Court : Madhya Pradesh
Decided on : May-13-2008
Reported in : 2008(3)MPHT360
..... to the post of assistant professor in the department of orthopedics in g.r. medical college, gwalior on the ground that his appointment is contrary to the rules framed by the medical council of india.2. facts of the case, briefly stated, are that the petitioner had obtained his mbbs degree from jiwaji university, gwalior in the year 1994. he had successfully completed three ..... . 6 be cancelled.8. learned counsel for the petitioner has also invited attention of this court to the schedule appended to the indian medical council act, 1956 to demonstrate that the subject of orthopedics is not recognised in g.r. medical college, gwalior.9. there is no dispute to the fact, in the present case, that the course of ms (orthopedics) is not ..... recognised in g.r. medical college, gwalior. however, the question is what is its effect.10. learned counsel appearing for the state of madhya pradesh, medical ..... petitioner and respondent no. 6 - had applied. there is no dispute that the essential qualification for appointment to the post of assistant professor is having ms degree from an institution in the course recognised by the medical council of india.12. respondent no. 6, in his return, has also contended that petitioner himself is not eligible for appointment as he does not .....Tag this Judgment!
Court : Jharkhand
Decided on : Dec-17-2008
Reported in : [2009(1)JCR281(Jhr)]
..... in the year 1983 by which the possession of a doctorate degree was made essential and mandatory. learned counsel for the petitioner refers to in this context to the m.c.i. regulations 1983 (annexure-12) which are regulations prescribed by the medical council of india under section 33 of the medical council act, 1966 and approved by the government of india vide notification dated ..... perusal of the aforementioned eligibility qualification, 1998, which has been brought on record by annexure 'a', it is evident that it is prospective and not retrospective, inasmuch as regulation 1 (2) reads as follows:they shall come into force on the date of their publication in the official gazette the date of publication in the official gazette as disclosed at the ..... on the ground that he does possess the requisite qualification for such promotion and his claim which he has been making ever since 1983, has been wrongly denied to him.2. facts of the petitioner's case in brief is that he was initially appointed as a tutor in the department of biochemistry on 03.09.1977 in the mahatma gandhi ..... i.e. on 05.07.1988, mr. dasgupta attained five years of teaching experience but did not possess doctorate degree in the subject of biochemistry. after thorough consideration, the claim of mr. dasgupta was disposed of by issuing notification no. 156(2) dated 16.06.2004 in favour of mr. dasgupta by promoting him to the post of associate professor with effect .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : May-02-2008
Reported in : 2008(4)ALD484; 2008(3)ALT678
..... medical degree courses of less than six years duration from institutions in erstwhile ussr shall not be eligible for registration; (ii) students successfully completing six years clinical courses in mci recognised institute on or after 01.07.1997 shall have to undergo one year internship after obtaining qualification and only such students shall be eligible for permanent registration under section 13(3) of the act ..... true intention of the legislature. this task very often raises the difficulties because of various reasons, inasmuch as the words used may not be scientific symbols having any precise or definite meaning and the language may be an imperfect medium to convey one's thought or that the assembly of legislatures consisting of persons of various shades of opinion purport to ..... to be recognised medical qualification for the purpose of section 13(3) without any further notification.24. sections 11, 12, 13(2), 13(3) or 13(4a) do not refer to 'medical college' but they refer to 'medical institution'. section 2(e) defines medical institution, as 'any institution within or outside india which grant degrees, diplomas or licences in medicine'. the term 'medical college' is not defined though section 10a provides that .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-11-2008
Reported in : 2009(2)MPHT472
..... is a 'tort'. every doctor who enters into the medical profession has a duty to act with a reasonable degree of care and skill. this what is known as 'implied undertaking' by a member of the medical profession that he would use a fair, reasonable and competent degree of skill. where a person is guilty of negligence per ..... to prove that in what circumstances appellants lost their mother was on the respondents, as the age of the deceased was 30 years only and before 2 days of her death, she delivered a healthy baby and mother and child were enjoying good health. even if the deceased was also willing for t ..... 'breach' and 'resulting damage', that is to say:(1) the existence of a duty to take care, which is owned by the defendant to the complainant;(2) the failure to attain that standard of care, prescribed by the law, thereby committing a breach of such duty; and(3) damage, which is both casually connected ..... on the part of learned court below in dismissing the suit. it was alleged that deceased maltidevi was a young lady and delivered the son before 2 days. it is submitted that the burden of proof was on the respondents to prove that in what circumstances maltidevi died at the time of t ..... before administration of anaesthesia. it was also alleged that the operation ought to have been done after 5 days of delivery, but was administered only after 2 days. no permission was obtained from the civil surgeon. respondent no. 5 was not a competent doctor. there was no proper arrangement of oxygen and .....Tag this Judgment!
