Court : Chennai
..... for this purpose, reliance was placed upon the paragraphs 8,9 and 11 of the said judgment, which reads as follows: 8.coming to the first question, since long time past, establishing of a medical college and medical education therein are governed by the indian medical council act, 1956 (hereinafter referred to as the act) and the dentists act, 1948. ..... view that the central government was fully justified when it rejected the request of the state government for grant of permission for one-time increase in the admission capacity in medicine and dentistry courses in various medical colleges in the state of maharashtra. ..... we do not, therefore, find any infirmity in the order of the central government when it refused to grant permission to the state government to have one-time increase in admission capacity in medicine and dentistry in various medical colleges located in the state of maharashtra. ..... state of maharashtra reported in (2001) 10 scc 264 for contending that so long as the requirement under section 10-a of the mci act is not complied with, no permission can be granted by the central government. ..... to take note of the above relevant aspects and as such the impugned direction of the high court cannot be implemented as the same will have far-reaching consequences on the entire admission process of health science courses in maharashtra state. ..... (emphasis added) 21.the supreme court in a subsequent decision in state of maharashtra v. ..... state of karnataka2, state of maharashtra v. .....
Tag this Judgment!Court : Chennai
..... there is certainly repugnancy between the impugned guidelines issued by the first respondent university and the regulations framed by the medical council of india as per the powers under section 33 of the indian medical council act, 1956 and this being the subject under entry 25 of list iii of the seventh schedule to the constitution of india, it is to be necessarily held that there is repugnancy between the regulations made by the central authority ..... their submission that it is not open to the first respondent university to encroach upon the field occupied by the medical council of india by relying upon the decision in state of maharashtra v. ..... according to them, the medical council of india being an expert body which controls the minimum standard of medical education and the scheme of the medical council of india having been approved by the central government, it has got a statutory force and therefore, by relying upon the decision in maharashtra university of health sciences, ..... it is their contention that renowned institutions like all india institute of medical sciences, jawaharlal institute of post-graduate medical education and research, maharashtra university of health sciences, nashik, apart from the annamalai university and all the deemed universities in tamil nadu, are all following the mci regulations, 1997 only for maintaining uniformity in medical education in india and while so, the first respondent university alone by making the impugned guidelines has discriminated .....
Tag this Judgment!Court : Delhi
..... v. state of maharashtra (2001) 10 scc 264 , the honble apex court while examining the exact import of section 10a of the indian medical council act and the regulations framed under section 33 of the act was of the view that the object of inserting section 10a,10b and 10c was for specific purpose of controlling the unchecked and unregulated mushroom growth of medical colleges which without the requisite infrastructure were resulting in decline in the maintenance of higher standards of medical ..... post graduate course of study or training) and increase of admission capacity in any course of study and training regulations 2000", read that in exercise of powers conferred by section 10a read with section 33 of the indian medical council act in supersession of the establishment of new medical colleges, opening of higher courses of study and increase of admission capacity in medical colleges regulations, 1993 in so far it relates to application for permission of the central government to increase the admission capacity in mbbs/higher courses in the ..... . the counsel contended that the mci being a body much aware of the rules and regulations framed by the board of governors and under the indian medical council act, 1956 should have rejected the application of the petitioner for additional intake at the very outset and now it cannot turn around and cite the said regulation of "qualification criteria" for rejecting the application .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1986Bom230
