Court : Karnataka
Decided on : May-30-2005
Reported in : ILR2005KAR3194; 2005(6)KarLJ410
..... karnataka conduct of entrance test for admission to post graduate medical, dental, degree and diploma courses rules 2003. the said rules have been made in exercise of powers conferred under section 14 of the karnataka educational institutions (prohibition of capitation fee) act, 1984, section 2(g) of the said rules defines in-service candidates as follows:'2(g) 'in-service candidate' means, persons belonging to the health ..... of the state. the aggrieved person has to make an application under section 14 of the act to the administrative tribunal constituted under the act for the redressal of his grievance.24. the definition of 'in-service candidates' as provided in karnataka conduct of entrance test for admission to pg medical and dental degree and diploma courses rules 2003 includes not only the persons belonging to ..... health and family welfare services but also the persons belonging to medical education services, employees of state .....Tag this Judgment!
Court : Delhi
Decided on : Mar-07-2005
Reported in : 119(2005)DLT66; 2005(2)ESC1355; 2006(1)SLJ256(Delhi)
..... for 15 years of minimum qualifying service(without weightage) actually rendered for earning service pension. grant of service pension is regulated by regulations under section ii of pension regulations dealing with service pension and gratuity, while section iv of the pension regulations incorporates provisions relating to disability pension.13. regulation 183 of pension regulations for the army, 1961(part-i) provides ..... his disability `mylagia back' was assessed at 33% for two years and was, accordingly, granted disability pension. the same was, however, stopped w.e.f.24.2.1988 by ccda(p) on re-survey medical board, held in february, 1988, assessing his disability less than 20%. the decision in this regard was, however, communicated to the petitioner in august, 1990 only ..... has not rendered sufficient service to qualify for service pension, he would still be entitled to service element of disability pension to the extent indicated in (b)(i) or (ii), as the case may be. there is, thus, absolutely no justification on the part of the respondents to have denied service element of disability pension to the petitioner on ..... 's request for a review medical board. had the respondents acted on the request of the petitioner within a reasonable time, the petitioner would not have been denied of his legitimate claim of disability element of disability pension for all these years. the findings of resurvey medical board held in july, 2002 assessing. the petitioner's degree of disability at 30 per .....Tag this Judgment!
Court : Orissa
Decided on : Feb-02-2005
Reported in : 96(2005)CLT363
..... are, (i) whether in view of the provision of section 2(t) and section 39 of the disabilities act, it is permissible for the medical council to stipulate that persons suffering from 50 to 70% disability only shall be entitled to the benefits of statutory reservation for physically handicapped or persons with disability and (2) whether such degree of disability could only be confined to locomotor disability ..... 6 thereof.12. it is submitted by the medical council that the rationale behind the upward revision from 40-60 ..... ) of the act read with rule ..... the medical council in purported exercise of its powers under section 19(a) of i.m.c. act as an expert body in the field of medical education could legitimately take a decision in fixing a higher degree of disability for a person to be eligible to apply for the concession or benefits admissible under schemes of the government, contrary to the mandate in section 2(t .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-01-2005
Reported in : 2005(4)ALLMR98
..... dated 14th february, 1992. by that notification in exercise of the powers under sub-section (3) of section 12 of the indian medical council act, 1956 the central government after consultation with the medical council of india amended the second schedule and included the following universities from pakistan with the degree as notified in the second schedule. the universities were:-university of sind m.b.b ..... contend that they are entitled to practice even after omission in the second schedule by the notification of 1999. section 12 permits the central government after consultation with the medical council of india to amend the schedule provided the requirement of sub-section (2) of section 12 have been met. in the instant case though it is not on record, on behalf of the union ..... were included in schedule ii of notification dated 14th february, 1992 have been deleted from the second schedule. in other words those entries no longer form part of the second schedule from 17th november, 1999.4. on behalf of the petitioners their learned counsel contends that considering the language of section 15 and section 12 of the indian medical council act, 1956, once the petitioners .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-12-2005
