Court : Delhi
Decided on : Apr-08-2016
..... as a person (i) holding a qualification granted by an authority specified or notified under section 3 of the indian medical degrees act, 1916 or specified in the schedules to the mci act; or (ii) registered or eligible for registration in a medical register of a state meant for the registration of persons practising the modern scientific system of medicine excluding the homoeopathic system of ..... right to amend the schedules thereof listing the recognised medical qualifications in indian medicine is only of the central government and not of ccim constituted thereunder or for that matter of the state government. 24. the definitions of 'bharatiya chikitsa', 'integrated medicine' and 'practitioner', in section 2(b), (h) and (k) of the dbcp act, are as under: "(b) "bharatiya chikitsa ( ..... on- (i) the words "whether supplemented or not by such modern advances as the central council may declare by notification from time to time" in the definition of "indian medicine" in section 2(1)(e) of the indian medicine act; ii) rule 2(ee)(iii) of the drugs rules read with the notification dated 10th february, 1961 of the delhi government; iii) the ..... aforesaid we are of opinion that the words 'modern advances as the ccim may declare by notification from time to time' in the definition of indian medicine in section 2(1)(e) of the indian medicine act are not capable of taking indian medicine to boundaries beyond the essentials of indian system of medicine as otherwise defined as ashtang, ayurveda, .....Tag this Judgment!
Court : Delhi
Decided on : Feb-17-2016
..... case that the six months training under the six months training rules framed therefor under the pndt act has been included in the schedules to the mci act. it is thus not a recognized qualification. 70. the indian medical degrees act, 1916 vide section 2 thereof describes western medical scienceas western method of allopathic medicine, obstetrics and surgery but not including homeopathy or ayurvedic or unani ..... by this court in k.l. seghal supra; (iii) that various members of the petitioner society who are registered medical practitioners in terms of section 2(m) of the pndt act and are sonologist in terms of the definition in section 2(p) of the act as interpreted by this court in k.l. sehgal, are not being granted registration / renewal of registration of their ..... union of india and directorate of family welfare of gnctd to grant registration / renewal of registration under the pndt act to those medical practitioners who come under the realm of definition of sonologist in terms of section 2(p) of the pndt act; and, (ii) seeks quashing of the amendment dated 9th january, 2014 to rule 3(3)(1)(b) of the pndt rules ..... institutes, hospitals or nursing homes which provide for genetic counselling to patients come within the ambit of the expression "genetic counselling centre". further, on a reading of the definition in section 2(d) of a genetic clinic it was held that only those clinics, institutes, hospitals or nursing homes which conduct pre-natal diagnosis would be covered. it was thus .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-29-2016
..... (6) ald 322]. 42. it is thus beyond pale of doubt that the provisions of section 47 of the act are attracted if a serving employee acquires disability, irrespective of degree of disability and even if such disability is not covered by definition clauses in section 2. the respondent corporations are bound by the said mandate and the united nations convention. 43. anand ..... report of medical board, it only pointed out that petitioner was suffering with defective distant vision. the defective distant vision was not the one covered by the provisions of the act 1 of 1996 and, therefore, he is not entitled to protection under section 47 of the act. (2) learned senior counsel extensively referred to the definitions provided in section 2 of the act. an ..... terminated from their services on the ground that they became medically unfit to drive the heavy vehicles as they developed defective eyesight and not meeting the required vision for driving the heavy motor vehicles. 44. drivers contended that the said termination violates section 2(oo) of the industrial disputes act, 1947 and also contrary to an agreement between the drivers ..... petitions directly. according to learned senior counsel, writ petitions are not maintainable on this ground. (10) whether the medical status of the petitioners is falling within the parameters of one of the disabilities defined in section 2 of the act or not is a question of fact and writ court in exercise of extraordinary jurisdiction under article 226 of the .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Jul-18-2016
