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MCI Notification on Senior Residentship Challenged in Court

MCI Notification on Senior Residentship Challenged in Court

Various promotional avenues are open for the MS/MD degree-holders, whereas for the diploma-holders the only avenue is the post of Senior Resident, the petitioner stated

Tamil Nadu: A Plea has been filed with the Madras High Court, challenging the much-debated amendment of the Medical Council of India, dated June 5 2017, that paved a way for new minimum qualifications of medical teachers in the country. The said gazette notification also defined a Senior Resident as Senior Resident is one who is doing his/her residency in the concerned postgraduate subject after obtaining PG degree (MD/MS) and is below 40 years of age.

Read Also : MCI relaxes Minimum Qualifications for PG Medical Teachers

With the state government of Tamil Nadu, attempting to fill its vacant posts at medical colleges and hospitals, based on the above notification, Diploma holders in the state have now approached the court, challenging the notification and its resultant recruitments.

A PIL has now been filed by Dr G Jaysia of Kalappa Naicken Patti village who holds the qualification of Diploma in Medical Radiology Diagnosis (DMRD) and is presently working as Senior Resident in Radio Diagnosis in Government Mohan Kumaramangalam Medical College and Hospital. Through his petition, he informed the court that currently, three avenues exist for doctors willing to join government service in Tamil Nadu. These include

  • Department of Medical and Rural Service (DMS) primarily consisting of services in rural taluks, district headquarters and ESI.
  • Department of Public Health and Preventive Medicine (DPH) consisting of primary health centres including urban and rural.
  • Department of Medical Education (DME) consisting of purely academic service attached to medical colleges and hospitals.

The petitioner informed that doctors with MBBS and PG diploma specialisation are initially posted in DPH and then placed in DME as tutor subsequently promoted as a senior resident, reports TOI. In similar fashion, until now doctors with MD and MS qualifications are posted in other departments except DME.

The petitioner informed that with the June 5 notification in place, doctors with MD/MS qualifications can be directly appointed in DME as well, thus eating away all the chances of promotions and career development for diploma candidates and is thus illegal and totally ultra vires of the Constitution. Various promotional avenues are open for the MS/MD degree-holders, whereas for the diploma-holders the only avenue is the post of Senior Resident, the petitioner added quotes The New Indian Express.

There are about 5000 doctors across the state working in government service. In that, about 700 are PG diploma holder along with MBBS and are exclusively posted in vacancies in the directorate of medical education as tutors and promoted as senior residents added the petition

Responding to the plea, the first bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose has now issued a notice to the Medical Council of India and the state government returnable on Friday, 13th April 2018.

This is not the first time the PG diploma holders have knocked the doors of the high court in the matter. Earlier in 2017, the government tried to hire MD/MS doctors to the posts at DME, which was challenged by diploma holders in the high court.According to the TOI report, the government at that time had allegedly assured that such appointments would be made only in unfilled vacancies and currently serving diploma doctors would not be disturbed. However, with the government making another effort towards the matter based on the MCI notification, the petitioner approached the high court to quash the same.



Source: with inputs
12 comment(s) on MCI Notification on Senior Residentship Challenged in Court

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  1. Change the upper age below 40 year for senior resident .

  2. Problem here was all the time the office bearers of M C I were Master degree holders so they never had any interest in Diploma holders problems.Hope this time NMC will consider this seriously and will do the justice.

  3. Medical diploma courses should be abolished

  4. I don\’t know when this difference will end

  5. With P.G.DIPLOMA holders government call fill their vacancies in medical colleges. Instead of bridge they should have thought about this before

  6. PG Diploma holders should be recognized for their qualification and competence as they work side by side with PG Degree holders doing almost the same job. After 2 or 3 years of working experience PG Diploma holders should be considered as equivalent to PG Degree holders and all the avenues of jobs and promotions should be made available to them also. This will prevent lot of PG Diploma holders again appearing for entrance examinations to study PG Degree as there is no avenue for promotion as well as recognition for PG Diploma holders even though they do the same job as the PG Degree holders. And the decision making body regarding this should have representations from PG Degree holders, PG Diploma holders, DNB holders as well as from MBBS degree holders.

