Court : Patna
..... therefore, if there be any conflict between the bihar and orissa medical act 1916 and indian medical council act, 1956, the latter being a central law will prevail. the indian medical council act occupies the field and in terms thereof only those who are covered by the act are entitled to practise modern scientific medicines. unless the occupational therapists ..... however, while upholding the rule and the notification, the supreme court clarified that after insertion of sub-section (2) in section 15 of the indian medical council act, the right of non-allopathic doctors to prescribe drugs by virtue of the notification got obliterated unless the privilege of such right to practise any ..... of his patients. the high court set aside the notification. it held that the notification was ultra vires the rules and also contrary to the indian medical council act. upholding validity of the notification the supreme court observed that for the purposes of rule 2(ee) (iii) of drugs & cosmetics rules what .....
Tag this Judgment!Court : Patna
..... % and hot at all with regard to admissions to the post-graduate course in super speciality such as neuro surgery and cardiology. 6. the recommendations of the medical council of india approved as regulation under section 33 of the indian medical council act, 1956 also prima facie supports the contentions of the petitioners that merit alone has been approved as criterion for admission to post-graduate ..... preference received limited disapproval in the case of pradeep jain (supra) and according to recommendations of the medical council which has-been adopted and approved as 'regulation under section 33 of the indian medical council act, 1956' merit alone has been recognised as certerion for admission to post-graduate medical courses which may be evaluated either by performance at the mbbs examination and during the course of .....
Tag this Judgment!Court : Patna
..... matter inasmuch as in unni krishnan's case (air 1993 sc 2178) itself the supreme court upon taking into consideration the provisions of university grants commission act, indian medical council act, all india council for teachnical education act, 1987 as also indian medical council (amendment) ordinance, 1992 with which we are concerned in this case, held (at pp. 2245-46 of air) : 'we must, however, make it clear, and which ..... of the state government to grant approval in terms of the provisions of the bihar state university-act, 1976 must be held to have been abrogated after coming into force of the indian medical council (amendment) act, 1992 as the aforementioned state act was subject to the provisions of the indian medical council act. it has been submitted that the right of minority community to establish an institution and more .....
Tag this Judgment!Court : Patna
..... scheduled tribes categories being violative of the regulations framed under section 33 of the indian medical council act, 1956. the court referred to the object of the act and to its various provisions relevant being sections 19 and 19a of the medical council act. nivedita jain, who was a candidate for admission to the medical college in the state of madhya pradesh, contended that the order of the state ..... t. roshana : [1979]2scr974 , while considering the powers of the council, the apex court observed thus:the indian medical council act, 1956 has constituted the medical council of india as an expert body to control the minimum standards of medical education and to regulate their observance. obviously this high-powered council has power to prescribe the minimum standards of medical education. it has implicit power to supervise the qualifications or .....
Tag this Judgment!Court : Patna
..... be held that the college of the petitioner has been established before coming into force of the amended provisions of the indian medical council act. the provisions of sections 10a, 10b and 10c of the indian medical council act are applicable in he case of the petitioner's institution. this apart, a division bench of this court in the ..... petitioner. this apart, after the addition of amended provisions 10(a), 10(b) and 10(c) in the indian medical council act, the said provisions in the bihar act regarding prior permission for the establishment of the medical college, either in the case of minority or in the case of majority, has become inoperative. article 66 of ..... the college in question to the university.27. as noticed above, after the addition of sections 10a to 10c in the indian medical council act by amendment, no medical college shall be established without previous permission of the central government. section 10a provides, inter alia, that notwithstanding anything contained in this .....
Tag this Judgment!Court : Patna
..... dental institutions or institutions regulated under the dentist act, 1948. it was thus submitted that there was a conscious omission on the part of the state ..... 1982), it was submitted that section 7 of the said act deals with applicability and outlines the institutions which would be covered under the said act. it was submitted that it were only such institutions which were covered under the indian medical council act and found in the ist schedule thereof which were covered by the act, 1981. it was stated that section 7 nowhere refers to .....
Tag this Judgment!Court : Patna
..... possess the necessary qualification for appointment as associate professor or professor in neuro surgery. according to him, in terms of the regulations framed by the medical of india under section 33 of the indian medical council act, 1956, degree of m.ch. in neuro surgery is a must for appointment as professor/associate professor and since respondent no. 3 does ..... of professor. he also tried to distinguish the case of dr. arun kumar agrawal (supra).16. at this stage the relevant clause of the regulation of the medical council may be noticed. it is not in dispute that the regulation approved by the government of india vide letter dated june 5, 1971, called the 1971 regulation, ..... which is a recognized qualification, cannot be said to be so, as amounting to special training unless it is duly recognized as equivalent to m.ch. by the medical council. in the absence of any such material it is difficult to uphold the claim of respondent no. 3. in my opinion, the instant case is fully covered .....
Tag this Judgment!Court : Patna
..... require permission/affiliation/recognition by an institution intending to impart teaching and training in the faculty of medicine. these are indian medical council act, 1956 (hereinafter central act), as amended by the indian medical council (amendment) act, 1993, an act made by the parliament, state regulation act and state university act. the central act has been made under entry 66 of list i read with entry 26 of list iii and the state ..... examining the relevant statutory provisions as noted above, including sections 10a, 10b and 10c of the indian medical council act is inserted by the indian medical council (amendment) ordinance, 1993, and the succeeding act incorporating the said provisions, has held that the private medical institutions so far not affiliated or recognised can impart medical education only after seeking permission from the central government. it has also been held that the .....
Tag this Judgment!Court : Patna
..... general medicine and general surgery are two separate genus but under each genus there are numerous specialities. admittedly the medical education in medical colleges in the country is regulated by the m.c.i. constituted under indian medical council act, 1956, m.c.i, has framed rules with a view to lay down standard for ..... medical education which are mandatory and some of them are obligatory. the medical profession has developed branch wise experts. specialize knowledge referable generally to ..... and scientific and technical institution. the parliament in exercise of power under entry 66 has enacted medical council of india act 1956 and the medical council of india constituted therein has been entrusted the obligation to regulate the medical education. entry 6 of the state list deals with public health and sanitation; hospital and dispensaries .....
Tag this Judgment!Court : Patna
..... to grant recognition in such matters lies with the central government and central council and unless such recognitions are granted, the students of the institution ..... of clause ii of section 6 of the bihar act of 1982.19. this court again in syed welayat hussainv. state of bihar, reported in 1994(1) pljr 1, while dealing with the amendment in the indian medical council act inserting section 10a, 10b and 10c by reason of indian medical council (amendment) ordinance, 1993, held that the power ..... already referred the matter to the central government but' no order has yet been passed thereupon by the central council, the central government as also the central council, in our opinion, being state should act fairly and dispose of the matter at an early date.26. as noticed hereinbefore in c.w.j.c. .....
Tag this Judgment!