..... 15(1), medical council act (hereinafter referred to as 'the act'), on the maharashtra state medical register. ..... the union of india, and the registrar, maharashtra medical council respondent 3 herein, have chosen not to file any affidavit in reply. ..... . 11015/5/80-me(p), d/- 10th april, 1981, the registrars were informed that 'the medical qualifications in part ii of the third schedule to medical council act, 1956, shown in the notification shall be recognised after 31-12-1981' ..... he was, however, required to leave the work abruptly due to sudden demise of his father at sholapur in maharashtra state, he applied to the secretary, medical council of india, new delhi, respondent 2 herein, for registration by a letter d/- 7-11-1983. ..... . what is enclosed along with the letter is a notification of the central government d/- 10th april, 1981, for inclusion of certain medical qualifications in part ii of the third schedule to the indian medical council act ..... . 13(3), medical council act, he is entitled to be enrolled on any state medical register, without one year's practical training in india for, he had undergone one year's practical training (internship) in therapy, surgery, obstetrics and gynecology in the year 1979-80 as part of his course of study ..... . 33, medical council act, 1956, by the government of india ..... . 25, medical council act, 1956 ..... . 3, medical council act, at sr. no ..... 25(2), medical council act, 1956. ..... 3 to medical council act, 1956, are eligible for registration and practice in india. .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)1GLR616
..... the recommendation on graduate medical education by an expert body of medical council of india, which is entrusted with certain statutory functions relating to medical education by the indian medical council act, 1956 were made. ..... guidelines or rules are statutory in nature and referable to indian medical council act, 1956. ..... undoutedly, it is one of the recommendations on graduate medical education adopted by the medical council of india which is being acted upon by recognised medical colleges while taking students by migration/transfer.the answer to the question posed in the aforesaid paragraph can be found in para 7 of the ..... in : (1993)4scc25 .in shirish govind's case (supra) the question involved for decision was a right of a student admitted in a medical college not recognised by the medical council of india to claim migration/transfer to a medical college recognised by the medical council of india after passing the first m.b.b.s. ..... recommendations having been accepted by the medical council, such a condition of eligibility for migration/transfer from one medical college to another adopted by the recognised medical college cannot be termed unreasonable or arbitrary ..... of gujarat has by resolution dated 13-11-1991 framed rules for transfer/migration of students from one medical college to another medical college and rules 1 and 4 thereof are similar to the rules framed by the medical council of india. ..... state of maharashtra reported in : ..... of maharashtra and ors ..... of maharashtra and ors .....
Tag this Judgment!Court : Mumbai
..... section 10a of the indian medical council act, 1956, in so far as it is material, provides as follows: 10a. ..... in this regard, having regard to the time lines which have been prescribed by the medical council, we are of the view that the exercise of the writ jurisdiction under article 226 of the constitution would not be appropriate or proper. ..... on 21 february 2012, the petitioner addressed a communication to the board of governors of the medical council of india stating that between 1 january 2011 and 20 february 2012, the average daily opd attendance was 3127. ..... the petitioner has challenged a decision of the board of governors of the medical council of india, rejecting an application seeking an increase in the seats for the m.b.b.s. ..... on 29 march 2011, the petitioner received an essentiality certificate from the government of maharashtra recording that: (i) the institute has 1250 teaching beds; (ii) the average opd strength per day is 1878; and that (iii) in case the applicant failed to create infrastructure for the course as per mci norms ..... state of maharashtra, (2001) 10 scc 264it is well settled that the regulations lay down the eligibility criteria to be complied with for making an application. ..... (state of maharashtra vs. ..... by a letter dated 22 february 2012, the petitioner stated that the institution should not be held responsible for discrepancies in the essentiality certificate issued by the government of maharashtra. .....
Tag this Judgment!Court : Mumbai
..... the medical council of india (`mci') in exercise of powers conferred by section 33 of the indian medical council act, 1956 has framed regulations on graduate medical education. ..... clause-13 also stipulates that where a student seeks a transfer from a government medical college situated in maharashtra, the medical board of the relieving college should submit a medical certificate. ..... the petitioner was informed by a letter dated 30 december 2010 of the director, medical education and research, mumbai that his name was not listed in the transfer list because of a restriction on the number of transfers from the receiving college for the regular batch of june 2010 and reliance was placed in that regard on guideline no.2 of the information brochure for transfer of medical students in the state of maharashtra for 2010-11. ..... for 2012-13, the state government has now issued a brochure for medical students in the state of maharashtra in which it has been stated in clause-13(a) that transfers shall be considered on genuine grounds. ..... on 24 august 2012 a circular has been issued by the dmer to constitute a committee of the following persons for considering requests for transfer namely: (i) director of medical education and research; (ii) vice chancellor of muhs; (iii) joint secretary, medical education and drugs department; (iv) joint director, drugs department, government of maharashtra. 16. .....