  7. no equivalence. Diploma courses be abolished.

  8. user
    Zameer Hasan Golewale April 13, 2018, 6:46 am

    what about people who are already working since years in Medical colleges with Diploma degree

  9. user
    Zameer Hasan Golewale April 11, 2018, 4:29 pm

    From :

    Dr. Z.A. Golewale, MBBS, DOMS,
    Post Graduate Diploma Doctors Association,
    Near Bara Kaman Main Gate,
    Vijayapur-586101, Karnataka
    Phone Number : 09036967190


    The Hon’ble Prime Minister,
    Government of India,
    New Delhi

    Sub : Status of Medical PG Diploma Doctors in Medical College in India reg.

    Respected Sir,

    Sir, with reference to the above subject, we the Medal Post Graduate Diploma Doctors in various Medical Specialties would like to bring to your kind notice that, after completing MBBS, we have undergone 2 years post graduate Diploma Course which is on par equal to the training of 3 years post graduate master degree course except for thesis and a year short. But we go through same training and examinations process in theory as well as practical with same syllabus, same teachers and same hospitals which are recognized by MCI for above said courses. After the successful completion of our course we are allowed to practice in our discipline let it be a surgical branch or medial branch, there is no restriction as per law to practice on human life.

    We are treated equal in private practice and in Government or private health sector in past in Medical Colleges also both degree treated equally and we use to get promotions. But now we are appointed as Tutor/Sr. Resident and remain same throughout the career without any promotion through nature of work is same.

    Sir, even M.Sc./Ph.D. people those who have not trained/educated in any Medical College only 2 years they study the particular subject are getting promoted to Professor level and DNB candidates most of them got the degree from DNB recognized Hospital but not from Medical Colleges (before without thesis) are also lucky enough to be promoted. But we the postgraduate diploma holders spend 5 ½ years as undergraduate and 2 years as post graduates in MCI recognized Medical Colleges going through the same syllabus and process of examination as of Master degree are deprived of promotions and made to work on post equal to MBBS Graduate. MCI is violating the Hon’ble Supreme Courts Guidelines regarding Promotions which states an employee must get minimum 2 promotions even if they are not promised at the time of appointment. Even MCI’s Post Graduate Medical Education Regulation 2000 which is amended up to February 2012 also does not differentiate these two post graduate courses much and Vision 2015 document of MCI also state that there is no much difference.

    Sir, even after repeated requests, representations, reminders during last 2 years MCI is not taking this matter seriously not giving any satisfactory reply to our queries which are based on MCI’s own rules and regulations.

    We request you to look in to this matter sympathetically and guide us so that we get the promotions and serve the society in a proper way.

    Sir, this will help to overcome the shortage of teachers in Medical Colleges throughout India.

    Thanking you,
    Yours sincerely

    (Dr. Z.A. Golewale)

  10. user
    Dr. Z. A. Golewale April 11, 2018, 4:12 pm

    I agree with you. as you are rightly pointed out PG Diploma and MD/MS have no difference as far as clinical work and even in Medical Colleges they do same work without any promotions due to biased rules of MCI ruled by MD/MS people. its high time Government of India remove this discrepancy and make changes in MCI minimum qualification act and give promotions to PG Diploma Degree holder who are working in Medical Colleges for more then 5 yrs or so. let them give promotions 2 or 3 yrs latter then MD/MS. just for not submitting thesis these Doctors shouldn\’t be punished life long.

  11. I agree that clinical work is same for both.. however PG diploma holders should be given the post of tutor upfront for a period of 3-5 years before appointment as asst prof.
    Yes there is a discrimination and it should be. PG degree is for 3 years and they do thesis as well and a better rank is secured during entrance exam

  12. Change the upper age 40 year for senior residence because many doctor complete the pg after 40 year