Post Graduate Institute Of Medical Education And Research Chandigarh Act 1966 Section 6 Term Of Office Of And Vacancies Among Members - Judgment Search Results

Post-graduate Institute of Medical Education and Research and anr. Vs. ...

Court: Supreme Court of India

Reported in: AIR2003SC1831; JT2003(2)SC431; 2003(2)SCALE542; (2003)5SCC321; (2003)2UPLBEC1109

no date. As it stands today, the third and fourth post in the prescribed hierarchy in the Engineering Department are described (Electrical). The letter of appointment stated, 'while employed in the Institute you will be liable to be posted at any place of the post No. of posts1.Superintending Hospital Engineer12.Hospital EngineersMechanical1Electrical Air-conditioning1Bio medical15Material Management1Civil13.Technologists Grade. I144.Technologists Grade II1632. It is noteworthy that the incorporated under a statute entitled the Post-Graduate Institute of Medical Education and Research, Chandigarh Act, 1966 (referred to as the '1966 Official Gazette made the Post-Graduate Institute of Medical Education and Research, Chandigarh, Rules, 1967 (referred to hereafter as the Rules). Rule statute entitled the Post-Graduate Institute of Medical Education and Research, Chandigarh Act, 1966 (referred to as the '1966 Act'). The object primarily with maintenance works of the Institute and includes diverse activities from maintenance of mechanical equipment such as operation tables to the Post-Graduate Institute of Medical Education and Research, Chandigarh Act, 1966 (referred to as the '1966 Act'). The object for setting particular vacancy was met or how the supposedly separate Electrical section was manned in the absence of an incumbent in the from 1978 there were 12 posts of Technologist Grade II, 6 posts of Technologist Grade I, and 4 posts of Technologists Clause (f) of Section (2) to Section 31:'the number of officers and employees that may be appointed by the Institute and despite their seniority, they were not considered against the available vacancies in the post of Technologist Grade I and that the

Navneet Kulsheshthra and Others Vs. State of U.P. and Others

Court: Allahabad

scale of pay to be Rs. 4000-6000. It was only post-entry in service that an objection was raised by the petitioners in terms of the provisions of the Sanjay Gandhi Post Graduate Institute of Medical Sciences Act, 1983 (The 1983 Act) with (j) may regulate and determine all other maters concerning the Institute in accordance with this Act, and the rules and regulations Reasons With a 4 2005 Act view to providing specialized medical facilities to the rural areas, which accounts for 80% of established as a center of excellence for providing medical care, educational and research facilities in the field of medical sciences in be known as the Rural Institute of Medical Sciences and Research. It further provided that all the assets, liabilities and employees Note Statement of Objects and Reasons With a 4 2005 Act view to providing specialized medical facilities to the rural areas, the administration and management of the Institute. The provisions of Sections 17 and 18 of the Act further buttress the conclusion those of SGPGI. The 2005 Act made no provision in terms of which the employees and staff were to be accorded of Principals, Professors, Associate Professors, Assistant Professors and Group 'A' officers, as may be necessary, shall be appointed by the President, found mention in Section 16 of the 2005 Act and amongst them the pivotal body was the Governing Body. Section 18

Dr. Preeti Srivastava and anr. Vs. the State of Madhya Pradesh and ors ...

