Court : Delhi
Decided on : Dec-17-2015
..... test to enable a person who has obtained a medical degree from a foreign institution, to be enrolled on the medical register maintained by the state medical council/indian medical register. hence, section 13 (4a) of the act is clearly dealing with a primary medical degree. for post graduate qualifications section 26 is the relevant section. it provides for an entry being made regarding ..... postgraduate degree from an institution abroad. 16. section 26(1) deals with a situation where a person who is already on the indian medical register has inter alia obtained a qualification in medicine which is a recognised medical qualification. the expression "recognised medical qualification", it must be noted, is defined in section 2(h) to mean any of the medical ..... qualifications included in the schedules. a person who obtains a recognised medical qualification is, on an application made in that behalf, entitled to ..... 4137/2015 and 3141/2015. all the three writ petitions seek directions to recognize postgraduate qualifications obtained from a medical institution outside india to enable them to have their postgraduate qualification entered into the state/indian medical register. 2. in the present judgment, we have stated the facts of writ petition (c) no.3414/2015. 3. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-12-2015
..... with a minimum of 50% marks besides other qualifications that may be prescribed. sub-section (4) of section 5 required the post-graduate selection committee to finalise the selection ..... the academic qualifications for admission to the post-graduate courses shall be an mbbs degree ..... post graduate course medical selection committee constituted under section 4 of the said act. section 5 of the act empowered the government to set apart seats not exceeding 40% of the total seats available in the state quota for any academic year for selection of medical officers under 'service quota' for admission to post-graduate medical courses in medical colleges of the state. sub-section (2) of section 5 provided that .....Tag this Judgment!
Court : Kerala
Decided on : Jul-08-2015
..... quota as well to qualify the post graduate medical entrance examination 2015 for seeking admission to post graduate medical degree/diploma courses in the state of kerala, in breach of section 5(4) of the kerala medical officers admission to post graduate medical courses under service quota act, 2008 kerala medical officers admission to post graduate medical courses under service quota act, 2008. ii)(b) declare that clause 4.4 is ..... illegal to the extent it requires the candidates belonging to service to well to qualify the post graduate medical entrance examination 2015 for seeking admission to post graduate medical degree ..... /diploma courses in the state of kerala, in breach of section .....Tag this Judgment!
Court : Kerala
Decided on : May-28-2015
..... the compensation as follows: head of clam amount awarded in rupees pain and sufferings 60000 loss of amenities of life inconvenience and discomforts caused 60000 medical and treatment expenses 362575 transportation expenses 21900 damage to clothing 400 bystander expenses 21400 extra nourishment 5000 loss of earning 7000 x 5 35000 disability caused ..... one of the aspects to be considered is the necessity to provide proper amount for future treatment also. since going by exts.a22 and a23 medical certificates sinus discharge is often there and he will have to continue the treatment.20. as far as bystander's expenses are concerned, he was ..... had discharge of sinuses on his leg which needs continuous treatment.7. ext.a23 dated 12.11.2009 is another discharge summary issued from pushpagiri medical college hospital, thiruvalla. the said certificate will show that as on that day he was walking with full weight bearing. a mild anterior bowing ..... had undergone four surgeries namely on 26.10.2005, 22.10.2006, 7.11.2007 and 7.11.2009. ext.a9 (1) is the medical certificate issued from century hospital. it will show that he was admitted on 18.1.2003 immediately after the accident. he had compound communited fracture both ..... , further treatment is necessary.9. ext.a8 is the disability certificate issued by the medical board of the general hospital, pathanamthitta. m.a.c.a.no.2340 of 2010 -6- there they have noted shortening of 2 c.m. of right leg. partial ankylosis of right ankle and stiffness of all .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-08-2015
..... than mr.girish rithvik in the competitive entrance examination. further, their admissions made in excess of the admission capacity of the college being contrary to s.10a of the indian medical council act, 1956 cannot be directed to be regularized. (iii) the admission of students namely, ms.lekhashree, mr.sreekar surapaneni and ms.vadaanya venkatesh (petitioners in w.p.nos.49627/ ..... courses of mbbs/bds are to be approved/recognised by the government of india by 15th july of each calendar year for the relevant academic sessions of that year. 46.2. the medical council of shall, immediately thereafter, issue appropriate directions and ensure the implementation and commencement of admission process within one week thereafter. india 46.3. after 15th july of each ..... , jayanagr, bangalore-560 041 represented by its secretary4 5.6. w.p.no.49585/2014 c/w w.p.nos.49627/2014, 49200/2014 & 49201/2014 - 2 - the principal kempegowda institute of medical sciences, banashankari2d stage, bangalore-560 070 rajya vokkaligara sangha no.148, k r road, v v puram bangalore-560 004 represented by its secretary ms. r.lekhashree d ..... three questions fall for determination in these writ petitions: (i) who, among the four petitioners, is entitled for the one seat which is within the admission capacity of the college?. (ii) whether the admissions of the remaining three petitioners, which are in excess of the admission capacity of the college, could be directed to be regularized?. (iii) what reliefs the petitioners .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-08-2015