Court : Chennai
Decided on : Jun-23-2008
Reported in : 2008ACJ443
..... 11. learned counsel for the appellant submitted that pursuant to the decision taken by the management to discharge the respondent on medical grounds based on the report of the medical board, a settlement under section 18(1) of the industrial disputes act was arrived at in which it was agreed the respondent-applicant would be provided with an alternate employment and that subsequently ..... respondent did not meet with any such accident or that the accident did not result in permanent disablement. on the other hand, the management itself discharged him on medical grounds. the said act of the management makes it obvious that the injuries sustained by him in the accident in question had led to the permanent disability complained of. legally, there cannot ..... applicant were not true. it was also contended that pursuant to a medical opinion issued by the medical board on 2.5.1995, the respondent-applicant was discharged from service w.e.f. 2.7.95 and that due to a subsequent settlement arrived at under section 18(1) of the industrial disputes act, an alternate employment was offered to him, but the respondent-applicant ..... commissioner for workmen's compensation has correctly selected the relevant factor after fixing the age of the workman and calculated the compensation using the formula prescribed in section 4 of workmen's compensation act. this court does not find any defect in the procedure adopted by the commissioner for workmen's compensation for computing the compensation.9. so far as the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-06-2008
Reported in : [2009(121)FLR878]; 2009(1)MPHT121
..... they do not ear-mark in the tables annexed to the rules the seats in post graduate degree/diploma courses reserved for physically handicapped persons. section 39 of the act of 1995 has to be read alongwith the short and long titles of the act of 1995 for understanding the purpose of the reservation of 3% seats for persons disabilities in ..... for the following matters:(i) to spell out the responsibility of the state towards the prevention of disabilities, protection of rights, provision of medical care, education, training, employment and rehabilitation of persons with disabilities;(ii) to create barrier free environment for persons with disabilities;(iii) to remove any discrimination against persons, with disabilities in the sharing of development benefits ..... provisions of rule 1.8 (4) and rule 1.20 (11) of the madhya pradesh medical dental post graduate course entrance examination rules, 2008 (for short 'the rules, 2008') made under section 10 of the madhya pradesh chikitsa shiksha sanstha niyantran adhiniyam, 1973.2. the facts relevant for disposal of the petition briefly are that the state government made the ..... rules, 2008 for admissions to the post graduate medical (m.d. & m.s.) course, post graduate diploma and dental (mds .....Tag this Judgment!
Court : Patna
Decided on : Jun-24-2008
..... own standards and their own diplomas and degrees. section 13 of the act lays down what degrees or diplomas would qualify as recognized medical qualification for the purposes of the act. apparently, under the act, though section 20 authorized framing of regulations prescribing standards, the regulations were enacted only in 1983 being the homoeopathy (degree course), bhms regulations 1983 and homoeopathy (graded degree course), bhms 1983. these were ..... .16. in my view, the submission is not correct. a reference to the decision of the central council dated 13.03.1990 (annexure-2), declares four years' diploma course in homoeopathy (dhms) equivalent to degree. it does not say that it is restricted to any matter or in any manner much less in respect of service or salary purposes. ..... placed reliance on the judgments in the case of jayant jairam rohee v. maharashtra public service commission being a division bench judgment of bombay high court since reported in 1986 (2) service law reporter 159 and in the case of mrs. neelam verma v. the thapar institute of engineering and technology at patiala and ors. since reported in 1988 ( ..... the exclusion thereof is arbitrary and unwarranted denying equal opportunity of employment under state to all.in cwjc no. 13583 of 2007 : dr. nitya kaushal sinha and ors.:2. the writ petitioners have challenged the action of the respondent in accepting application forms for the above mentioned appointment from dhms who had got their diplomas prior to 11.05 .....Tag this Judgment!
