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Medical Council of India (MCI), New Delhi, Delhi



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Medical Council of India (MCI), New Delhi, Delhi
Address:Pocket-14, Sector - 8, Dwarka Phase -1
New Delhi (District New Delhi)
Delhi, India
Pin Code : 110077


Medical Council of India (MCI), New Delhi Delhi is a Central Authority under the control of Government of India. Medical Council of India (MCI), New Delhi Delhi was established on / in 1934.


Medical Council of India (MCI), New Delhi Delhi is situated in New Delhi of Delhi state (Province) in India. This data has been provided by www.punjabcolleges.com. New Delhi comes under New Delhi Tehsil, New Delhi District.

Fax # of Medical Council of India (MCI), New Delhi Delhi is +91-11-25367024,25367028.

Contact Person(s) of the Medical Council of India (MCI), New Delhi Delhi is (are): Secretary: Lt Col Dr ARN Setalvad (Retd).

email ID(s) is Medical Council of India (MCI) New Delhi Delhi

Website of Medical Council of India (MCI), New Delhi Delhi is www.mciindia.org.

Additional Information about Medical Council of India (MCI), New Delhi Delhi is : 23 August 2013
Centre creates legislation to control MCI
A new bill has been introduced in the Rajya Sabha which will give the Centre legal authority in matters of corruption and policies of the MCI .

Chairman : Dr Rakesh Kumar Srivastav (earlier Dr KK Talwar).
General Secretary : Prof Sanjay Shrivastava.

Contact Details of Medical Council of India (MCI), New Delhi Delhi are : Telephone: +91-11-25367033, 25367035, 25367036, 25367037


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Profile of Medical Council of India (MCI)

The Medical Council of India was established in 1934 under the Indian Medical Council Act, 1933, now repealed, with the main function of establishing uniform standards of higher qualifications in medicine and recognition of medical qualifications in India and abroad. The number of medical colleges had increased steadily during the years after Independence. It was felt that the provisions of Indian Medical Council Act were not adequate to meet with the challenges posed by the very fast development and the progress of medical education in the country. As a result, in 1956, the old Act was repealed and a new one was enacted. This was further modified in 1964, 1993 and 2001. The objectives of the Council are as follows.
Maintenance of uniform standards of medical education, both undergraduate and postgraduate.
Recommendation for recognition/de-recognition of medical qualifications of medical institutions of India or foreign countries.
Permanent registration/provisional registration of doctors with recognised medical qualifications,
Reciprocity with foreign countries in the matter of mutual recognition of medical qualifications.

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Media coverage of Medical Council of India (MCI), New Delhi Delhi, Delhi

Search for Medical Entomology PG hand continues

THIRUVANANTHAPURAM: The State Government is in search of that elusive medical entomology post-graduate to fill a faculty position in the states medical college. And the Kerala PSC, which notified the vacancy on April 16, has extended the last date for application, for the third time.

It is not just the repeated extensions that had brought this notification to the limelight but the qualification prescribed for a medical teaching post. The required qualification for the post has been notified as either an MSc in Entomology or an MSc in Medical Entomology or an MSc degree in Zoology.

The Medical Council of India (MCI) had issued specific guidelines for appointment as medical college teachers and a basic MBBS degree is a must for all candidates except for those who teach statistics.

The MCI also directs that in the departments of anatomy, physiology, biochemistry and pharmacology, non-medical teachers can be appointed to the extent of 30 percent of the total posts in the department.� Any relaxation on this calls for an approval from the MCI.

Besides, a post-graduation course in entomology is generally based on agriculture and medical entomology post-graduation course is a very rare phenomenon, especially in India.

Director of Medical Education Dr V Geetha said that the present notification from the PSC was based on an executive government order.

As per the MCI norms, the post has to be filled by a candidate who has qualified MD in community medicine. We had requested the government to amend that order and we had attached the representations made by various organisations on this. It would take sometime for the new amended order to be issued, Geetha said. While the notification from the PSC insists on zoology post-graduates having either a first class or a second class, the entomology post-graduates and medical entomology post-graduates have no such parameters. Same is the case with the experience of the candidates.

While the zoology post-graduates need to have five years experience in medical entomology in a medical college, there are no specifications for entomology post-graduates.� There is not even any mention about the UGC-NET clearance that is mandatory for any teaching post as per the UGC.

This has happened because a technical post is converted into a teaching post. Generally in other states, entomology is not a teaching post. This might even create problems in the case of an MCI inspection, said Dr S S Santhoshkumar, president of the Confederation of Medical College Doctors.

Sources in the medical community said that there were at least 164 such posts in medical colleges where a masters degree has been specified as the only requirement while the MCI clearly said that only MBBS doctors should be appointed as teachers in medical colleges.

At least 23 Pakistan doctors practising in Indore without permit

Indore: At least 23 doctors of Pakistani origin are practising medicine in the city without proper clearance from the Medical Council of India (MCI).The matter came to fore when members of the local branch of the Indian Medical Association pointed out that 14 out of 42 Pakistani doctors, earlier identified by them, had defied the MCI directive that made it mandatory for them to get registered in India before seeing patients.And, though these doctors continue to have a robust practice in Indore, either as individuals or through some private hospitals, they are not part of the Indian system and cant be governed by its laws.Some of these doctors have degrees from the Baluchistan University, which is not considered valid in India.DNA spoke to the 23 doctors identified by the medical association. All of them said they are yet to validate their medical practice.While some of them claimed that they will apply for registration soon, others said they had suspended their practise till the time the registration issue was sorted out. Some of them claimed they had temporary registrations.A doctor practising without registration is a quack and is liable for criminal proceedings. MCI can take action only against those doctors who are registered with it, said MCI secretary Sangeeta Sharma.She added that even with temporary registration, one can only work as an intern and cannot practise individually.Temporary registration is provided on the condition that the doctor would work under supervision at any charitable hospital, Sharma said.In a recent ruling, the Supreme Court has said that doctors, who have come to India after 2002 from any foreign country, will have to undergo a test for getting the valid permit for practising here.

One such Pakistani doctor who came to the city after the year 2002, Dr Ramesh Lal Utradi said, I have come to the city after the year 2002 so I have not got the permission yet. It is under process and for the time being I am not practicing.

AGP for increase in number of medical seats

NEW DELHI, Aug 30 – Pressing for mandatory provision in the Medical Council of India (MCI), AGP has urged the Centre to take steps to increase the seats in the existing Government medical colleges of the North-Eastern Region and increase PG seats.

Participating in the discussion on the Indian Medical Council Amendment Bill, Kumar Deepak Das said that in the North-Eastern Region, people have to depend only on the Government medical colleges. But, the seats in the Government medical colleges are few while seats for PG courses have not been increased. Recently, the MCI has added 1800 seats, but only a few seats have been allotted against the colleges in the North-Eastern region.

He said the Centre needs to take positive steps for the development of dental health services in the North-Eastern region.
We have only one dental college in Assam, whereas we need five to six more Government dental colleges, and also the private dental colleges. On the other hand, the existing dental college has only a limited number of BDS and MDS seats, he said.

The MP also urged the Minister to take the problem seriously and adopt necessary steps to give permission to open more dental colleges in the North-Eastern Region and increase the number of seats for BDS and MDS courses.