Court: Allahabad

Reported in: (1999)3UPLBEC2179

may constitute from among the members of the council a post-graduate medical education committee (hereinafter referred to as the postgraduate medical therefore, hold that the judgment of this Court in Post Graduate Institute of Medical Education & Research, Chandigarh and Ors. v. the minimum qualifying marks cannot be substantial.63. In Post Graduate Institute of Medical Education & Research, Chandigarh and Ors. v. K. the eligible candidates qualified for bang considered for admission to medical education imparted in medical colleges of the State, looking to from among the members of the Council a Postgraduate Medical Education Committee (hereinafter referred to as the Postgraduate Committee).(2) The postgraduate of this Court in Postgraduate Institute of Medical Education & Research, Chandigarh and Ors. v. K.L. Narasimhan and Anr., JT 1997 Court in Post Graduate Institute of Medical Education & Research, Chandigarh and Ors. v. K.L. Narasimhan and Anr., (supra) cannot be would naturally project a consideration which is prior to their actual entry in the institutions as students for being imparted higher The Postgraduate Institute of Medical Education and Research, Chandigarh Act, 1966, under Section 2 provides that the object of the said recognition, a power is given to the Medical Council under Section 16 to ask for information as to the courses of Medical Council Act. This aspect is clearly covered by Entry 66 of List I but so far as the second part courses for study i.e. curricula is also covered by the term 'education'. Training to be imparted to the students has a a person from open market is recruited as a medical officer and whose recruitment as medical officer would be subject to completely long listing of such reserved category candidates for the vacancies which are reserved for them and on which they would and for this purpose the Central government may constitute from among the members of the council a post-graduate medical education committee be redeemed. We also formally believe that given an opportunity, members of these classes are bound to overcome their initial disadvantages

Dr. Preeti Srivastava and anr. Vs. the State of Madhya Pradesh and ors ...

Court: Supreme Court of India

Reported in: AIR1999SC2894a; [1999]Supp1SCR249

treatment of patients entrusted to his care. Adequate number of post of clinical residents or tutors should be created for this public interest to ensure that the candidates at the post- graduate level have not just passed the examination, but they have In the group of civil appeals decided by Post Graduate Institute of Medical Education & Research, Chandigarh and Ors. v. K.1. for being admitted to the available permitted intake capacity in medical colleges will obviously remain in the domain of State legislature as follows:Entry 25, List III: Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, with laying down standards in institutions for higher education or research and scientific and technical institutions as also co-ordination of such national importance. The Post-graduate Institute of Medical Education and Research, Chandigarh Act, 1966, under Section 2 provides that the object of by separate legislation or by amending the Indian Medical Council Act, 1956 has not legislated about the controlling of admissions of The Post-graduate Institute of Medical Education and Research, Chandigarh Act, 1966, under Section 2 provides that the object of the said 16(4) must be within reasonable limits. The interests of weaker sections of society, which are a first charge on the States medicine in the exercise of its legislative powers under Entry 66, List I? The appellants/petitioners rely upon the Indian Medical Council serving the suffering humanity would all be covered by the term 'education'. So far as the quality of admitting students to administration. To wit, in the matter of appointment of Medical Officers, the Government or the Public Service Commission cannot say that completely long listing of such reserved category candidates for the vacancies which are reserved for them and on which they would and for this purpose the Central Government may constitute from among the members of the Council a Post-Graduate Medical Education p 1933 (Act XXVII of 1933)-(a) to give representation to licentiate members of the medical profession, a large number of whom are

Dr Preeti Srivastava and anr. Vs. State of M.P. and ors.

Court: Supreme Court of India

Reported in: AIR1999SC2894; JT1999(5)SC498; 1999(4)SCALE579; (1999)7SCC120

regulations which have been framed on the recommendations of the Post-Graduate Medical Education Committee prescribe in extenso the courses for post-graduate of higher medical education. It cannot be disputed that post graduate teaching in medical education is being imparted by institutions for an adverse effect on the standards of education in the institutes of higher education. Standards of education in an institution or [1982]1SCR759 (supra), Article 335 was not considered there. For post-graduate medical education, where the 'students' are required to discharge duties as best possible people at the highest levels of professional and educational training. At the level of a super speciality, something more medical institution in India for the purpose of teaching or research or for any charitable object;(d) to provide for the formation this Court in Postgraduate Institute of Medical Education and Research, Chandigarh v. Faculty Association : [1998]2SCR845 . However, so far as is true that under Section 23 of the Mysore University Act, 1956, the Academic Council shall have the power to prescribe The Post-Graduate Institute of Medical Education and Research, Chandigarh Act, 1966, under Section 2 provides that the object of the said of securing uniform standards of post-graduate medical education throughout India.' Section 20 of the Indian Medical Council Act, 1956 deals with the test militate against the powers of Parliament under Entry 66 of List-I. Entry ,66 List-I is not relatable to a subtle and indirect forms. Second, such policies are justified in terms of beneficial results that they will presumably promote: integration, use from open market by advertisement for appointment of full-fledged medical officers to be recruited through the process of selection to be completely long listing of such reserved category candidates for the vacancies which are reserved for them and on which they would question of controlling of admission by process of short-listing from amongst eligible and duly qualified candidates seeking admission to post-graduate medical for lower qualifying marks or lesser level of evaluation for members of reserved category was impermissible on account of Article 335

Dr. Vishwajeet Singh and ors. Vs. State of U.P. and ors.

