section 103 of the said act it would clearly reveal that so far as section 102 of the said act is concerned, a person to ..... proceedings stand vitiated for having not observed the provisions made in section 102 of the said act. it has also been argued that even at the stage of section 103 of the said act, the complainant was required to follow the provisions made in sub-sections (2), (3), (4) etc., of section 103 of the said act. it is also his argument that these provisions have not been ..... and consequently the entire criminal proceedings before the court had also vitiated.10. it is not much in dispute that the provisions made in sub-sections 1, 2, 3, 4, 5 etc., of section 103 of the said act have not been followed by the customs department. in the present case, however, the learned advocate for respondent no. 1 has argued that under sub ..... petitioner could not avail of the opportunity, which would otherwise be available to him on receipt of summons in accordance with the provisions made in sub-sections (1), (2) and (3) of section 108 of the said act.14. the learned advocate for respondent no. 1 has argued in reply that question of issuance of summons may come into play if the person concerned .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-11-2002
Reported in : AIR2002All370
..... under this clause shall not apply to the category of other backward classes as sections specified in schedule ii to the uttar pradesh public services (reservation for schedule castes, scheduled tribes and other backward classes) act, 1994.(b) admission to medical and engineer colleges and to course of instruction for degrees in education and ayurvedic or unani systems of medicine (including the number of students ..... amend and consolidate the law relating to certain universities, section 28 of the act provided for admission committee. section 28(5) was substituted by u.p. act no. 15 of 1980 in following manner :--'(5). notwithstanding anything contained in any other provisions of this act, admission to medical and engineering colleges and to courses of instruction for degrees in education or ayurvedic and unani systems of medicine ..... ground also. by making one category of reservation i.e. reservation provided in u.p. act no. 4 of 1994 all other categories of reservation have been excluded by section 28(5) of u.p. state universities act, 1973.(4) medical council of india under the indian medical council act, 1956 is authority competent to make regulation for governing regulation for prescribing standard of post graduate .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-25-2002
Reported in : 2002(1)AWC825; (2002)1UPLBEC777
..... to any university or any other institution which may be legally empowered to award a diploma. section 3 of the indian medical degrees act, 1916 (act no. 7 of 1916) provides that the right of conferring, granting or issuing in the states degrees, diplomas, licences, certificates or other documents stating or implying that the holder, grantee or recipient ..... terms and conditions specified above.'7. the appointment order clearly shows that it was for a fixedperiod i.e.. from 1.1.2001 to 28.2.2001. the appointment was not extended any further. in the writ petition, the petitioner has challenged the order by which he was informed that his ..... and conditions of the appointment and condition nos. 1 to 3 are being reproduced below :'(1) your appointment is effective from 1st january. 2001. (2) your appointment is on temporary basis only for a period from 1st january, 2001 to 28th february, 2001 which may be extended or reduced at the ..... complete his diploma in child health which will come to an end on 31.12.2001.'2. the writ petitioner moved an application on which the following order was passed on 11.1.2002 :'heard shri vishwa ratan dwivedi learned counsel ..... reside in doctor's hostel in room no. 14 of kamla nehru memorial hospital, allahabad and the effect and operation of the order dated 28.2.2001 and 16.3.2001. annexure-5 to the writ petition, shall remain stayed. the respondents are further directed to permit the petitioner to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-17-2002
Reported in : AIR2002SC2642; JT2002(5)SC210; 2002(5)SCALE233; (2002)6SCC252; 2002(3)SCT667(SC); 2002(2)LC1029(SC); (2002)3UPLBEC2001
..... 11 which governs promotion,was rejected by this court holding that the recruitment rules have to be read consistently with the 1970 act and 1968 act as well as the government notification dated 21.2.1978 which recognizes diploma/degrees awarded by the hindi sahitya sammelan during the period 1931 to 1967 only. this court declared that the qualifications acquired by the ..... vaidya) under the state of himachal pradesh. this court held that the second schedule to the indian medical central council act, 1970 came into force in the state of himachal pradesh on 15.8.1971 which clearly mentioned the period for which diploma/degrees awarded by the hindi sahitya sammelan were recognized. the respondent obtained qualification after this period for which ..... the candidates admitted or it is based on irrelevant and irrational considerations or intended to benefit an individual or a group of candidates.11. this court in delhi pradesh registered medical practioners v. director of health, delhi admn. services and ors., : (1997)11scc687 , rejecting the contention that proper consideration had not been given to the standard of education ..... had the eligibility qualification for admission in general nursing and midwifery and staff nurse course (hereinafter referred to as 'nursing course') commencing in the year 1990? the director, medical and health services had invited applications by 15.12.1989 from eligible candidates for admission in the nursing course to be started from january, 1990. it was stated in .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-05-2002