..... mbbs and bams are at par is not correct. these degrees are in the different streams of medicine and may not be treated as equivalent. it is submitted that the medical education and drugs department, government of maharashtra, vide notification dated 25.11.1982, made an amendment in section 25 of the act of 1961 whereby the ayurvedic practitioners enrolled on the state register ..... on contract basis in national child health scheme. moreover, the guidelines issued by the national child health programme ( nchp for short) provides for the establishment of mobile teams consisting of 2 medical officers (1 male and 1 female), more particularly related to ayush (bams/bums/bhms/yoga) and 1 pharmacist and 1 nurse. it is further the case of the petitioner ..... grounds taken in the petition, annexures to the petition, written notes of argument submitted by the learned counsel for the petitioner, reply and additional reply filed by respondent nos. 2 and 6 and also the reply filed by respondent no.5. admittedly, the qualification possessed by the petitioner does not find mention in the advertisement. the main bone of contention ..... child health team) to be held pursuant to the advertisement dated 19.07.2014. 2. it is the case of the petitioner that he completed his bachelor of unani medicine and surgery degree from the maharashtra university of health sciences, nashik in the year 2011. he is a medical practitioner, duly registered with the maharashtra council of indian medicine, mumbai. according to .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-2016
..... of the chs rules, 1996 , the essential requisite qualifications for the post of an assistant professor are (i)recognised medical qualifications included in first or second schedule or part-ii of the third schedule of the mc act, 1956, (ii) post-graduate degree in concerned speciality and (iii) at least three years? teaching experience in the concerned speciality as a lecturer/tutor/ ..... shall be able to; i. recognize the importance to the concerned speciality in the context of the health needs of the community and the national priorities in the health section. ii. practice the speciality concerned ethically and in step with the principles of primary health care. iii. demonstrate sufficient understanding of the basic sciences relevant to the concerned speciality. ..... excludes central government from the expression person , is restricted in its application to sub-section (1) of section 10a of the act. it does not follow that the medical college established by the central government would not be a medical college within the meaning of the act. further, sub-section (1) to section 10a consists of clauses (a) and (b). clause (a) states that no ..... matter of the present writ petition.4. the pgme regulations, 2000 have been framed under the indian medical council act, 1956 (henceforth referred to as mc act, 1956, for short) in exercise of the power conferred by section 33 read with section 20 of the said act.5. before we comment on the legal matrix, we would first like to examine and elucidate .....Tag this Judgment!
Court : Kerala
Decided on : Feb-23-2016
..... minimum standards of medical education required for granting recognized medical qualifications other than postgraduate medical qualifications by the universities or medical institutions, while section 20 gives a power to the council to prescribe minimum standards of postgraduate medical education. the universities must necessarily be guided by the standards prescribed under section 20(1) if their degrees or diplomas are to be recognised under the medical council act. we, therefore, disagree ..... the reach of the candidates who seek admission for engineering colleges. it is not a very high percentage of marks that has been prescribed as minimum of 60% downwards, but definitely higher than the mere pass marks. excellence in higher education is always insisted upon by a series of decisions of this court including dr.preeti srivastava case. if higher minimum ..... grants commission (minimum qualifications for appointment of teachers and other academic staff in universities and colleges and other measures for the maintenance of standards in higher education) regulations, 2010. regulation 2 states that the minimum qualifications for appointment and other service conditions of university and college teachers, librarians and directors of physical education and sports as a measure for the maintenance .....Tag this Judgment!