SC nod for common medical test

Satisfied with the follow-up action taken by the government on Medical Council of India s proposal to have common national eligibility-cum-entrance test (NEET) for medical college admissions across the country for both graduate and post-graduate courses, the Supreme Court on Monday gave its final nod to the proposal.

MCI counsel Amarendra Sharan informed a bench of Justices R.V. Raveendran and A.K.
Patnaik that the relevant rules for holding of the NEET for admission for graduate (MBBS) and post-graduate (MD and MS) courses has been framed.

The court then said if the government had put in place the legal framework, there should be no hindrance in the way of implementing the scheme from 2012-13 academic session.

The bench said if the rules were put in place, the MCI could go ahead and there was nothing for the Supreme Court to do further in the matter and disposed of the pending petitions on the issue.

The proposal mooted by MCI last year to introduce the NEET system from 2011-12 session could not be implemented from this year due to the initial reluctance shown by the Union health ministry against the proposal and even opposing it in the apex court.

Delhi High Court questions DU on medical admissions

New Delhi: The Delhi High Court has questioned the Delhi University (DU) on a plea challenging an allegedly discriminatory residence criteria laid down by it for candidates seeking admission to the MBBS course.

The petition was filed by three women who had cleared the DU Medical-Dental Entrance Test 2011 (DUMET) but were denied admission because they did not fulfil the prescribed conditions related to place of residence for appearing in the test.

The petitioners alleged that no information regarding the criteria of admission was provided to them and even the bulletin of information-2011, issued by the university, did not specify that only citizens of Delhi could take admission to MBBS course with hostel facility.Besides the university, Justice M.L. Mehta July 1 also issued notice to the union health ministry and the MCI and sought their response by Monday.The petitioners alleged that the central government and the Medical Council of India (MCI) had allowed the DU to adopt a discriminatory and non-uniform policy.
The omission of the university to prescribe residence requirements for admission to the MBBS course 2011-12 is in violation of the law laid down by the Supreme Court, said the petition.
The petitioners sought a direction to the DU to consider their admission to the MBBS course in any of its affiliated colleges.

A direction be issued to the MCI and the health ministry and the university to forthwith prescribe a uniform and non-discriminatory policy for the entrance test for MBBS course, the petition said.
The MCI framed the Medical Council of India Regulations on Graduate Medical Education, 1997, which were conspicuously silent of any provision with regard to allocation of seats amongst the selected candidates on the basis of residence, the petition added.

Number of seats in SN Medical College increased by 50

Jodhpur: The Medical Council of India (MCI) has issued the notification to increase the number of seats in S N Medical College by 50. Now the exam for admission to MBBS (UG) will be done for 150 seats.

The head of S N Medical College, Dr R K Aseri, said that an MCI team has come to the decision after conducting an inspection of the medical college and concerned hospitals on April 7-8. He said that the number of teachers in the college is adequate to deal with the increased number of students.

Apart from the increase in the number of seats, the budget allotted for the construction of hostel and other educational proposes was also released. A new PG hostel will be constructed in the MDM Hospital at the cost of Rs 7 crore. Also, the existing UG Boys Hostel will be converted into a PG hostel at the cost of Rs 180 lakh. Rs 125 lakh will be spent on the girls hostel. Rs 1 crore will also be spent on the renovation of old hostels.

As per a central government initiative to overcome shortage of doctors in the state, about 350 seats are to be increased in Rajasthans six medical colleges. 50 seats each in Udaipur and Ajmer, and 100 in Jaipur will be increased. Admissions to seats will be done next month after PMT counselling session.

MCI turns down foreign varsity Bill

The Medical Council of India (MCI) has opposed the governments proposed Foreign Educational Institutions Bill to allow and regulate foreign universities in India, refusing to support the landmark legislation which the world is watching. The countrys apex medical education regulator has written to the human resource development (HRD) ministry arguing that the MCIs rules do not allow it to support the proposed legislation, top government sources have told.

The MCIs opposition may delay the Bill, which is critical for a number of top global universities to partner with Indian institutions or set up campuses here.Several institutions in the US and the UK have been eying the Indian market, especially as higher education in those countries is currently facing a major financial crisis. Till the Bill is enacted, foreign universities cannot set up campuses here, or offer twinning arrangements with Indian institutions.The opposition to the Bill comes even as the Parliament Standing Committee on HRD finalises its report on the Bill. The House panel today summoned the University Grants Commission to depose on the Bill.Sources said the UGC broadly supported the Bill. But the MCIs opposition will not be easy for the government to ignore, as it is the designated statutory authority for recognizing foreign educational institutions keen to enter India, under the FEI Bill.

Some government sources, however, indicated that the MCI may yet be convinced into revising its stand. The MCI has argued that under its rules, any institution — including foreign institutions keen on offering medical degrees in India — must undergo the Councils rigorous scrutiny.Our concern is that the FEI Bill, while designating us the statutory authority, does not allow the rigorous scrutiny prior to an institute starting its campus, that we are required to do under the rules, an MCI source said.The only way out is to change the MCIs rules, the source added.

80 more MBBS seats in Madhya Pradeshs quota

Indore: The Medical Council of India (MCI) has decided to allocate 80 more MBBS seats to Madhya Pradesh from the next session. Out of the 80 seats, Indore, Jabalpur, Gwalior and Bhopal will get 10 seats each while 40 seats have been reserved for candidates from Reeva.The MCI will be releasing an official notification in this regard soon.During the MCIs meeting in Hyderabad on Thursday, councils chairman Dr. SK Sareen told Minister of State for Health Mahendra Hardia that the MCI is contemplating an increase in the quota of MBBS seats for Madhya Pradesh.During the meeting, Hardia raised the issue regarding less seats being given to the state.We have been raising the issue for the last 10 years but the MCI has failed to come out with any substantial answer, said Hardia.MCI chairman Sareen said that following the Reeva Medical Colleges demand of increasing the quota in the MBBS entrance test, Union Health Minister Gulam Nabi Azad had a detailed discussion with him over the issue.We have decided to add 80 seats in Madhya Pradeshs quota. I will be releasing the notification in this regard once back in Delhi, said Sare

Medical Education Minister RS Chibb against MCI proposal

Jammu and Kashmir has decided to continue the selection process for medical graduate and post-graduate courses

Jammu and Kashmir has decided to continue the selection process for medical graduate and post-graduate courses through its Board of Professional Entrance Examinations (BOPEE), trashing the Medical Council of India (MCI) proposal to conduct the national eligibility-cum-entrance test (NEET).

The state's Minister for Medical Education R.S. Chibb has said that a communication in this regard has already been sent to the union government. The minister said it was not in the interest of the candidates of Jammu and Kashmir to do away with the BOPEE, which had been created through a legislation passed by the state legislature. "Whatever happens in the rest of the country, BOPEE will continue to conduct such examinations in our state," the minister said.

The MCI had issued a notification Dec 21, 2010, for conducting NEET for admissions to graduate and post-graduate medical and dental courses in the country. It sought to introduce NEET for MBBS and post-graduate admissions and fixed 50 percent marks as cut-off for being eligible to appear in the entrance examination.

The MCI notification also said it would abide by the reservation norms as applicable in various states for such courses. But the union health ministry struck down the MCI notification, calling it "invalid as the MCI had gone ahead without consulting it". The union health ministry has asked the MCI to present the proposal of NEET during the two-day conference of state health ministers in Hyderabad later this month so that all states are taken on board on the issue and a decision subsequently taken.

