Court : Chennai
Decided on : Mar-30-2010
..... persons have prescribed qualification, cannot register their names and legally practise medicine.10. under the indian medical degrees act, 1916 enacted to regulate the grant of titles implying qualifications in western medical science, and the assumption and use by unqualified persons of such titles. according to section 3 of the act no person in the states shall confer, grant, or issue, or hold himself out as entitled ..... bench in paragraphs 6 to 12 held as follows:6. ...the indian medical council act, 1956 (hereinafter referred to as 'the act') was enacted to provide for the reconstitution of the medical council of india, and the maintenance of a medical register for india and for matters connected therewith. in view of definition under section 2(f), modern scientific medicine in all its branches shall mean as 'medicine ..... '. under section 2(h) 'recognised medical qualification' has been defined as any of the medical qualification included in the schedules. 'state medical register' has been defined under section 2(k) as a register maintained under any law for the time being in force in .....Tag this Judgment!
Court : Chennai
Decided on : Mar-23-2010
..... off-shore campus would be treated as those holding a foreign medical degree and would be required to qualify the screening test as per the provisions of the indian medical council act, 1956, and the screening test regulations 2002 of the medical council of india.3. as per the norms of the 2nd respondent-medical council of india, the program for mbbs comprise of 4-1 ..... a direction to the 1st respondent to consider and grant necessary permission for the 21 indian students, who have obtained m.b.b.s. degree through the off-shore campus-bangkok, thailand of the petitioner to undertake foreign medical graduates examination (screening test), during september, 2009, to enable them to undergo internship/c.r.r.i. in india as part of the ..... gupta and ors. v. union of india : (2005) 1 scc 45 and would submit that in order to regulate the grant of registration to the persons, who have completed their degree abroad, they have to take the internship course for one year after undergoing the screening test. therefore, in the interest of larger students, the responsibility was fixed on the part ..... on 27.09.2009 and to get themselves enrolled as medical practitioner in india after the completion of the internship of one year as requested in the letter of the petitioner dated 14.09.2009.2. according to the petitioner, the petitioner is a deemed university declared under section 3 of u.g.c. act by notification dated 01.03.2001 of the central .....Tag this Judgment!
Court : Madhya Pradesh Jabalpur
Decided on : Jul-22-2010
..... the state and for matters concerned therewith.16. definition of medicine and medical education has been amended vide act no. 15/2006. the definition of 'medicine' has been modified by addition of clause (iv) in section 2(b). earlier 'medicine' used to mean; (i) the medicine within the meaning of clause (f) of section 2 of the indian medical council act, 1956, (ii) medicine in homeopathy and biochemistry within the meaning ..... medicine and medical education as defined under section 2(b) and 2(c) in said adhiniyam, 1973. thus legislative intent is clear that petitioner institutions cannot impart education as they are not recognized under adhiniyam, 1973 neither prefix 'doctor' can be used and nor degree or diploma can be distributed. any violation of the provisions, attracts the penal provision of section 8.24. coming to the ..... electro homeopathic system; the state government has not chosen to legislate and we find other directions prohibitory in nature were issued by this court, such institutions were debarred from awarding degree in the course conducted by them till legislative enactment is made and adequate publicity was required to be given by informing the general public that such institutions are not recognized .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jun-01-2010
..... has led a very peculiar situation. by not getting their medical qualifications approved/recognised under second schedule of act, 1970, the hindi sahitya sammelan has ..... in entry no.105" to schedule ii is concerned, the high court observed as under:"from a bare reading of the aforesaid provisions of act, 1970, it will be seen that only degrees/certificates granted by the hindi sahitya sammelan, prayag between 1931 to 1967 alone have been held to be recognised medical qualification for the purposes of section 14 conferring a right to practice ..... , allahabad/prayag to get its medical qualifications i.e. vaidya visharad and ayurved ratna recognized and included in the second schedule. they have not represented in exercise of powers under section 14(2) of act, 1970 before the central government for inclusion of the said qualifications in the second schedule at any point of time in respect of degrees/certificates granted subsequent to 1967. this .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-27-2010
..... of 1956); or(ii) a post-graduate degree in biological sciences;a 'sonologist' or a 'imaging specialist' is defined under section 2(p), which reads as follows:'sonologist or imaging specialist' means a person who possesses any one of ..... the medical qualifications recognised under the indian medical council act, 1956 (102 of 1956) or who possesses a post-graduate qualification ..... . a 'medical geneticist' is defined under section 2(g) as follows:'medical geneticist' includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining(i) any one of the medical qualifications recognised under the indian medical council act, 1956 (102 .....Tag this Judgment!