Tag this Judgment!Court : Mumbai
..... the medical council of india (`mci') in exercise of powers conferred by section 33 of the indian medical council act, 1956 has framed regulations on graduate medical education. ..... clause-13 also stipulates that where a student seeks a transfer from a government medical college situated in maharashtra, the medical board of the relieving college should submit a medical certificate. ..... the petitioner was informed by a letter dated 30 december 2010 of the director, medical education and research, mumbai that his name was not listed in the transfer list because of a restriction on the number of transfers from the receiving college for the regular batch of june 2010 and reliance was placed in that regard on guideline no.2 of the information brochure for transfer of medical students in the state of maharashtra for 2010-11. ..... for 2012-13, the state government has now issued a brochure for medical students in the state of maharashtra in which it has been stated in clause-13(a) that transfers shall be considered on genuine grounds. ..... on 24 august 2012 a circular has been issued by the dmer to constitute a committee of the following persons for considering requests for transfer namely: (i) director of medical education and research; (ii) vice chancellor of muhs; (iii) joint secretary, medical education and drugs department; (iv) joint director, drugs department, government of maharashtra. 16. .....
Tag this Judgment!Court : Mumbai
..... state of tamil nadu and others (supra) the provisions of section 10a of the indian medical council act override the provisions of section 64 and 65 to the extent they are contrary. ..... letter dated 30 august 2013 it was communicated that they have included three post graduate courses in centralized counselling admission process and therein further specifically recorded/ mentioned that in respect of other 6 courses the directorate of medical education, state of maharashtra is not in position to allot any student to petitioner no.2 college and permitted the college to admit student directly on merit basis. ..... however, on 23 july 2013, the petitioners were informed verbally that their request could not be considered until they receive the final permission/ government resolution/ notification from the department of medical education and drugs government of maharashtra. ..... such permission from the state government was already granted to the petitioners in the year 2007 under the provisions of maharashtra university of health science (for short, muhs act?). ..... respondent no.2 is a state of maharashtra having control over respondent no.1 and 3. ..... state of maharashtra 2006(9) s.c. ..... respondent no.1 is a maharashtra university of health science nashik, (for short, "muhs") which is an examining body. ..... iv) state of maharashtra vs. ..... maharashtra university of health sciences and ors. .....
Tag this Judgment!Court : Chennai
..... a writ of mandamus directing the 5th respondent to take over the 1st respondent college and hospital in accordance with law by passing a special legislation and to run and administer the 1st respondent college by complying with medical council of india norms and consequently direct the 3rd respondent to grant the approval under section 10-a of the indian medical council act to the 1st respondent college under the new management. ..... a writ of mandamus directing the 5th respondent to take over the 1st respondent college and hospital in accordance with law by passing a special legislation and to run and administer the 1st respondent college complying with medical council of india norms and consequently direct the 3rd respondent to grant the approval under section 10-a of the indian medical council act to the 1st respondent college under the new management. ..... the institution by admitting students without permission and in violation of the indian medical council act and related regulations waged a war against the established system and the rule of law.78. ..... few states, like karnataka, tamil nadu, andhra pradesh, maharashtra, kerala, delhi etc. ..... state of maharashtra and others (2005) 6 scc537 tma pai foundation case (supra) has stated that there is nothing wrong if the entrance test being held by self financial institutions or by a group of institutions but the entrance test they ..... the supreme court in state of maharashtra v. .....
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