Soon, medical students may learn about patients spiritual health

Apart from studying anatomy and medicine, medical students may soon learn about patients spiritual health as part of the curriculum. The civic body-run KEM Hospitals Seth GS Medical College is planning to introduce medical humanities as a subject in the five-year MBBS syllabus that will have spiritual health as one of its component.

We plan to include spiritual health as a component of medical humanities. The objective is to develop skills of compassion, empathy, non-judgmental attitude, motivation and human oriented communication instead of patient oriented approach in medical care, said Dr RR Shinde, professor and head, department of preventive and social medicine, KEM Hospital.In the next six months, a syllabus for medical humanities will be prepared, practical sessions will be designed and submitted for approval to the Medical Council of India (MCI), he added.

The move draws inspiration from the definition of health as defined by the World Health Organisation (WHO) to include physical, mental, social, and spiritual well-being and not merely absence of disease. Two months ago, Dr Sanjay Oak, dean, KEM Hospital, took up an initiative to promote humanitarian values among medical students to make them socially-oriented practitioners. It proposed to introduce medical students to different art forms such as music, dance, film appreciation and literature reviews to make them sensitive to patients needs and have a holistic understanding in treating them. The next step is to include spiritual health as one of the components of medical humanities.

MCI delegates are coming to the hospital in January and we will put our recommendations before them, said Dr Oak. I think as doctors when we perform a surgery, there is something supernatural which cannot be seen or felt, but it definitely exists, and makes the difference between success and failure, he added.Doctors feel that linking humanities and spiritual health with medical education could establish a human bonding between patients and doctors. It could also help doctors in reducing their stress levels. In medical education, we are taught so much about science, that after a point doctors start seeing patients as an object requiring a particular diagnosis or treatment. Understanding of medical humanities as well as spirituality will surely enhance the human approach in them, said Dr Bipin Doshi, head of department of Jainism, Mumbai University.

Doctors feel that the course improve communication between doctors and patients.
According to academicians, WHO has recognised the significance of the spiritual component of health. However, scientific research on the subject is in a premature stage. The influence and impact of spiritual health strategies are yet to be validated.

MEDICAL COUNCIL OF INDIA Versus GOLD FIELD SIKSHA SANSTHA AND OTHERS LPA No. 788 of 2010

IN THE HIGH COURT OF PUNJAB and HARYANA AT CHANDIGARH

Medical Council of India ...Appellant
Versus
Gold Field Siksha Sanstha and others ..Respondents.

CORAM: HONBLE MR. JUSTICE MUKUL MUDGAL, CHIEF JUSTICE HONBLE MR. JUSTICE AJAY TEWARI
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present :
Mr. Gurminder Singh, Advocate, for the appellant
Mr. Rajive Atma Ram, Sr. Advocate with
Mr. Arjun Partap Atma Ram, Advocate, for respondent No.1.
Mr. Ramesh Hooda, Advocate, for respondent No.2.

MUKUL MUDGAL, C.J
1. This appeal has been filed against the judgment and order of the learned Single Judge dated 24.05.2010. The facts may be briefly adumbrated as follows:-

2. Respondent No.1 set up a 300 bedded hospital in the year 2008. In the year 2009, it wanted to start a Medical College and for this purpose, moved an application dated 09.06.2009 to the State of Haryana for grant of Essentiality Certificate. The State Government carried out an inspection on 20.7.2009. The Essentiality Certificate was neither granted nor refused. On 17.8.2009, respondent No.1 moved an application to respondent No.3 University i.e. Pt. B.D.Sharma, University of Health Sciences, Rohtak for affiliation. Before the same could be decided, it proposed a scheme for establishment of new Medical College under Section 10(A) of the Indian Medical Council Act, 1956 (hereinafter referred to as the Act) to the Central Government. Vide order dated 22.10.2009, this application was returned by the Central Government pointing out the
deficiencies as follows:-

i. Essentiality Certificate from the concerned State Government
ii. Consent of Affiliation from the Affiliating University
iii. Proof of 300 bedded functional hospital.

3. On 29.3.2010, respondent No.1 filed the writ petition praying for the following reliefs:-
i) issue a writ in the nature of mandamus summoning the records of the case
ii)issue a writ in the nature of certiorari quashing
order dated 22.10.2009 Annexure P-11;
iii)_issue a writ in the nature of mandamus directing the respondent State to decide the petitioners application (Annexure P-3) and grant Essentiality Certificate to the petitioner.
iv) Issue a writ in the nature of mandamus directing the respondent University to decide the petitioners application (Annexure P-6) and grant Consent of Affiliation to the petitioner.
v) Issue a writ in the nature of mandamus directing respondents-Government of India and
Medical Council of India to consider the scheme submitted by the petitioner for
permission to establish a Medical College (Annexure P-7) on merits and to grant the said
permission with effect from the session 2010-11 forthwith.
vi) Any other suitable writ, order or direction as this Honble Court may deem fit and proper in the facts and circumstances of the present case be issued.

4. The appellant filed the written statement to the petition, in which it took the plea that the case of the petitioner-respondent could not be considered since the scheme moved by it was incomplete and thus there is no application within the meaning and provision of Section 10-A of the Act. It further pleaded that it was permissible for the Government of India to reject the scheme since as mentioned above as per its stand there was no scheme in the eyes of law. Consequently, it pleaded that since no scheme had been placed before the Medical Council of India upto 30.09.2009, the claim of respondent No.1 could not be acceded to. The Government of India did not file any reply defending its action and on the contrary, during the pendency of the petition on 30.4.2010, issued the Essentiality Certificate. A fortnight later, on 14.5.2010, the University also issued provisional affiliation to respondent No.1. During the hearing before the learned Single Judge, learned Counsel for Government of India gave a concession that the Government of India was prepared to forward the scheme to the appellant even at that stage. On the basis of this concession and on the basis of an earlier finding in a similar case involving the Dental Council of India, as well as for the reason that in many cases, the time limit was not adhered to, learned Single Judge held that the Government of India had no power to reject the scheme and gave the following directions:-

In view of the above position, the impugned communication (Annexure P-11) is hereby set aside. The petitioner shall resubmit the scheme to the Central Govt. within one week. The Central Govt. shall refer the same to the M.C.I within a period of one week thereafter. The M.C.I shall accordingly examine and evaluate the scheme in accordance with law and after carrying out the inspection etc. make its recommendations to the Central Govt. within two weeks from the date of receipt of the scheme from the Central Govt. The Central Govt. will accordingly pass the appropriate order for grant of permission or otherwise. Petition disposed of.

5. In a strange turn of events, the Government of India, who in normal course should have been aggrieved by the negation of its power to reject a scheme, did not file any appeal. Even more, curiously it has chosen to remain ex-parte before us in spite of service.

6. The first plea of learned counsel for the appellant is that the findings of the learned Single Judge laying down that the Central Government had no power to reject the application is vitiated. This plea could very well have been negatived on the basic premise that it was the Central Government who would be aggrieved of this declaration and indeed the proper party to challenge this finding. This having not happened, it could well be argued that the appellant- Medical Council of India had no locus to question the same.