Reported in : RLW2003(3)Raj1459; 2003(2)WLC581
..... 1987, such relaxation should be applied and should be made available in favour of those candidates, who have not obtained the degree of md in forensic medicine, cannot be accepted.(ii) that medical council of india in exercise of the powers conferred upon it by section 33 of the act of 1956 framed regulations of 1998 and the same prescribe minimum qualifications for appointment of ..... were also treated as qualified, for promotion to the post of lecturer (asstt.professor) in forensic medicine.(viii) that in exercise of the powers conferred by section 33 of the act of 1956, the medical council of india framed regulations of 1998 and as per the regulations of 1998, the requisite qualification for the post of assistant professor/lecturer in forensic medicine ..... of india have been duly approved as regulations by the government of india vide order dated 5.6.1971 while exercising the powers conferred under section 33 of the india medical council act, 1956 (hereinafter referred to as 'the act of 1956'). a copy of the said regulation is marked as annex.r/12. a perusal of the said regulations, annex.p/12 ..... medical teachers and for the purpose of appointment to medical teachers in forensic medicine, the qualification of md in forensic medicine is must, .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-23-2002
Reported in : (2003)105BOMLR119
..... .s.a.m. (bachelor of ayurved in medicine and surgery). the petitioner no. 2 is holding a degree of a.v.m.s. (ayurvedic vigyanacharya with modern medicine and surgery). they are all registered under the maharashtra medical practitioners act, 1961 read with section 17 of the indian medicine central council act, 1970. on the basis of the said qualifications, the petitioners were appointed on 28 ..... -iii at various primary health centers/dispensaries run by the zilla parishad, dhule.2. the qualifications of the petitioners are included in the second schedule of the indian medicine central council act, 1970. section 17(3a) of the maharashtra medical practitioners act, 1961 provides that :notwithstanding anything contained in any law for the time being in force. every person enrolled on the register ..... .8.1980, 21.4.1979 and 28.8.1980 respectively as medical officers (health)class .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-07-2002
Reported in : 2002(4)ALLMR804; 2003(2)BomCR867
..... medicine, bombay, inasmuch as petitioner has been duly registered and a certificate has been issued by the board, that he was registered under the maharashtra medical practitioners act, 1961 read with section 17 of the indian medicines central council act, 1970. mr. haq, therefore, submitted that the standing committee as well as the additional commissioner committed an error in not selecting the petitioner. ..... candidate and there is no legal right in the petitioner for getting the appointment. it is also submitted that the respondent no. 2 holds b.a.m.s. degree which is recognised by the state of maharashtra as well as medical council and since he was found more suitable for the post, he came to be selected. in such circumstances, no legitimate ..... of six years duration, petitioner had qualified for the post of ayurvedic vaidya. as against that, the qualification of respondent no. 2 was not in accordance with the requirements of the standing committee inasmuch as he was holding degree of b.a.m.s. having undergone course of four and half years duration. mr. haq further contended that the standing ..... committee dated 10th of august, 1987 annexure e so also the order passed by the additional commissioner confirming the order of selection of respondent no. 2. in fact petitioner claimed that he has acquired necessary qualification as he has obtained degree of ayurvaidyacharya after having undergone course of six years. he has produced the certificate issued by the university conferring .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-16-2002
Reported in : 2003(1)AWC656
..... the consultation has been disclosed by the respondent, nor it is claimed that the appellant has been re-examined by any higher medical authority. we are not prepared to act on the vague allegations in the counter-affidavit referred to above. in view of all the relevant circumstances of the case we ..... 40% and it will be open to the authority concerned to have the appellant re-examined by a properly constituted medical board for reassessment of the disability with effect from 1.2.1993.'10. in view of what has been stated above, it is abundantly clear that the stand taken by the ..... under regulation 173 of the pension regulation part i. 1961. it is contended that vide rule 3 of the entitlement rules laid down in appendix ii to pension regulations part 1, 1961, it is necessary that there should be a causal connection between disablement and military service for attributability or aggravation ..... have arisen during service.' 5. thus, it is contended that from the documents. annexures-1 and 2 to the writ petition, it is apparent that the petitioner has been discharged because of the medical lower category, which is attributable, or aggravated by the military servicebecause at the time of the recruitment ..... vide order dated 16th july, 2002, for the reasons to be recorded later on. now here are the reasons for allowing the aforesaid writ petition.2. the petitioner by means of present writ petition claimed for the following reliefs :'(a) issue a writ, order or direction in the nature of mandamus .....Tag this Judgment!