Court : Kerala
Decided on : Mar-31-2016
..... the gazette as mandated by section 46 of the kuhs act. the mere fact that the petitioners were admitted to the postgraduate medical course at a time when the kuhs regulations were in force does not make it valid for the entirety of the course or thereafter. i am not however invalidating the admissions made or the postgraduate medical degree granted pursuant to the kuhs ..... medical laboratory technology. the academic council is not better equipped than the post-graduate medical education committee consisting of 9 members all of whom possess post-graduate medical qualification as per section 20 (2) of the act. what then is the rationale and justification of the university to impose stricter conditions in ..... academic council of the university is 57 and the quorum for its meeting shall be 11 being one-fifth of the total members or 10 whichever is less as per section 25(2) of the act. the motley crowd of 10 members in the academic council can even be made out of professors from dental, ayurveda, homeopathy, nursing, pharmacy colleges and from ..... permissible in the theory and practical (including clinical and viva-voce examination) is clause 14(4) thereof which is extracted hereunder:- 14(4)(b) theory: (i) x x x x (ii) x x x x (iii)the theory examinations shall be held well in advance before the clinical and practical examination, so that the answer books can be assessed and evaluated .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Jan-18-2016
..... that observations made by it on 22/1/1997 were beyond the scope of original order and as such, order dated 22/1/1997 was not enforceable under section 27 of the administrative tribunal act, 1985. in these premises, petitioner has approached this court. 5. heard shri sanyal, learned counsel for the petitioner, and shri lambat, learned counsel for the respondents. 6 ..... was directed to be done prior to 31/12/1987. 3. it appears that respondents did not make arrangement for the joint medical examination within the prescribed period and vide communication dated 14/2/1989 petitioner was informed that in the medical examination, he was not found fit for the post of tele-communication inspector and as such, could not be reinstated to ..... that if petitioner desires, he may submit his application requesting for alternative employment. perusal of application dated 21/2/1989 made by the petitioner shows that he requested for allotment of any post for which he would be considered fit as per previous medical examination. vide another communication dated 7/7/1989 issued by the respondents, it was informed to the petitioner ..... was an ex-serviceman, was appointed by the respondents as apprentice assistant wireless inspector (class ii) vide order dated 11/3/1963. after he was medically found fit, he was posted on 28/3/1963. he continuously served till 14/7/1976 and thereafter, went on medical leave till 26/9/1984. it is the case of the petitioner that during that period .....Tag this Judgment!
Court : Chennai
Decided on : Apr-29-2016
..... when the petitioners were admitted in the respective educational institution in which they have pursued their medical course during the year 2010-2011, the concerned institution was duly recognised by the medical council of india. on the basis of such recognition, the petitioners have continued their medical degree and also completed it during the year 2014-2015. that apart, the results of the ..... of granting interim order, this court has made it clear that it will not entitle the petitioners to claim permanent registration as contemplated under section 15 (1) of the indian medical council act. the learned counsel for the respondents 2 and 3 therefore prayed this court for dismissal of the writ petitions. 8. the learned counsel appearing for tamil nadu dr. m.g.r ..... of india at the time of the admission of the petitioners, they have joined the m.b.b.s. course in the respective institution. after completing the degree course for five years, now the medical council of india refused recognition and/or approval to the institution in which the petitioners have studied for non-compliance of various norms. thus, it is evident ..... the institution in which they studied continued. in such view of the matter, i am of the view that the medical council of india is bound to consider the genuine and legitimate claim of the petitioners for permanent registration of their medical degree which alone would entitle them to pursue higher study and/or enable them to continue their practice. 11. the issue .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-16-2016
..... the state government has had no authority to frame any rules or issue any executive order to provide for reservation in the post graduate degree courses, contrary to the statutory regulations framed under the medical council of india act, 1956 (central enactment). the high court whilst adverting to the decisions of this court including the recent judgment in the case of sudhir ..... merit as per the marks obtained in the common entrance examination. that would result in upholding the impugned decision dated 07.04.2016. this argument has been supported by one section of applicants in the accompanying impleadment applications.11. the leading arguments on behalf of the candidates affected by the fresh merit list were made by shri ashok desai, sr. ..... :12004. of 2016. the third is a writ petition under article 32 of the constitution of india praying for a declaration that the third proviso to regulation 9(2) of the post graduate medical education regulations, 2000 (hereinafter referred to as the said regulation ), is unconstitutional and violative of article 14 of the constitution; and for a direction against the authorities ..... framed thereunder and noted in the interim order dated 12.05.2016. regulation 9 has been extracted in the said order dated 12.05.2016, as reproduced above. regulation 9(2) specifically deals with the process of determining the academic merit of the eligible candidates. indeed, the primary consideration for determining the academic merit of the candidates is the marks .....Tag this Judgment!