However, considering the importance of this question, we feel it appropriate to address the same.
7. Relevant provisions of Section 10-A of the Indian Medical Council Act, 1956 reads as follow:-
PERMISSION FOR ESTABLISHMENT OF NEW MEDICAL COLLEGE, NEW COURSE OF STUDY
ETC.
10.A (1) Notwithstanding anything contained in this Act or any other law for the time being in force:-
(a) no person shall establish a medical college or
(b) no medical college shall:-
(i) open a new or higher course of study or training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognized medical qualification; or
(ii) increase its admission capacity in any course of study or training (including a postgraduate course of study or training), except with the previous permission
of the Central Government obtained in accordance with the provisions of this section.
Explanation 1-. For the purposes of this section, person includes any University or a trust but does not include the Central Government.

Explanation 2.- For the purposes of this section admission capacity in relation to any course of study or training (including postgraduate course of study or
training) in a medical college, means the maximum number of students that may be fixed by the Council from time to time for being admitted to such course or training.
(2) (a) Every person or medical college shall, for the purpose of obtaining permission under sub-section (1), submit to the Central Government a scheme in accordance with the provisions of clause (b) and the central Government shall refer the scheme to the Council
for its recommendations.
(b) The Scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed.

(3) On receipt of a scheme by the Council under subsection (2) the Council may obtain such other particulars as may be considered necessary by it from the person or the medical college concerned, and thereafter, it may - (a) if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person or college concerned for making a written representation and it shall be open to such person or medical college to rectify the defects, if any, specified by the Council. (b) consider the scheme, having regard to the factors referred to in sub-section(7) and submit the scheme together with its recommendations thereon to the Central Government.

8. The stress of learned counsel for the respondent was on the words Central Government shall refer in sub section 2(a) of Section 10 the Indian Medical Council Act, 1956 and it was submitted that the act of the Central Government was merely ministerial and the deficiencies, if any, were required to be examined by the Medical Council of India and the Central Government was not competent to do so.

9. Learned counsel for the appellant, however, has based his plea on sub section 2(b) of the Act which states that the scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed.

10. Mr. Gurminder Singh, learned counsel for the appellant submitted that even if it was assumed that the act of the CentralGovernment was ministerial, nevertheless without going into the merits of the validity and viability of the scheme, the Central Government could only forward a scheme which complied with all the requirements of the Regulations. He submitted that if the three essential documents namely; a) Essentiality Certificate from the concerned State Government; b) Consent of Affiliation from the affiliating university. c) Proof of 300 bedded functional hospital, were not available along with the scheme, the application was incomplete and thus could not be forwarded to the Medical Council
of India.

11. Mr. Rajiv Atma Ram the learned Senior Counsel for the Respondent Institution also referred to Clause 5 of the scheme framed under Section 10-A and 33 of the Act which reads as follows:-
5. Application referred by the Ministry of Health and Family Welfare to the Council will be
registered in the Council for evaluation and recommendations. Registration of the application will only signify the acceptance of the application for evaluation. Incomplete applications will not be registered and will be returned to the Ministry of Health and Family Welfare along with enclosures and processing fee stating the deficiencies in such applications. The Council shall register such incomplete applications, if so directed by the Central Government for evaluation bu shall submit only a factual report in respect of them and shall not make any recommendations.

12. Relying upon the above Clause 5, it was submitted that incomplete application referred to it by the Government of India could be returned to the Government of India, Ministry of Health, by the Medical Council of India without registration indicating the deficiencies and even such incomplete applications would have to be evaluated by M.C.I. if so directed by the Government of India, if it sent the applications returned by the Government to it again. In light of the above stipulation in the Regulation it was submitted by Shri Atma Ram and in our view with some justification that even incomplete applications had to be forwarded to the MCI by the Government of India and upon the return of the incomplete application with the deficiencies/ defects pointed out by the MCI, the Government could again forward it to the MCI for evaluation. Mr. Gurminder Singh for the appellant apart from relying upon the time schedule mandated in Mridul Dhars case (supra) also sought to rely upon Clauses 2 and 3 and in particular Clause 3 which stated as under in its preamble:-
3. FORM AND PROCEDURE: Subject to the fulfillment of the above eligibility and qualifying criteria, the application to establishment of medical college in form -1 shall be submitted by the person in the following parts, namely:-
3. Necessary certificates/documents as prescribed in qualifying criteria under paragraph 2
He argued that as per clause (3) a scheme could be proposed only after meeting the essential conditions of eligibility.

13. The other plea of learned counsel for the appellant is that the finding of the learned Single Judge that the time schedule provided by the Medical Council of India is directory and not mandatory is not justified as it is based on the reason that the Medical Council of India as also the Central Government having beengranting letters of intent and permissions beyond the time prescribed and therefore, the respondent (petitioner before the single Judge) college cannot be treated differently. Learned counsel for the appellant has argued that pursuant to the directions given in Mridul Dhar (minor) and others V. Union of India and others, JT 2005(1) SC 340, the Honble Supreme had mandated the time bound schedule. The relevant portion of the Honble Supreme Courts judgment in
Mridul Dhars case is as follows:-
SCHEDULE FOR RECEIPT OF APPLICATIONS FOR ESTABLISHMENT OF NEW MEDICAL COLLEGES AND PROCESSING OF THE APPLICATIONS BY THE CENTRAL GOVERNMENT AND THE MEDICAL COUNCIL OF INDIA
State of processing Last date
1. Receipt of applications by the Central Government From 1st August to 31st August (both days inclusive) of any year.
2. Receipt of applications by the MCI from Central Govt. 30th September
3. Recommendations of Medical Council of India to Central
Government for issue of Letter of Intent 31st December
4. Issue of Letter of Intent by the Central Government 31st January
5. Receipt of reply from the applicant by the Central Government requesting for Letter of Permission 28th February
6. Receipt of Letter from Central Government by the Medical Council of India for consideration for issue of Letter of Permission 15th March
7. Recommendations of Medical Council of India to Central Government for issue of Letter of Permission 15th June
8. Issue of Letter of Permission by the Central Government. 15th July.

Note: (1) The information given by the applicant in Part- I of the application for setting up a medical college that is information regarding organization, basic infrastructural facilities, managerial and financial capabilities of the applicant shall be scrutinized by the Medical Council of India through an inspection and thereafter the Council may recommend issue of Letter of intent by the Central Government.
(2) Renewal of permission shall not be granted to a medical college if the above schedule for opening a medical college is not adhered to and admissions shall not be made without prior approval of the Central Government. In light of the above schedule the Honble Supreme Court further held as under:-
14. Time schedule for establishment of new college or to increase intake in existing college, shall be adhered to strictly by all concerned.

15. Time schedule provided in Regulations shall be strictly adhered to by all concerned failing which defaulting party would be liable to be personally proceeded with.

