Court : Jammu and Kashmir
Decided on : Dec-31-2012
..... for the post of deputy 20 medical superintendent must have mbbs degree or other recognized medical qualification from university/institute mentioned in ist/iind schedule/part ii of the iiird schedule, indian medical council act, 1956. in the last case, such degree must also fulfil the conditions stipulated in section 13(3) of the act. in addition to the aforesaid mbbs or recognized medical degree, a candidate must also have post ..... in complete derogation of the other provisions contained in section 11(2) read along with section 2(h) and schedule i to the indian medical council act, it cannot be held that such qualification can be taken as recognized medical qualification. it follows that schedules i, ii and iii do not only mention the universities or medical institutions but also the degrees awarded/granted by such institutions. in other words ..... reference is to the degree awarded. to illustrate, while a college or medical institution .....Tag this Judgment!
Court : Delhi
Decided on : Jan-27-2012
..... health condition of one of his relatives and he left. he has never come back to the university. consequently, he did not study at the russian state medical university and no medical degree was awarded to him by the university.".24. both learned counsel for respondents submit that two communications are against the petitioner and communications are in favour of the ..... vide another letter received on 14.02.2011 from vice-chancellor of russian state medical university, that degree/ diploma is genuine..19. due to the controversy arose, the petitioner has filed instant petition and sought for quashing the aforementioned fir..20. learned counsel for petitioner ..... report in the court of learned magistrate wherein it was submitted that two different reports had been received regarding the authenticity of (m.d.) physician degree/ diploma issued to the petitioner from russian state medical university. in one of the reports being received through ministry of external affairs dated 14.01.2011 no diploma was issued to the petitioner, however, ..... on 09.08.2001 to 22.07.2004, respondent no.2 wrote numerous letters during the period mentioned above, to the councillor (education) indian embassy, masco through ministry of external affairs, south block, new delhi for confirmation and authenticity of the documents as required under section 13 (4) of the medical council act, 1956. vide a letter dated 29.12.2004, received .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-04-2012
..... graduated, in our view, the position is quite clear that the recognition referred to in sections 10b and 11 of the 1956 act would have to relate to the grant of recognition to a medical institution under section 11 for the purpose of recognition of its qualifications as a medical degree, which would entitle the holder thereof to practisemedicine.51. consequently, upon setting aside the judgments ..... and 2000regulations, framed by the medical council of india under the provisions of sections 10a and 33, of the 1956 act.it may be of interest to note that section 33, which empowers the medical council to frame regulations, provides in sub sections (fa) and (fb), the right to the medical council to frame a scheme in terms of sub section (2) of section 10a and also in regard to ..... any course of study or training, including post graduate study or training, except with such previous permission of the central government. sub section (2) categorically provides that every person or medical college shall, for the purpose of obtaining permission under sub section (1), submit to the central government a scheme in accordance with the provisions of clause (b) and the central government shall refer .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Jul-04-2012
..... course against the vacancy arising due to any reason, was fixed as 30th of september. the medical council of india in exercise of powers conferred upon it by section 33 of the act of 1956 and with the approval of the central government issued notification dated 25.2.2004 whereunder time schedule for completion of admission process for first mbbs course was notified. the ..... sections 10-a, 10-b and 10-c in the medical council act, the medical council has framed regulations with the previous approval of the central government which were published in the gazette of india dated 29.9.1993 (though the notification is dated 20.9.1993). any medical college or institution which wishes to increase the admission capacity in mbbs/higher courses (including diploma/degree ..... /higher specialities), has to apply to the central government for permission along with the permission of the state government and that of the university with which it is affiliated and in conformity with the regulations framed by the medical council. only the medical college or institution which is recognized by the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-21-2012
..... of india is directed to conduct a fresh inspection of the college by sending three independent assessors who have previous experience in conducting such type of inspection of the medical colleges. (2) the assessors so deputed for the inspection shall complete the inspection preferably in one day and submit their report of inspection. (3) the entire inspection shall be videographed ..... sections 10-a, 10-b and 10-c in the medical council act, the medical council has framed regulations with the previous approval of the central government which were published in the gazette of india dated 29-9-1993 (though the notification is dated 20-9-1993). any medical college or institution which wishes to increase the admission capacity in mbbs/higher courses (including diploma/degree ..... decision of academic bodies, the learned standing counsel referred to the following decisions : (i) chairman, jandk state board of education v. feyaz ahmed malik reported in (2000) 3 scc 59; (ii) medical council of india v. sarang reported in (2001) 8 scc 427; (iii) b.c. mylarappa v. dr. r. venkatasubbaiah reported in (2008) 14 scc 306; (iv) rajbir singh ..... the assessors about producing fake patients were substantiated by the data of clinical investigations provided by the college. 15. the medical college has only 2 units of blood available, but the projected daily average of 106 casualities, 26 surgeries and 2 deliveries, the consumption of blood was shown to be nil. it was also not possible. similarly, on the day .....Tag this Judgment!
Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on : Feb-01-2012
..... was false and bogus and without there being any expert opinion, complainant cannot allege act of medical negligence on their part and therefore, opponent no.1 pleaded that complaint should be dismissed with costs. 3. opponent no.2 filed affidavit in reply and adopted the written version presented by dr.ajay shah dated 19/07/1999 and informed this ..... whether occurrence of fistula in the case of delivery of this nature is the known complication. it has been observed in dr.williams obsterics 20th edition page-180 under section vi. operative obstetrics ?? ??the very conditions that lead to the requirement for operative vaginal delivery would also be expected to increase the need for episiotomy. this is ..... vaginal delivery was studied in 20,500 women. one thousand forty (5 percent) of all normal vaginal deliveries resulted in episiotomy with third and fourth degree extension or a fourth-degree perineal tear. of these fourth-degree lacerations, 101 patients (10 percent) experienced wound disruption after primary repair. sixty-seven patients (66 percent) experienced wound disruption that required surgical correction. ..... further asked is the occurrence of rectovaginal fistula is a normal incident of gynaec operation or does it necessarily indicate medical negligence on the part of the surgeon. the answer given was that ?? it does occur during vaginal delivery (iii degree perineal teat). but it should be recognized and properly sutured, otherwise it results in rectovaginal fistula. then, he .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-09-2012
Reported in : (2013)1SCC205
..... of the aforesaid report dated 01.08.2007, the learned trial court by its order dated 26.07.2008 took cognizance of the offence punishable under section 13 (2) read with section 13(1)(d) of the act.8. thereafter, the accused appeared before the learned trial court and filed an application seeking discharge which being refused by the order of the trial court ..... the aforesaid persons it is crystal clear that while in london the persons accompanying the appellant had performed various official duties. it is submitted that the accused-appellant, while undergoing medical treatment in london, did not cease to be the railway minister and during the period of his treatment the appellant had attended to the work and duties connected with the ..... additional ps to railway minister, s.m. mastan and murlidharan, stenographers in the railway cell and one shri samaullah (domestic help of the appellant) to london in connection with the medical treatment of the appellant. it was alleged in the fir that the two public sector undertakings did not have any pending business in london at the relevant point of time ..... the prevention of corruption act, 1947.15. adverting to the facts of the present case it has already been noticed that the only allegation against the appellant is that he had prevailed upon rites and ircon to take the four employees in question on "deputation" for the sole purpose of sending them to london in connection with the medical treatment of the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-26-2012
..... should not be cancelled for the reasons mentioned in that notice. in the present cases, the district medical and health officer, warangal who is the appropriate authority gave a total gobye to the statutory safeguards contained in sub-sections (1) and (2) of section 20 of the act before exercising his power or authority of cancellation of registration of the petitioners centres/clinics under the ..... quashing respective orders dated 17.03.2012 of the district medical and health officer and appropriate authority under the act, warangal cancelling registrations of the petitioners under the act. it is open to the district medical and health officer and appropriate authority under the act to follow the procedure prescribed under section 20(1) and (2) of the act before taking any fresh action against the petitioners in ..... registration of the centres/clinics of the petitioners under the act. 11) the government pleader for medical and health contended that the appropriate authority may be directed to re-consider the decisions of cancellation after giving opportunity to the petitioners. 12) apart from giving reasonable opportunity of being heard, section 20(2) of the act further casts duty on the appropriate authority to have advice .....Tag this Judgment!
Court : Delhi
Decided on : Nov-16-2012
..... of preventive and social medicine to that of department of community medicine. it follows therefore that the degree being granted would also undergo a change of name. i. no new degree was introduced in the amu, which attracted the provisions of section 11(2) of the indian medical council act. this is a case where the name of a recognised course was changed, and that too ..... on the recommendation of the medical council of india. (emphasis supplied) 8. the sho, police station connaught place has ..... by aligarh muslim university, aligarh in respect of the students being trained at j.l.n. medical college, aligarh is recognised from 31.3.1987 by the council for purpose of ima act, 1956; annexure a-1.4. that the respondent no.3 was conferred a degree in community medicine in july, 1987 and a copy of the same is annexed herewith and ..... marked as annexure a-2.5. that aligarh muslim university, aligarh vide letter dated 31.12.2008, a .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-11-2012
..... that as a deemed university, the institution can hold examinations and confer degrees, since it will be the 'examining body' for the btc course and there is no necessity to seek affiliation from the examination regulatory authority. the definition of 'examining body' in section 2(d) of the ncte act, on which reliance has been placed by learned counsel for the petitioner, ..... under article 21 of the constitution which includes the protection and safeguarding the health and life of the public at large from mal-medical treatment. an unqualified, unregistered and unauthorised medical practitioner possessing no valid qualification, degree or diploma cannot be permitted to exploit the poor indians on the basis of a certificate granted by an institution without any enrolment ..... for such a purpose." 32. in adarsh shiksha mahavidyalaya (supra) the supreme court after placing reliance on the aforesaid decisions of the supreme court in a.p. christians medical educational society (supra) and n.m. nageshwaramma (supra) observed that relief should not be granted to the students who have been admitted in institutions which have not been ..... of punjab (1998) 7 scc 579, this court examined the issue of delegation of power dealing with the provisions of the drugs and cosmetics act, 1940 wherein various observations have been made regarding registered medical practitioners and certain rules therein had been declared ultra vires by the high court. however, the issue involved herein had not been raised in .....Tag this Judgment!