Court: Allahabad

Reported in: 2009(3)AWC2929

be treated as 3. This is because the number of posts cannot be expressed in fraction and as a necessity, it responsibility for payment of salary to the teachers of post graduate/degree colleges. He further submits that the quota for reserved category in Suresh Chandra v. J. B. Agarwal and Post Graduate Institute of Medical Education and Research v. K. L. Narsimhan, in this Court in the case of Post Graduate Institute of Medical Education and Research, Dr. Dina Nath Shukla relied upon the there are only three sanctioned posts, in Statistics and Physical Education there are only one sanctioned post. In foregoing discussions, we Present or retired 'Principals of Postgraduate colleges ;(c) Directors of Research Institutes:Provided that at least two of the above persons shall 15 and 16 of the Constitution of India. In P.G.I. Chandigarh's case (supra) a Constitution Bench of this Court, while holding departments and faculties is also present in the State Universities Act, 1973 qua the degree colleges and affiliated colleges is to case when the open class had reaped a benefit in 1966-67 when a reserved vacancy was treated as unreserved by the 1980 Act, Rules and Regulations framed thereunder indicate that although Section 12 of the 1980 Act, has been amended by Act 3 of 1994 Act. Following was laid down in paragraphs 6, 7 and 8:6. However, there is an6ther aspect of the in 100 per cent reservation, which is not permissible in terms of Articles 15 and 16 of the Constitution of India. all citizens relating to employment, and to appointments to any office under the State. This means that on every occasion for with 1994 Act and whether the number of carry forward vacancies, i.e., 371 has been correctly determined?87. We have already held of post-graduate department by rotation in order of seniority from among teachers of affiliated colleges.(iii) Three teachers teaching post-graduate classes other altogether for a number of years until the number of members of all Backward Classes reaches 500, i.e., till the quota

State of U.P. and ors. Vs. Bharat Singh and ors.

Court: Supreme Court of India

appeals as Principals of various aided non-Government degree colleges and post- graduate colleges within a period of one month subject to from the rigors of reservations while the Degree and Post- Graduate institutes did not enjoy any such immunity. The difference between the State to take instructions whether the Government intended to institute any further enquiry in the matter. Despite the opportunity learned Ors. (1988) 2 SCC 214 and Post Graduate Institute of Medical Education & Research, Chandigarh v. Faculty Association & Ors. (1998) 16(4) of the Constitution. In Bhide Girls Education Society v. Education Officer, Zila Parishad, Nagpur and Ors., 1993 Supp (3) SCC SCC 214 and Post Graduate Institute of Medical Education & Research, Chandigarh v. Faculty Association & Ors. (1998) 4 SCC 1, this Court in Post-graduate Institute of Medical Education & Research, Chandigarh v. Faculty Association and Ors. (1998) 4 SCC 1 case when handled by the institutions. There is nothing in the Act, the Rules and Regulations, to even remotely, suggest that the conditions of eligibility stipulated under sub-section (2) and (2-a) thereof. Section 11 enumerates the functions of the Commission which includes the enquiry into the validity of the selection process under Section 6 of the Uttar Pradesh Higher Education Services Commission Act, 1980 him to show restraint in issuing the placement orders in terms of the recommendations received from the Service Commission.8. Aggrieved by the matter and accordingly quashed the order appointing the enquiry officer as also the instructions issued by him against the making provision is intend to achieve is to ensure that the vacancies are referred to the Statutory Commission to enable it to post cadre should have been filled only by open competition amongst all segments of the society."48. In the light of the in the cadre will be kept reserved exclusively for the members of the backward classes and in total exclusion of the