Accordingly, the Medical Council of India had prescribed the said schedule approved by the Supreme Court. Learned counsel further submitted that learned Single Judge could not dilute the impact and effect of the said mandatory schedule prescribed by Medical Council of India and approved by the Honble Supreme Court of India. 14. Learned counsel for the respondent has referred to certain cases where appellant has itself departed from the time schedule and argued that there was no reason for the appellant to have taken such an arduous stand only in the present case where the direction given by the learned Single Judge is to merely conduct an inspection. As per learned counsel, it would have been different if the learned Single Judge had directed the Medical Council of India to grant permission but in the present case only a direction to conduct the inspection was given. We have noted that the Medical Council of India in certain departures from the time schedule for instance as directed by the Delhi High Court judgment in Azeezia Institute of Medical Sciences and Research v. Union of India (W.P.(C) No.4901/2010), has accepted the said departures but has sought to challenge the present judgment of the Single Judge. The learned counsel for the respondent also cited certain other instances which indicate departures from the Mridhul Dhar cases schedule. Even though there is substance in this argument of learned counsel for the appellant and there may have been cases where the appellant has chosen not to take such a legal stand, yet as mentioned above, we are bound by the mandatory directions of the Honble Supreme Court of India stipulating a time schedule in Mridul Dhars case. The learned Counsel for the Respondent relied upon a news item dated 19th September 2010 reporting a statement of the reforms suggested by the present Medical Council of India which had estimated a requirement of about 500 new Medical Colleges. As per learned counsel, it is very strange that on one hand the Medical Council of India is stressing on the need for increase in medical colleges and on the other hand, it has taken such a harsh and pedantic view in the present case where it has obdurately refused to even conduct an inspection. 15. Further more, even if there are certain directions in given cases permitting the relaxation of the said mandatory schedule approved in Mridul Dhars case (supra) by the Honble Supreme Court, it is not for this Court to relax the mandatory provisions of the scheme as this Court does not have the powers of the Honble Supreme Court under Article 142 of the Constitution of India. The mandatory directions pursuant to the judgment of the Honble Supreme Court in Mriduls case (supra) cannot be disregarded and the prescribed timeframe has to be followed.

16. In our view the absence of the very requirements indicated in Regulation 3 could lead to the return of the incomplete applications to the Government of India by the MCI with the deficiencies specified and Mr. Atma Rams plea may have been accepted. However, we can not disregard the position of law specifying the time schedule in Mridul Dhars case and can not accept any interpretation which could negate or dilute the impact of Mridul Dhars case. We consequently hold that Mr. Atma Rams plea can not be accepted only on account of the time limits fixed in Mridul Dhars case (supra).

17. In the circumstances, following the position of law laid down by the Supreme Court, we allow the appeal with no order as to costs. The writ petition would consequently stand dismissed.

(MUKUL MUDGAL)
CHIEF JUSTICE
(AJAY TEWARI)
JUDGE

Ketan Desai tenders his resignation from BJ Medical College

The tainted Medical Council of India (MCI) President Ketan Desai has tendered his resignation from the post of head of Urology Department at government-run BJ Medical college in Ahmedabad. A copy of the resignation letter sent by Desai which was received at the BJ Medical college by post has also been forwarded to the Health and Family Welfare Department of the state government. We have received the copy of resignation submitted by Ketan Desai to the BJ Medical College administration, a senior state government official told PTI on Saturday.

Desai, initially worked as a professor at BJ Medical college and was later elevated as head of the department Urology at the medical college, a college official said.

Ketan Desai and three others were arrested by CBI last month in connection with a Rs. 2 crore bribe for permitting a medical college in Punjab to admit students despite lack of infrastructure.

The four accused were booked by CBI under various provisions of Prevention of Corruption of Act, dealing with inducing a public servant to accept bribe, criminal misconduct and payment of money.

CBI grills MCI chief, angry Azad sets up probe panel

The CBI has tightened the noose around Medical Council of India (MCI) chairman Ketan Desai, uncovering records of several investments made by him, especially in the real estate sector in Gujarat. The CBI has also seized a computer with incriminating details of Desais investments, besides Rs. 6 lakh in cash, sources said.
Health Minister Ghulam Nabi Azad on Sunday set up a three-member fact-finding team to look into allegations involving a Punjab medical college, pending which Gyan Sagar Medical College at Patiala will not be allowed to take a new batch of students.

The committee, headed by additional secretary K. Desiraju has been asked to submit its report within a week.
Desai had been arrested on Thursday, along with an alleged conduit J.P. Singh, on charges of accepting bribes from medical colleges for granting recognition.The CBIs interrogation of Desai has yielded several leads, following which the agency has seized five property documents related to his Ahmedabad investments. Raids were carried out in Gujarat and Delhi, the sources added.

The seized computer has been sent for forensic examination and the agency is trying to retrieve all the data relating to his banking and non-banking investments, sources said.Although Desai and Singh have so far not admitted accepting a bribe, sources said two arrested officials of the medical college had confessed they had delivered Rs. 2 crore as bribe to the MCI chief.

A CBI source said the officials, Dr Kanwaljit Singh and Dr Sukhwinder Singh, said they were made to pay a bribe each time the colleges recognition came up for renewal.The CBI is planning to question Desais chartered accountants and conduct raids at other places thought to be linked to Desais investments.

The agency suspects scores of colleges had been granted recognition by the MCI though they did not fulfil the criteria.

Over 30% PG medical seats in UP not recognised

Over 30 per cent of the Post Graduate medical seats in Uttar Pradesh san lack recognition from the Medical Council of India (MCI). There are total 377 PG medical seats in the state quota at six medical colleges of which 135 are unrecognised. If these seats remain unrecognised for next three years students passing out will not be eligible to apply for a government job. Neither at government medical institute for teaching job or at a government hospital.
Presently Uttar Pradesh is facing shortage of at least 5000 doctors in government sector. Majority of the medical institutes too lack teaching faculty, for which Medical Council of India have issued several warnings.
Colleges need to get recognition on these seats in next two years, with retrospective effect, chances for which are poor with MCI going strict in following norms.

Recently the MCI - the apex body to monitor quality of medical education in India - issued notices to five colleges in UP asking them to improve facilities or shut courses.The maximum number of unrecognised PG seats is at MLB Medical College Jhansi. Here 35 out of total 44 PG seats are unrecognised.

At CSM Medical University 19 out of 96 PG seats are unrecognized while at the Baba Raghav Das Medical College, Gorakhpur 33 out of total 42 PG medical seats unrecognized.Commenting upon the status of recognition former director general (medical education) Dr Kamal Sahni said, Recognition upon these seats was taken back by MCI when it found shortcomings on the campus during inspections held in past few months. The recognition will come back only if the college improves teaching and infrastructure facilities.

She suggested that college authorities should pay attention to the shortcomings and remove them to get back recognition upon the seats at the earliest.Students who take admission upon the unrecognized seats are informed about the recognition status of the seats. Status of each seat is mentioned in the brochure filled by the candidate before taking the entrance test.

But students go for such seats hoping the recognition will be attained by the college in future. Since study in private college is expensive they prefer to take admission against an unrecognized seat instead of going to private college.
The fee for a three year PG course at a private college is Rs 15,00,000 and the total fee for PG course at government medical institute is roughly Rs 1,02,000.

In additional to the state PG seats there are almost equal number of PG seats filled through central quota (All India PG Medical Entrance Examination) but all those seats are recognised by the MCI.
Colleges Unrecognised PG seats
BRD Medical College, Gorakhpur 33 out of 42 seats
MLB Medical College, Jhansi 35 out of 44 seats
CSM Medical University, Lucknow 19 out of 96 seats
MLN Medical College, Allahabad 19 out of 4 seats
GSVM Medical College, Kanpur 9 out of 59 seats
LLRM Medical College, Meerut 7 out of 3 seats
SN Medical College, Agra 13 out of 54 seats

Medical colleges gear up to face second round of inspection

Three colleges were issued warnings after failing to achieve the criteria of adequate teaching staff, infrastructure, and instruments in the first round The fate of three medical hospitals-colleges in Gujarat hangs in limbo after the Medical Council of India (MCI) reported in its first round of inspection that they have failed to achieve the three main criteria of adequate teaching staff, infrastructure and instruments.