Reported in : AIR2005SC3485; [2005(107)FLR634]; JT2005(8)SC271; (2005)7SCC567; 2006(1)SLJ39(SC)
..... by the state in exercise of its statutory power.(iii) to accept a proposition that a candidate who holds a b.ed. degree, that is, higher degree cannot be deprived appointment to the post of primary school teacher would negate the aims and objects of the rules for the purpose ..... the child psychology and development of a child at tender age. as already noticed, the candidates like the appellants who are trained in b.ed degree are not necessarily to be equipped to teach the students of primary class. they are not trained and equipped to understand the psychology of a ..... leave. (a) the whole controversy revolves around for determination is as to whether the appellants who have obtained b.a./b.ed./ph.ed degrees can be equated with the candidates who are the holders of junior basic training/primary teacher training certificate for the purpose of appointment to the post ..... of this court considered an identical question with regard to the registration as medical practitioner of the medical council act of 1956. this court held that the qualification of mbbs is a condition precedent for a candidate being registered in state medical register maintained by the state board. in that case the 2nd respondent ..... appeal filed by the respondents herein was allowed by setting aside the order of the learned single judge.2. briefly stated, the facts are as follows:the appellants are the holders of b.ed. degree. they applied for the post of primary school teacher in the district of nadia, west bengal. pursuant .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-01-2005
Reported in : 2005(2)ESC864
..... to an obvious source (hallucinations) and assigning unusual significance or meaning to normal events or holding fixed false personal beliefs (delusions). no single symptom is definitive for diagnosis; rather, the diagnosis encompasses a pattern of signs and symptoms, in conjunction with impaired occupational or social functioning (source : dsm-iv available ..... to his service or worsening did not persist on the date of discharge/claim,22. assessment of degree of disability is entirely a matter of medical judgment and is the responsibility of the medical authorities...................appeals:23. right of appeal.--where entitlement is denied by the pension sanctioning authority on initial consideration ..... competent authority to discharge from service persons subject to the act specified in column 1 thereof on the grounds specified in column 2.(2)............,..........(3).......................tablecategorygrounds of dischargecompetent authority to authorise discharyemanner of discharge123.4.commissioned officers.(i) (a)............................[b] ............... (11) having been found medically unfit for further service (111) all other classes of ..... ministry/cda (pensions) may refer such cases for second medical opinion to ma (pensions) sections in the office of the dgafms/office of cda (p). allahabad, respectively. at appeal stage, appropriate appellate medical authorities can review and revise the opinion of the medical boards on entitlement and assessment.19. aggravation.--if it is .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-12-2005
Reported in : AIR2005SC666; 2005(2)BLJR853; 2005(1)CTC764; 2005(2)ESC198; JT2005(1)SC340; 2005(1)KLT723(SC); (2005)2SCC65; (2005)1UPLBEC876
..... (b) of sub-section (2) of section 10a.26. section 11(1) of the act, inter alia, provides that medical qualifications granted by any university or medical institution in india which are included in the first schedule shall be recognised medical qualifications for the purposes of this act. section 11(2) provides that any university or medical institution in india which grants a medical qualification not included in ..... respect of which, the letter granting permission is issued as per time schedule by the central government by 15th july.23. section 10(a) of the act which was inserted by the indian medical council (amendment) act, 1993 (act 31 of 1993) with effect from 27th august, 1992, makes it imperative to seek permission for establishment of a new ..... sciences and as a result of discussion issued a directive dated 14th may, 2003 to the secretaries of health and medical education in all the states and union territories and to all universities awarding medical/dental degrees laying down the policy guidelines on admission of students and other allied matters, inter alia, having regard to the decision ..... in madhu singh's case (supra), laying down the schedule for completion of the various stages of admission process, commencing of academic session and closure of admissions in courses of medicine and dentistry to be applicable to all medical .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-25-2005
