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W.P.No.9196/09
Dr.Rajeev Dalela State of M.P. & others
5.4.2011
Shri R.K.Tripathi, Counsel for petitioner.
Shri Samdarshi Tiwari, GA for respondents No.1,2 & 6.
Shri Mohan Sausarkar, Counsel for respondent No.3.
Shri Rajas Phankar, Counsel for respondent No.4.
Shri Manas Verma, Counsel for respondent No.5.
Shri Mohan Sausarkar appearing on behalf of the respondent
No.3 submitted that the Board of Governors (in supersession of
Medical Council of India) has issued an order dated 1.3.2011 by
which the Board of Governors recommended to recognise courses of
M.S. (Orthapatics) and Diploma in Orthopaedics at G.R.Medical
College, Gwalior under Jiwaji University with effect from 1981 and
1980, respectively, and the Central Government by a notification has
recognised the aforesaid courses. It is submitted that a notification
has been issued on 18.3.2011 in this regard, which is filed alongwith
return as Annexure-II. That this petition has rendered infructuous and
may be dismissed accordingly.
Shri Samdarshi Tiwari, learned GA submitted that the students
who have already passed the courses from G.R.Medical College,
Gwalior may also be extended benefit of this notification.
Learned counsel for petitioner also submitted that the
petitioner be given same benefit and the Medical Council of India be
directed to register the petitioner as registered medical practitioner
with M.S.degree.
From the perusal of the notification, we find that the
Government of India, Ministry of Health & Family Welfare, New Delhi
vide notification dated 18.3.2011 has directed for amendment in the
first schedule of the Indian Medical Council Act, 1956 in respect of
certain courses run by Jiwaji University. For ready reference, we
quote aforesaid notification which reads as under:-
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W.P.No.9196/09
Dr.Rajeev Dalela State of M.P. & others
5.4.2011
“Government of India
Ministry of Health & Family Welfare
(Department of Health and Family Welfare)
Nirman Bhavan, New Delhi
Dated the 18th March 2011
NOTIFICATION
S.O…… In exercise of the powers conferred by sub-section (2) of the
section 11 of the Indian Medical Council Act, 1956 (102 of 1956), the
Central Government, after consulting the Medical Council of India, hereby
makes the following further amendments in the First Schedule to the said
Act, due to change of nomenclature of the qualification namely:-
In the said Schedule-
a) against “Jiwaji University” under the heading ‘Recognised Medical
Qualification’ [hereinafter referred to as column (2)], after the last entry and
entry ralating thereto under the heading ‘Abbreviation for Registration’
[hereinafter referred to as column (3), the following shall be inserted,
namely:-
(2) (3)
"Master of Surgery (Orthopaedics)" MS(Ortho.)
(This shall be a recognised medical
qualification when granted by Jiwaji
University in respect of students
being trained at G.R. Medical
College, Gwalior, Madhya Pradesh
on or after 1981.
“Diploma in Orthopaedics” D.Ortho.
(This shall be a recognised medical
qualification when granted by Jiwaji
University in respect of students
being trained at G.R. Medical
College, Gwalior, Madhya Pradesh
on or after 1980.
Note to all:1. The recognition so granted to a Postgraduate Course
shall be for a maximum period of 5 years, upon which it shall
have to be renewed.
2, Failure to seek timely renewal of recognition as required
in sub-clause-4 shall invariably result in stoppage of
admissions to the concerned Postgraduate Course.
[No.U.12012/16/2010-ME(P.II)
sd/-
(Anita Tripathi)
Under the Secretary to the Govt. of India
Ph.23061342″
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W.P.No.9196/09
Dr.Rajeev Dalela State of M.P. & others
5.4.2011
As aforesaid recognition has been granted for the period upto
2016 to the courses run by the Jiwaji University with retrospective
effect, no further order is required by this Court. As aforesaid courses
have been recognized in view of the notification dated 18.3.2011, we
find that the relief prayed by the petitioner has already been granted
by the respondents and this petition has rendered infructuous.
However, respondents shall give effect to the notification and extend
benefit of the notification to all the concerned including the students
who have passed the courses within the aforesaid period.
With the aforesaid directions, this petition is disposed of finally
with no order as to costs.
A copy of this order be sent to the G.R.Medical College,
Gwalior for information and necessary action.
C.C. as per rules.
(Krishn Kumar Lahoti) (Smt.Sushma Shrivastava)
C. Judge Judge