The Gujarat Adani Institute of Medical Sciences (GAIMS)-run Bhuj Medical College, which has been constructed at a cost of Rs 100 crore from the PMs Earthquake Relief Fund has been reported having serious lacunae. MCI has pointed out a shortage of beds in the hospital run by GAIMS.Warnings have also been issued to the Sumandeep University-affiliated K J Mehta General Hospital and College of Medical Sciences-Amargadh at Bhavnagar.

MCI president Dr Ketan Desai said: More discrepancies were found with GAIMS. But since the medical colleges are new, we have issued warnings. If they dont follow MCI norms, they will be given notices, which might result in the closure of the colleges.
He added: MCI has also issued warnings to the Rajkot Medical College. There is a 30-40 per cent shortage of senior resident doctors. Most of the doctors opt for another job after the completion of their course, which is a common phenomenon.He, however, refused to divulge further details.K J Mehta General Hospital, which was started in 2008-09, has an annual intake of 150 students for the MBBS programme. Sumandeep University trustee, Dr Mansukh Shah refused to comment on the matter. It is one of the 44 deemed universities in India, against which an affidavit has been filed in the Supreme Court a few months ago, challenging their status.

The second inspection by MCI is scheduled at the end of March or early April and the final inspection will be done in April end after which the admission process for the new session will begin in July.
GAIMS is apparently on its toes to meet the standards. It is the only medical college in Kutch. The old hospital was complete damaged in the 2001 earthquake.

Incidentally, GAIMS was claimed to be the first Public-Private-Partnership enterprise in the field of medical science education in India when it started its first batch in August 2009 with 120 seats.
For beginning the second batch this July, it needs to complete the construction of a separate building for the medical college, increase the bed facility at the hospital to 400 from the existing 300, and fill up the 14 per cent deficiency in faculty. If it fails to meet the criteria by the end of the third round of inspection, it will be barred from taking new admissions for the academic year 2010-11.

GAIMS, however, has claimed that it will meet all the standards and get the clearance in the second round of inspection itself. The construction of the separate building began in September 2009, and it is about to complete. We took a longer time to meet the sufficient number of beds at the hospital. When GAIMS got affiliation in 2009, the actual number of beds was only 220. So it took some time for GAIMS to add up the number of beds. By the end of March, as per the standard, the number of beds will go up to 400, said GAIMS director Bakul Dholakia.

He added that GAIMS has a 14 per cent deficiency in faculty, adding that five per cent deficiency is permissible by MCI. At present there are 114 faculties, and GAIMS requires 10 more. The recruitment process is on, said Dholakia.


MCI notice to medical collges in UP

Fate of students of five state run medical colleges in Uttar Pradesh hangs in balance after notice from Medical Council of India (MCI) to either correct shortcomings or they may face de-recognition. Medical colleges that have been served notices are JN Medical College (Aligarh), SN Medical College (Agra), GSVM Medical College Kanpur, MLN Medical College (Allahabad) and LLR Medical College (Meerut).

The shortcomings were pointed out during the surprise inspection by MCI teams on the basis of which notices were issued. Colleges got the notices on Tuesday. Authorities in UP accepted that notices have been served but the MCI has also time to rectify the shortcomings, which will be put right. Yes. The MCI has pointed out shortcomings at several state run medical institutes. They are mostly related to faculty strength and we have started recruitment at colleges, said Director General (Medical Education), Dr MC Sharma.

Apart from shortage of teaching staff the MCI teams pointed out shortage of lecture theatres, operation theatres and also separate buildings for each department. UP has six State run medical colleges and a medical university that have among them over 800 MBBS seats. In the five-year course at least 4000 students are enrolled in these colleges at any given time. De-recognition will mean no degree from their respective colleges for these students.

When asked head of medical institutes claimed majority of the objections raised by the MCI team were out of confusion.
MCI team came on a surprise visited and asked that all faculty members to come for attendance at once. They registered the doctors working in operations theatres as absentees. I hope this needs correction on their part, Dr Ashraf Malik, principal of the JN Medical College told. Medical colleges were given repeated warning earlier too but this time the MCI has given an ultimatum to correct the shortcomings. Threat for de-recognising the post graduate degrees has been a common practice for lack of teaching staff. This is because teachers at government institutes are getting better offers from private sector, said a senior official in the department of medical education.

MCI decides to increase seats in medical colleges

The latest decision of the Medical Council of India (MCI) pertaining to enhancement of upper limit of number of admissions in post and under graduate courses in medical colleges may prove a bonanza for Bihar. As per the decision taken by the MCI at its general body meeting held in New Delhi on Wednesday, a medical college with a bed-capacity of over 1,000 can admit up to 250 students as against the existing 150 students. The college, however, is expected to fulfill other ancillary and teaching requirements.

Two of Bihars leading medical colleges, Patna Medical College Hospital and Darbhanga Medical College Hospital, amply qualify for the provision, provided they improve their infrastructure and meet the requirement of faculty members, nurses and paramedical staff.

The other four medical colleges at Muzaffarpur, Gaya, Bhagalpur and Nalanda Medical College Hospital can also derive benefit from the decision after creating provisions for more than 1,000 beds. Now, their bed strength is much less than the MCI mandated number.

The MCI member from the State, Dr Basant Singh, who was present at the general body meeting, said that the decision was taken keeping in view the urgent need of doctors in Bihar and some other states in the country.
Another decision of the MCI to increase the teacher-students ratio from 1:1 to 1:2 in post-graduate courses would create more seats for PG students in the States existing medical colleges. Now, a professor can guide two students instead of one. The decision would straightway double the PG seats, said Singh.
The government is only required to send a list of teachers (professors and associate professors) to the MCI for availing the benefit, he added.

At present, Bihar faces a huge scarcity of PG degree holders, as the States only two medical colleges, PMCH and DMCH, provide courses in PG. The decision would provide a breather to the health department.
The other decision of the MCI, which would largely benefit the State, is the relaxation in the minimum requirement of land for opening new medical colleges from 25 acres to 20 acres. Several private parties, willing to set up medical colleges, could not do so in the absence of required land. Now, with the relaxed rules, they could open medical colleges, said another MCI member Dr Sahajanand Prasad Singh.=

UTSAV ARORAVsMEDICAL COUNCIL OF INDIA NEW DELHI AND OTHERS

In the High Court of Punjab and Haryana at Chandigarh

CWP No.11460 of 2009

Date of decision: 22.09.2009

Utsav Arora ... Petitioner
Versus
Medical Council of India, New Delhi and others ... Respondents.

CORAM:
HON'BLE MR. JUSTICE PERMOD KOHLI

Present:
Mr.JS Dahiya, Advocate,for the petitioner.
Mr.RS Kundu, Addl.AG, Haryana.
Mr.RA Ram, Senior Advocate, with
Mr.Arjun Partap Atma Ram, Advocate.

PERMOD KOHLI, J, (Oral):
The grievance of the petitioner is that his answer sheet has been changed.

As per admit card, Annexure P-1, placed on record, the petitioner had appeared under Roll No.401458.