Mohammed Sulaiman Vs. Director of Medical Education

Court: Kerala

Reported in: 2006(2)KLT205

by the Delhi University in relation to the postdoctoral (DM/MCh) post-graduate decree was held to be contrary to the directions in least 8 years alone are eligible to apply for Post Graduate Medical course, qualifying examination of which is M.B.B.S., as per may in the circumstances be reserved on the basis of institutional preference in the sense that a student who has passed Post Graduate Course in Kerala. While so, the Director of Medical Education, Kerala, 1st respondent in the Writ Petition, invited applications broader considerations of equality of opportunity and institutional continuity in education which has its own importance and value, it must be that the judicial precedents referred by the parties in unmistakable terms condemn College-wise reservation and permit reservation based-on domicile.4. Learned counsel in the prescribed form, but the moment they approached the office of the 1st respondent they were informed that their applications

Faculty Association, Post Graduate Institute of Medical Education and ...

Court: Punjab and Haryana

Reported in: (2000)124PLR76

been working in the Respondent-Institute on ad hoc basis'?8. The Post Graduate Institute of Medical Education and Research was incorporated by branches of health activity'; and 'to attain self-sufficiency in post- graduate medical education to meet the country's needs for specialists and Lal Gupta, J.1. The Faculty Association of the Post Graduate Institute of Medical Education and Research as also the 28 ad of health activity'; and 'to attain self-sufficiency in post- graduate medical education to meet the country's needs for specialists and medical CA No. 3175 of 1997 (Post Graduate Institute of Medical Education and Research v. Faculty Association and Ors.) and authoritatively held hoc basis.' As a result of this 'ad-hocim', the education, research and patient care have suffered, still more, there has been 3997 of 1998 in the case of Government Medical College, Chandigarh v. SC/STs Medical Association Registered, Delhi and Ors. This was selection and appointment by adopting any dilatory method. Thereafter, further action in accordance with law shall be taken. The posts should Education and Research was incorporated by Act No. 51 of 1966. By Section 2, the Institute was declared as 'an Institution The functions of the Institute have been elaborately delineated in Section 13. Thus, the Institute has to provide 'educational facilities of to make ad hoc/temporary appointments under Regulation 22 and Clause 61 of Schedule I to the PGI Act. They allege that the posts of Assistant Medical Officers and Assistant Divisional Medical Officers in the Railways. A perusal of the orders shows that of the respondents.....'. The petitioners allege that against the available vacancies, 'only 40 Assistant Professors have been appointed......on ad hoc basis.' that the Director should talk to both groups of Faculty members and try to reach a written consensus. The matter should

D.G. Kanhere and ors. Vs. the Registrar, University of Pune and ors.

Court: Mumbai

Reported in: (1999)101BOMLR804

the carry forward rule cannot be applied to reserve 100% posts in a year in favour of the backward classes. The point. Accordingly, the impugned decision in the case of Post Graduate Institute of Medical Education and Research cannot also be sustained. the University, however, submits that the Supreme Court in Post-Graduate Institute of Medical Education and Research's case was considering only one the Supreme Court in the case of Post-Graduate Institute of Medical Education and Research v. K.L. Narasimhan and Anr. : AIR1997SC3687 by its subsequent judgment in the Post-Graduate Institute of Medical Education and Research's case referred above.3. Now, in the light of in the case of Post-Graduate Institute of Medical Education and Research v. K.L. Narasimhan and Anr. : AIR1997SC3687 submits that the the case of Post-Graduate Institute of Medical Education and Research, Chandigarh v. Faculty Association and Ors. : [1998]2SCR845 . In the that if 12 posts are advertised for recruitment, appointment to 6 posts could be made and the balance 6 posts again petition succeeds and is allowed, rule is made absolute in terms of prayer Clauses (a) and (b)(ii) which read thus:-(a) for reserved for SC/ST. It is not the case that backlog vacancies should be thrown open to the general candidates unless they Government be directed to de-reserve the vacancies meant for such members when it was found that suitable Scheduled Caste and Scheduled