..... than mr. girish rithvik in the competitive entrance examination. further, their admissions made in excess of the admission capacity of the college being contrary to s.10a of the indian medical council act, 1956 cannot be directed to be regularized. (iii) the admission of students namely, ms. lekhashree, mr. sreekar surapaneni and ms. vadaanya venkatesh (petitioners in w.p.nos.49627/ ..... courses of mbbs/bds are to be approved/recognised by the government of india by 15th july of each calendar year for the relevant academic sessions of that year. 46.2. the medical council of india shall, immediately thereafter, issue appropriate directions and ensure the implementation and commencement of admission process within one week thereafter. 46.3. after 15th july of ..... three questions fall for determination in these writ petitions: (i) who, among the four petitioners, is entitled for the one seat which is within the admission capacity of the college? (ii) whether the admissions of the remaining three petitioners, which are in excess of the admission capacity of the college, could be directed to be regularized? (iii) what reliefs the petitioners ..... rs.17,00,000-00). signature of parent witness: k.r. choudary 1) sd/- (dr. v. narayanaswamy) date:14.08.2014 2) sd/- (d. premananda) place: bangalore ? (emphasis supplied) it is very difficult to comprehend as to how a medical college could obtain an undertaking like the above. this is more like a business transaction. the undertaking shows that rs.65,00 .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Sep-30-2015
..... . act exclude the persons working in supervisory capacity. the ratio of the decision ..... of the apex court that the medical officers are engaged in professional and intellectual activities to treat the ..... designated as officers, they are workmen within the statutory definition. in paragraph 4 it is stated that the members of the complainant union who are medical officers are drawing pay-scale of rs.600-30-750-eb-40-1150. 6] the definition of "workman" under section 2(s) of the i.d. act and the definition of an "employee" under section 3(13) of the b.i.r ..... and it has to be held that the medical officers cannot be termed as workmen. 4. shri khan, the learned counsel appearing for the petitioner tried to carve out the distinction between the definition of "workman" under section 2(s) of the i.d. act and that of an "employee" under section 3(13) of the b.i.r act, to urge that the aforesaid ratio of .....Tag this Judgment!
Court : Kerala
Decided on : Jul-09-2015
..... framed by the medical council of india under sections 20 and 33 of the medical council act, w.a. no. 1250 of 2015 -:3. :- 1956 (hereinafter referred to as "the 1956 act"). amendments were made in the regulations by amendment dated 20.10.2008. clause 3 of regulation 13 was substituted as follows: "3. the post-graduate students undergoing post- graduate degree/diploma/super- ..... for the petitioner raised only the following two submissions. (1) regulation 13(3) of the 2000 regulations are beyond the scope of sections 20 and 33 of the 1956 act, hence the said regulations are ultra vires of the 1956 act. (2) there w.a. no. 1250 of 2015 -:5. :- is a marked difference between clinical and non-clinical disciplines. although postgraduate ..... the fee payable with the scheme under clause (b) of sub- section (2) of section 10a;] 1[(fb) any other factors under clause(g) of sub-section (7) of section 10a;] (fc) the criteria for identifying a student who has been granted a medical qualification referred to in the explanation to sub-section (3) of section 10b;] (g)the particulars to be stated, and the proof ..... to the post-graduate students in the recognised institutions for the award of various post-graduate medical degrees/diplomas shall determine the expertise of the specialist and /or medical teachers produced as a result of the educational programme during the period of stay in the institution. (2) all the candidates joining the post-graduate training programme shall work as 'full time residents' .....Tag this Judgment!
Court : Delhi
Decided on : Dec-29-2015
..... ; and accordingly, the central government, after compliance with the prescribed process, exercised its powers under section 10a of the indian medical council act, 1956 (hereafter referred to as the imc act, 1956), and granted permission qua the said purpose, on 09.07.2014. 3.2 consequent thereto, on 19.09.2014, the petitioners, as required, applied for 1st renewal permission, qua ..... vis five faculty members. evidently, these faculty members despite having passed their md exam from universities recognized by the mci, had, till the stage of inspection, received only their provisional degrees. these faculty members being: dr. swatid jain, dr. vivek nagar, dr. pavan pandey, mr mrudula dhore and dr. sanjay kumar agarwala. furthermore, the mci's report ..... respective university during the convocation or after it. since their convocation is due to be conducted they don't have their original degrees. they have submitted provisional passing certificate. kindly consider the same as full time faculty of rkdf medical college. 3. four faculty members namely dr ashok meghawal, associate professor, surgery, dr. k p s tomar, assistant professor ..... the dean in his letter has stated that 5 asst. prof. have passed in may/ june 2015 from mci recognized colleges who have provisional degree certificate issued by the respective universities as their final degree certificate would be issued only after convocation. he has further stated that three faculty had gone to attend hon'ble courts; however, in respect .....Tag this Judgment!
Court : Rajasthan - Jodhpur
Decided on : Mar-31-2015
..... consultation with the medical council of india, amended the first schedule appended to the act, incorporating the degrees relating to the nbe, in the first schedule of the act of 1956.5. all the respondents/petitioners were appointed with ..... which the postgraduate degree courses were started in medical institutions. the inter-country and international comparison was felt to be facilitated with the availability of commonly accepted evaluation mechanism.4. the government of india, vide notification dated 19.09.1983, in exercise of powers conferred by sub-section (2) of section (ii) of the indian medical council act, 1956 (for short, 'the act of 1956'), after ..... 15.12.2001.9. it was submitted that the contract for working on honorary basis, was accepted under the influence of the respondents, and was hit by section 16(1) of the indian contract act, 1872, and for which, they relied on central inland water transport corporation vs. brojo nath ganguly and anr., (1986) 3 scc156 10. after making ..... 's case(supra), the supreme court held, considering the question in the light of section 23 of the contract act, which provides that a contract which is opposed to public policy, would be void, that the public policy is not capable of a precise definition; it however connotes matters which concerns the public good and in public interest. the .....Tag this Judgment!