Photostat copy of the answer sheet has been shown to the learned counsel for the petitioner who is satisfied that the signatures on the answer sheet are that of the petitioner.

In this view of the matter, nothing survives in the present petition.

Dismissed.

Photostat copy of the answer sheet has been returned back to the counsel for the University.

(PERMOD KOHLI)
JUDGE

DR MADAN LAL Vs MEDICAL COUNCIL OF INDIA and OTHERS



KAMAL SINGH AND ANR Versus STATE OF HRY AND ORS CIVIL WRIT PETITION 4749 OF 2007

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.

DATE OF DECISION: May 01, 2007

Parties Name Dr. Kamal Singh and another ..PETITIONERS
VERSUS
State of Haryana and others ...RESPONDENTS

CORAM:
HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MRS. JUSTICE NIRMAL YADAV

PRESENT:
Mr. D.S. Patwalia, Advocate, for the petitioners.
Mr. Rameshwar Malik, Addl. A.G., Haryana;
Mr. R.K. Malik, Advocate, for respondents No. 5 and 6.
Mr. R.S.Tacoria, Advocate; JASBIR SINGH, J.

Order.
By filing this writ petition, petitioners claimed that they be
given benefit of reservation police as envisaged in document Annexure P-6.

It is their further prayer that a writ of certiorari be issued to quash Annexure- C of the prospectus Annexure P-5, issued by respondent No. 2 to get admission in M.D./M.S./P.G. Diploma and MDS Courses (in short the
Courses ) for the academic session 2007-08, as in the prospectus, no reservation has been envisaged, which is contrary to the Notification Annexure P-6 and also guidelines, issued by University Grants Commission and law laid down by the Hon'ble Supreme Court of India.

Records reveal that for the purpose of admission to the
Courses, respondent No. 2 has been authorized to conduct the entrance examination, declare result etc..

Consequent thereto, respondent No. 2 issued prospectus Annexure P-5 stating necessary qualifications to appear in the entrance test, total number of seats, scheduled date for the test, counselling etc. It has further been shown as to how many seats will fall in
All India quota, HCMS reserved quota and open merit. In that prospectus, it is not mentioned that any seat is reserved for members of the Scheduled castes.

It is an admitted fact that as per the Schedule, fixed by
respondent No. 2, the petitioners had applied to appear in the entrance test .

They filled up their admission forms as general category candidates and did not claim any benefit of the reservation policy. They thereafter appeared in the Test, result of which was declared on March 12, 2007. As per merit list, they figured at Serial No. 100 and 90 respectively. It is thereafter that they have filed the present writ petition.

Before this Court, to claim benefit of reservation policy,
primary reliance of counsel for the petitioners is upon notification Annexure P-6 dated March 19, 1999, wherein it is mentioned that in educational/professional/medical/dental institutions/Colleges etc., the Government had decided to provide reservation, in favour of Scheduled castes, to the extent of 20%. Reliance to claim benefit of reservation has also been placed upon the prospectus, issued by All India Institute of Medical Sciences, New Delhi, and another prospectus, issued by respondent No. 2, for admission in MBBS/BDS/BAMS/BHMS courses, wherein seats have been reserved for members of the Scheduled castes.

Shri D.S.Patwalia, counsel for the petitioners, has vehemently contended that Annexure -C, attached with the prospectus Annexure P-5, runs contrary to the stipulation made in Notification Annexure P-6 and as such it is liable to be rectified. Counsel further states that reservation is available to the members of the Scheduled castes, in medical profession, at the level of graduation but the authorities have wrongly denied that benefit to the petitioners to get admission in the Courses. He prayed that necessary directions be issued to the respondents to give benefit of reservation to the petitioners, as per guidelines, laid down in Notification Annexure P-6.

Upon notice, replies have been filed by the respondents. In their reply, respondents No. 1 and 2 have categorically stated that at this stage, it is not open to the petitioners to lay challenge to the prospectus, under which they have applied, as general category candidates, to get
admission in the Courses, as after declaration of result of the entrance test, they are estopped to impugn the provisions of the prospectus Annexure P5.

It is further stated that in view of policy of the State Government, as depicted in documents Annexure R-1 dated April 5, 1988, Annexure R-2 dated January 1, 1991, Annexure R-3 dated April 26, 2002, the respondents have decided not to give benefit of reservation, to the members of the Scheduled castes, at the level of Postgraduate and super-speciality courses in medical profession. It is also stated that as the petitioners have not laid any challenge to the documents, referred to above, no benefit of reservation can be provided in their favour. At the time of arguments, by reiterating their stand, taken in the written-statement, it was prayed that the writ petition be dismissed.

After hearing counsel for the parties, this Court is of the view that this writ petition deserves to be dismissed.

After issuance of prospectus Annexure P5, for admission to the Courses, the petitioners applied as general category candidates, without claiming any benefit of the reservation policy. They appeared in the entrance test and after declaration of the result, when they felt that they have no chances to get admission, they filed
this writ petition. In view of their conduct, this Court is of the opinion that at this stage, they are estopped to claim any benefit of the reservation policy.

Furthermore, at the level of super-speciality courses and postgraduate course, reservation of seats for any category of candidates did not find favour even with the Hon'ble Supreme Court. In Dr. Preeti Srivastava and another v. The State of Madhya Pradesh and others, 1999(4) S.L.R. 687, where the Hon'ble Supreme Court was dealing with, fixing of separate criteria, to full up the reserved seats, in medical courses,has observed thus:

This Court has repeatedly said that at the level of superspecialisation there cannot be any reservation because any dilution of merit at this level would adversely affect the national goal of having the best possible people at the highest levels of professional and education training. At the level of a super-speciality, something more than a mere professional competence as a doctor is required. A super-specialist acquires expert knowledge in his speciality and is expected to possess exceptional competence and skill in his chosen field, where he may even make an original contribution in the form of new innovative techniques or new knowledge to fight diseases. It is in public interest that we promote these skills. Such high degrees of skill and expert knowledge in highly specialised areas, however, cannot be acquired by anyone or everyone. For example, specialised sophisticated knowledge and skill and ability to make right choices of treatment in critical medical conditions and even ability to innovate and device new lines of treatment in critical situations, requires high levels of intelligent understanding of medical knowledge or skill and a high ability to learn from technical literature and from experience. These high abilities are also required for absorbing highly specialised knowledge which is being imparted at this level. It is for this reason that it would be detrimental to the national interest to have reservations at this stage.

Opportunities for such training are few and it is in the national interest that these are made available to those who can profit from them the most viz. the best brains in the country, irrespective of the class to which they belong.

26.At the next below stage of post-graudate education in
medical specialities, similar considerations also prevail though perhaps to a slightly lesser extent than in the super-specialities.

But the element of public interest in having most meritorious students at this level of education is present even at the stage of post-graduate teaching. Those who have specialised medical knowledge in their chosen branch are able to treat better and more effectively, patients who are sent to them for expert diagnosis and treatment in their specialised field. For a student who enrols for such speciality courses, an ability to assimilate
and acquired special knowledge is required. Not everyone has this ability. Of course intelligence and abilities do not know any frontiers of caste or class or race or sex. They can be found anywhere, but not in everyone. Therefore, selection of the right calibre of students is essential in public interest at the level of specialised post-graduate education. In view of this
supervening public interest which has to be balanced against the social equity of providing some opportunities to the backward who are not able to qualify on the basis of marks obtained by them for post-graudate learning, it is for an expert body such as the Medical Council of India, to lay down the extent of reservations, if any, and the lowring of qualifying marks, if any, consistent with the broader public interest in having the most competent people for specialised training, and the competing public interest in securing social justice and equality. The decision may perhaps, depend upon the expert body's assessment of the potential of the reserved category
candidates at a certain level of minimum qualifying marks and whether those who secure admission on the basis of such marks to post-graudate courses, can be expected to be trained in two or three years to come up to the standards expected of those with post-graudate qualifications.