Court : Chennai
Decided on : Mar-24-2008
Reported in : (2008)2LLJ777Mad
..... will be adjusted.7. taking advantage of the said order, the petitioner was sent for examination by the medical board and it transpired that the workman suffered only 16% disability and it did not come within the disability specified under section 2(t) of the disability act. in the light of the same, the management informed the workman that since he was not found ..... of the workmen's compensation commissioner and they are estopped from making any submission on the question of degree of disability suffered by the workman.14. the question is not whether the workman is entitled to seek protection as per section 47 of the disability act but whether his employment can be protected notwithstanding the disability attained by him which was also accepted ..... and a-5. at that time, the management did not independently examine the workman so as to find out the degree of disability attained by him. on the contrary, a discharge order was passed placing reliance upon the certificate of the district medical board certifying 100% loss of earning capacity. the order of the workmen's compensation commissioner was not challenged. even ..... , this court did not refer to the binding precedents of the supreme court on interpreting the provisions of the disability act.19. once it is held that degree of disability is not material for application of chapter viii of the disability act, then notwithstanding the certification of 16% disability suffered by the workman, the order of the learned single judge must be .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-04-2008
Reported in : (2008)2PLR10
..... 06, 1987, from civil custody of district jail, ropar. he was also awarded punishment for an offence under section 48 of the army act for intoxication. it was stated that the petitioner was a habitual offender. it has further been averred that the invalidating medical board only assessed the percentage of disablement of the petitioner as 40 per cent for two years. it ..... be given to the individual. the evidence is to be accepted as reasonable doubt, for the purpose of these instructions, should be of a degree of cogency, which though not reaching certainly, nevertheless carry the high degree of probability. in this connection, it will be remembered that proof beyond reasonable doubt does not mean proof beyond a shadow of doubt. if the ..... service and has been and remains aggravated thereby;(b) the death was due to or hastened by-(i) a wound, injury or disease which was attributable to military service, or(ii) the aggravation by military service of a wound, injury or disease which existed before or arose during military service.note: the rule also covers cases of death after discharge/invalidating ..... and the military service. the respondents had relied upon regulation 173 of the army pension regulations, 1961 (hereinafter referred to as 'the pension regulations') and rule 7(c) of appendix-ii referred to in pension regulations 48, 173 and 185 to support their plea that 'essential hypertension' was a constitutional disease and it could not be treated as a disability attributable .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-07-2008
Reported in : 2008(57)BLJR271; JT2008(12)SC476; 2008(14)SCALE591; (2009)1SCC216; 2009(3)SLJ71(SC):2008AIRSCW7809
..... department to which the person to be discharged belongs except that in the case of junior commissioned officers and warrant officers of the special medical section of the army medical corps, the 'commanding officer' means the director of the medical services, army, and in the case of junior commissioned officer and warrant officers of remounts, veterinary and farms, corps, the 'commanding officer' means the ..... all levels is of paramount consideration and there cannot be any compromise on that score. it is with this object in view, the legislature has enacted the army act, 1950; the armed forces medical services act, 1983 and framed the rules. army orders are also issued from time to time in order to give effect to these statutory provisions in letter and spirit ..... ) each of the authorities specified in column 3 of the table below, shall be the competent authority to discharge from service person subject to the act specified in column 1 thereof on the grounds specified in column 2. (2) any power conferred by this rule on any of the aforesaid authorities shall also be exercisable by any other authority superior to it.[(2a ..... ) where the central government or the chief of the army staff decides that any person or class or persons subject to the act should be discharged from service, either unconditionally .....Tag this Judgment!