Court : Delhi
Decided on : Dec-20-2010
..... under:-"i) academic qualifications (for medical disciplines)a) essentiali) a medical qualification included in schedule i & ii or part ii of the third schedule of the indian medical council act or 1956 (candidates possessing the qualifications included in part-ii of the third schedule should also fulfill the conditions specified in section 13(3) of the act).ii) a postgraduate qualification e.g. ..... and urology or qualification recognized equivalent thereto."6. academic qualifications prescribed for candidates coming from non-medical disciplines were as under:- "ii) academic qualifications (for non- medical disciplines)a) essentiali) postgraduate qualification e.g. masters degree in the discipline/subject.ii) doctorate degree of a recognized university.b) experiencefourteen years teaching and/or research experience in a recognized institution ..... , there is no relaxation in the essential qualifications. what clearly emerges is that to be eligible for the post under contention, a candidate from medical discipline must either possess degree of md/ms or a recognized qualification equivalent thereto, and it has to be in the concerned discipline. as mentioned above, the 3 rd ..... for approval by aiims which had to function as the pioneering institute in the field of physiology of reproduction.9. dr.anand kumar, having a mbbs degree as also a degree in m.d. (physiology) applied for appointment to the post of professor (reproductive biology) and also informed in the application that he had post .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-23-2010
Reported in : 2010(112)BomLR1958
..... independent recognition and approval of the medical council of india for the award of a recognized, degree from a university. the mci for effectively implementing the provisions of section 10a of the medical council act, on 20th september, 1993 with the approval of the central government, notified the regulations made under section 10a read with section 33 of the act providing for the detailed statutory scheme ..... itself has excluded reservations based on region. in maharashtra presently there are three universities. they are (1) m.u.h.s. (2) bharati vidyapeeth, and (3) dr. d.y. patil. the latter two are deemed universities. degrees conferred by all the universities are recognized by the m.c.i. the courses are in terms of the syllabus approved by the ..... 9) which reads as under:9. selection of postgraduate students.1. students for postgraduate medical courses shall be selected strictly on the basis of their academic merit.2. for determining the academic merit, the university/institution may adopt any one of the following procedures both for degree and diploma courses:i. on the basis of merit as determined by the competitive test ..... the country. no test or condition shall be imposed as to religious belief of occupation in admitting or appointing members, students, teachers, workers or in any other connection whatsoever.(ii) no capitation fees shall be charged in any form in consideration for admission.(iii) in the case of self-financing institutions, fees to be prescribed shall be as per .....Tag this Judgment!
Court : Allahabad
Decided on : May-20-2010
..... to fix norms and standards for admission to medical colleges vests in the medical council of india under the indian medical council act, 1956 read with the indian medical council (amendment) act, 1993. so far as admissions to medical colleges are concerned, the regulations framed by the medical council of india under section 33 of the act will prevail over any law or executive instructions ..... but they have profited from their studies in a manner which makes them capable of making their own contribution, that they are capable of diagnosing difficult medical conditions with a certain degree of expertise, and are capable of rendering to the ill, specialised services of a certain acceptable standard expected of doctors with specialised training.59. the states ..... a distinction between the special category of candidates and candidates belonging to the open category. all the candidates seeking admission to post-graduate medical courses will have to pass a further test. the mbbs degree obtained by the candidates is the minimum qualification required for taking the test. even thereafter, the candidates will have to secure a ..... the state of uttar pradesh by virtue of executive instructions issued from time to time the following reservations have been made for admission to postgraduate degree and diploma courses:scheduled castes ... 21% scheduled tribes ... 2% backward classes ... 27%this practice has been in force for some time. what gives rise to the present dispute is a circular/letter .....Tag this Judgment!
Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on : Jul-01-2010
..... established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art ? the degree of skill and care required by medical practitioner is so stated in halsburys laws of england (4th edn., vol.30, para.35): ??the practitioner must bring to his ..... , no tortuous liability can be fastened upon her. even otherwise, as per the material available on record, the complainant failed to establish any medical negligence on behalf of opposite parties 1 and 3. therefore, f.a.no.1777/2007 is allowed and the complaint against opposite parties 1 and ..... the patient anemic. we do not se any negligence either in the line of treatment or that they did not follow the standards of medical parlance. keeping in view the aforementioned judgements and also the fact that the complainant failed to establish any negligence on behalf of the hospital ..... to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care, skill and diligence and if ..... degree of care. ?? ??deviation from normal practice is not necessarily evidence of negligence. to establish liability on that basis it must be shown, (1) that there is a usual and normal practice; (2) that the defendant has not adopted if; and (3) that the course in fact adopted is one no professional man of ordinary skill would have taken had he been acting .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-29-2010
..... .5. sri aloke kumar mukherjee, as father of the alleged victim, priyanko mukherjee, filed an application before the state consumer forum on 13.7.2005 under section 12a read with section 17 of the consumer protection act, 1986 and the same was numbered as s.c. no. 23/0/2005. by filing the said application, he claimed an amount of rs. 24 lakhs ..... to be taken, for it would be most fatal to the efficiency of the medical profession if no one could administer medicine without a halter round his neck.34. in kurban hussein mohammedali rangwalla v. state of maharashtra as reported in : (1965) 2 scr 622, while dealing with section 304-a of ipc, the following statement of law by sir lawrence jenkins in ..... to an offence, the element of mens rea must be shown to exist. for an act to amount to criminal negligence, the degree of negligence should be much higher i.e. gross or of a very high degree. negligence which is neither gross nor of a higher degree may provide a ground for action in civil law but cannot form the basis for prosecution ..... same is reproduced as follows:where a person, acting as a medical man etc., whether licensed or unlicensed, is so negligent in his treatment of a patient that death results, it is manslaughter if the negligence was so great as to amount to a crime, and whether or not there was such a degree of negligence is a question in each case for .....Tag this Judgment!