A perusal of the judgment, referred to above, clearly indicates that to reserve seats at the post-graduate level, in medical courses, it was left to the expert bodies to take a decision in that regard. After Preeti Srivastava's case (supra), the Medical Council of India, in the year 2000, had framed Postgraudate Medical Education Regulations, 2000. Clause 9 of the Regulations reads thus:

SELECTION OF POSTGRADUATE STUDENTS

(1)Students for postgraduate medical courses shall be selected strictly on the basis of their academic merit.

(2)For determining the academic merit, the university/institution may adopt any one of the following
procedures both for degree and diploma courses.

(i)On the basis of merit as determined by a competitive test conducted by the State government or by the competent authority appointed by the state government or by the university/group of universities in the same state; or

(ii)On the basis of merit as determined by a centralised
competitive test held at the national level; or

(iii) On the basis of the individual cumulative performance at the first, second and third MBBS examinations, if such examinations have been passed from the same university; or

(iv)Combination of (i) and (iii);

Provided that wherever entrance test for postgraduate
admission is held by a State government or a university or any other authorized examining body, the minimum percentage of marks for eligibility for admission to postgraduate medical course shall be 50 percent for general category candidates and 40 percent for the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes:

Provided further that in non-governmental institutions fifty
percent of the total seats shall be filled by the competent
authority and the remaining fifty percent by the management of the institution on the basis of merit.

Similarly, Commission for Scheduled Caste and Scheduled Tribes in its Fifth report regarding reservation of seats for Scheduled caste has observed thus:

With reference to your letter No. AC-V/7/86/6965, dated
31.5.1986, on the subject noted above, I am to state that the Medical Council of India has not prescribed any percentage of reservation of seats for postgraduate medical course to any category since the Council is not in favour of reservations of seats to any category at postgraduate level. The students for postgraduate training should be selected strictly on merit judgedc on the basis of academic record in the undergraduate course. The Council recommendations should be strictly
followed in all respect.

In view of decision of the Medical Council of India and
opinion, expressed by the Commission for Scheduled castes and Scheduled tribes, this Court is of the opinion that decision of the State Government in not providing reservation to full up the Courses is perfectly justified. In their reply, respondents No. 1 and 2 have categorically stated that the reservation, in the courses in question did not find favour with the authorities because of the following reasons:

5. That the reservation in PG courses for SC/ST candidates has not been favoured in view of the following:

(i)The students belonging to reserved categories get intensive prolonged training for a period of 5 years and 6 months at the MBBS level and they may rightly be supposed to attain during this period maturity and merit sufficient to bring them at par with other students. At the PG level, therefore, they are able to compete without any handicap.

(ii)Any reservation at the PG level is likely to lead to a fall in standards of postgraudate Medical education and training.

(iii)The PG medical education is not meant for everybody to whatever section of the population he or she may belong; especially adequate reservation is already provided for candidate of such categories for the MBBS courses after conclusion of which the Medical College turns out 'basic' doctors to serve the community. PG education is actually meant for highly deserving and proficient students who are to take up the added responsibilities of specialized teaching research and medical care.

We are of the opinion that by taking note of the judgment of the Hon'ble Supreme Court and observations made by Medical Council of India, a conscious decision has been taken by the authorities in not providing reservation, in the Courses, in the policy statement issued on April 2, 2002. Document Annexure R-3 is only reiteration of the earlier decisions, taken in the year 1988 (Annexure R-1) and 1991 (Annexure R-2), by the authorities, wherein it is so provided. A perusal of the documents Annexure R-1 to R-3 clearly demonstrates that for the last two decades, the authorities have not favoured reservation of seats at the Postgraduate level in medical courses.

Contention of counsel for the petitioners that in view of
notification Annexure P-6, it was incumbent upon the authorities to reserve seats for members of the Scheduled caste in the Courses, is liable to be rejected.

Constant practice in not providing reservation at post-graduate level in medical courses, which is reflected in documents Annexure R-1 to R-3 clearly shows that the notification Annexure P-6 pertains only to the admission at the graduate level. This opinion is strengthened when we read contents of prospectus Annexure P9, which was issued to fill up the seats at graduate level, i.e., MBBS etc. A bare fact that after issuance of notification Annexure P-6 on March 19, 1999, no reservation was provided, in subsequent years, at postgraduate level in medical courses clearly establishes the stand taken by the Government that Annexure P6 was meant only for filling up the seats, at graduation level and it was not meant for postgraduate medical courses. It is also an admitted fact that the petitioners have not laid any challenge to the document Annexure R-3. Unless that document is set aside, no benefit can be given to the petitioners with regard to reservation of seats in the Courses. At the postgraduate level, in medical courses, it is expected that best talent would be admitted, so that they may help in progress of the nation. As per admitted position, to give benefit to the down-troddens, sufficient provisions exist, by making reservation of seats in the All India quota, in postgraduate courses.

As per facts, mentioned in the written-statement and not
controverted at the time of arguments by counsel for the petitioners, for this year, 50% of the total seats in the Courses are reserved for All India quota and out of those seats, 22.5% seats are reserved for Scheduled castes and Scheduled tribe candidates. On account of that, this Court is of the opinion that necessary attempt has been made to help members of the Scheduled castes also.

In view of facts, mentioned above, this writ petition fails and the same is hereby dismissed.

( Jasbir Singh )
Judge

( Nirmal Yadav)
Judge

MBBS seats increased by 10000 to 45000

Aiming to improve the abysmal doctor-patient ratio in India, the Medical Council of India (MCI) has permitted an increase of nearly 10,000 MBBS seats in medical colleges from this year.

This means, after five to six years, the country will produce an additional 10,000 doctors, taking the yearly output to 45,000 from the present 35,000 MBBS passouts.

MCI's Board of Governors, led by chairman Shiv Kumar Sarin, also accorded sanction for 66 new medical colleges. This was possible after MCI downsized the land requirement for starting a new medical college from the earlier stipulation of 25 acres to 10 acres. But the building size on the 10 acres need not be any smaller than the one that was permitted to be built on 25 acres. The logic — it is difficult for organisations to find 25 acres in a township or a metropolitan city.

To further increase the number of doctors available in remote and far flung areas, the Board has started discussions with Army, Railways and Employees State Insurance Corporation to start new medical colleges as they have vast tracts of land at their disposal.

Army authorities were open to the idea but were sceptical because of the fact that children of armed forces personnel, under law, would not be able to get any reservation in these colleges.

MCI has given an attractive proposal that the Army, Railways and ESIC, after starting the medical colleges, could add a stipulation that the MBBS passouts would have to work a minimum number of years in their service. The huge increase in the number of MBBS seats will obviously need corresponding increase in faculty. To address the likely shortage of teaching staff, MCI has recommended increase in their retirement age from the present 65 years to 70 years.



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