This site is intended for Healthcare professionals only.
×

9 PG medical courses of Dr MGR Medical University declared ILLEGAL by High Court


9 PG medical courses of Dr MGR Medical University declared ILLEGAL by High Court

Madurai: The Madras High Court has declared 9 PG medical courses offered by the Tamil Nadu Dr MGR Medical University as “illegal and ultra vires” as they did not have the approval of the apex medical regulator, Medical Council of India (MCI) and the Central Government.

The court allowed a petition by the secretary of the Doctors Welfare Association of Tamil Nadu Dr K Srinivasan against the courses, including PG Diploma in Palliative Medicine and MD Family Medicine through distance education and the one-year fellowships such as HIV medicine, occupational health, clinical immunology, palliative medicine and sexual medicine.

The petitioner had also wanted the university to be prevented from offering two-year courses in medical genetics, critical care medicine, clinical diabetology, ultrasound (obstetrics and gynaecology) or any other unauthorised PG degree, diploma, certificate or fellowship in medical sciences course for which an MBBS degree is the requirement for admission.

Justice S S Sundar of the Madurai bench also asked the state-run university to pay a fine of Rs 5 lakh to the secretary of the education department, who was directed to use the money for improving the infrastructure in government schools.

The judge said the high court and also the Supreme Court had already unambiguously held that the state government or the university cannot offer parallel courses without permission from the MCI and the Centre.

Read Also: MCI disability rules Arbitrary, says Madras high court

The apex court had ruled that the regulations of the council were binding and mandatory. The public would be misled to believe such unrecognised diploma-holders were experts. Hence, in public interest the writ petition is allowed, the judge said.

The university had issued the impugned advertisement for conducting the distance education programme in utter disregard to the directions of the courts under the guise of a decision taken by the governing council of the university.

The conduct of the university in this matter, in flagrant violation of previous judgements, was condemnable, the judge said.

The petitioner said the university’s February 11, 2018 advertisement offered five one-year courses and four two-year courses under the distance education programme. It was also stated in the advertisement that courses did not have MCI’s approval.

The university contended that the distance education programmes were not illegal or contrary to the Indian Medical Council Act as they were offered as per the governing council order issued on May 12, 2010.

The courses were offered to the MBBS degree holders to develop skills and update knowledge and overcome scarcity of experts in such fields and to fulfil the medical needs and treatments for patients, it said.

The MCI, supporting the case of the petitioner, said neither the state government nor the university can introduce or offer parallel courses in medicine.

Read Also: Madras High Court junks plea of MBBS aspirant seeking seat under reserved category

There cannot be a provision under the state act to override the central legislation and offer courses without permission, it added.


Source: with agency inputs
10 comment(s) on 9 PG medical courses of Dr MGR Medical University declared ILLEGAL by High Court

Share your Opinion Disclaimer

Sort by: Newest | Oldest | Most Voted
  1. user
    dr md s ahammad June 12, 2019, 8:58 am

    mci un-recognised degree offering by a medical university must be a punishable offence, it must be handle with unmatched punished ,by stopping the university who are offering this one

  2. yes i agreed with madras high court verdict . yes it should be stopped to offering unrecognised degree or diplomas by a medical university or a medical college, otherwise public can not able to find out the fake derecognised degree andalso can not able to identify the true specialist and a fake degree holder specialist. if a medical university prompts this fake degree the what will be the need of mci and recognised degree??????

  3. The judiciary uses MBBS doctors as expert witness when it needs. But if an expirenced doctor claims himself/ herself to attain a certain degree of expertise in a chosen field after years of experience, than that is not acceptable to Court for not having a recognized the formal degree. What has the judiciary done to direct the Government to increase number of recognized PG seats equal or more to the number of MBBS graduates in the country so that needs for such courses are not felt by the Medical fraternity?
    What has Judiciary done to curb the management/ NRI Quota in PG seats so that merit is not compromised?
    Clearly Judiciary is not only failing to eliminate bias while passing judgement like this, but it is hampering the lifelong learning principle of medical professionals. It\’s biasness is further prominent by the fact that the Court can\’t delegalise strike by lawyers while coming down upon severely on protesting doctors while failing to protect the doctors on duty.
    The lawyers are immune to Consumer Protection Act, and the judiciary is hellbound to keep it that way. When it comes to doctors, the CPA application is legal and judiciary feels no shame in giving the verdict against a doctor with reputation for humanistic patient care. Much of the derogation of Indian society can be attributed to a failing judiciary.

  4. How many lawyers in Madras High Court are legally eligible for practice? What has the esteemed court done to get rid of Quack legal practitioners? How many pending cases are being disposed by Madras High Court?

    On present matter, does Madras High Court acknowledge the fact, that MCI is now a Non- existing body, as crores of corruption charges has made the Central Government to dissolve MCI and replace it with a National Medical Council, run by a centrally selected Governing Council? For Madras High Court, at the least, I can say, Ignorance is bliss. Laughable Judiciary.

  5. So many quacks are practicing on tamilnadu.but m.b.b.s drs not trained such a course….super india