Reported in : 2005(4)ESC2298
..... a particular place in giving and receiving instructions in higher branches of learning; and as such persons associated together as a society or corporate body, with definite organization and acknowledged powers and privileges and forming an institution for promotion of education in higher or more important branches of learning and also the colleges, building ..... , bareilly (hereinafter referred to as the 'rohilkhand university') inviting applications from prospective institutions/societies/trusts to start study centres for certificate/diploma/degree courses in engineering, information technology, management, para-medical and fashion designing, it submitted an application in the prescribed form for starting the study centre. the authorization letter dated 20th july, 2004 ..... radio imaging technology (drit)(e) diploma in hospital management (dhm)(f) diploma in retraction optometry (dr-(opt)(g) bpt (physiotherapy)(h) bot (occupational therapy) (i) bmlt (medical lab. technology) (j) brit (radio imaging technology) (k) bhm (hospital management)27. the petitioners have brought on record the letter dated 27th august, 2003 sent by the ..... act or the statutes is to be or may be provided for by the ordinances.(2) without prejudice to the generality of the provisions of sub-section (1), the ordinance shall provide for the following matters, namely-(a) the admission of students to the university and their enrolment and continuance as such;(b) the courses of study to be laid down for all degrees .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-01-2005
Reported in : 2005(4)ESC2474
..... to a university established or incorporated by or under a central act, provincial act or state act or an institution deemed to be a university under section 3 or an institution specially empowered by an act of parliament to confer or grant degrees. sub-section (3) of this section provides that 'degrees' means any such degree as may, with the previous approval of the central government, be specified ..... scholars engaged at a particular place in giving and receiving instructions in higher branches of learning; and as such persons associated together as a society or corporate body, with definite organisation and acknowledged powers and privileges and forming an institution for promotion of education in higher or more important branches of learning and also the colleges, building and other property ..... permanent affiliation should be granted or the application should be rejected but there should not be any temporary affiliation and further after the aforesaid judgment was delivered, section 37 (2) of the act was amended by adding a proviso which empowers the chancellor of the university to grant affiliation for one term of a course of study on such terms and ..... prescribed. even for those who do not want to take up a job and want to remain in private profession like a doctor or lawyer, registration with medical council or bar council is necessary for which purpose a degree in medicine or law, as the case may be, from an institution recognised by the said bodies is essential. an academic .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-25-2005
Reported in : III(2005)ACC717; 2005ACJ2084; AIR2005SC3280; 2005(5)ALD85(SC); 2005(5)ALLMR(SC)1090; 2005(4)AWC3868E(SC); 2006(1)BomCR338; IV(2005)CPJ14(SC); 2005(4)CTC627; JT2005(7)SC606;
..... to the provisions of the medical termination of pregnancy act, 1971 is apposite. section 3 thereof permits termination of pregnancy by a registered medical practitioner, notwithstanding anything contained in the indian penal code, 1860 in certain circumstances and within a period of 20 weeks of the length of pregnancy. explanation ii appended to sub- section (2) of section 3 provides - 'explanation ii. -- where any pregnancy ..... a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. the definition of negligence as given in law of torts, ratanlal & dhirajlal (edited by justice g.p. singh), referred to hereinabove, holds good. negligence becomes actionable on account ..... and legal ground for termination of pregnancy. if the woman has suffered an unwanted pregnancy, it can be terminated and this is legal and permissible under the medical termination of pregnancy act, 1971. 21. the cause of action for claiming compensation in cases of failed sterilization operation arises on account of negligence of the surgeon and not on ..... or by the claimant. that position does not change merely because of the caution advocated in jacob mathew in fixing liability for negligence, on doctors.(2) how the medical profession ought to respond25. medical profession is one of the oldest professions of the world and is the most humanitarian one. there is no better service than to serve the .....Tag this Judgment!