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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO.41 OF 2008
People's Health Organization (India)
and another ...... Petitioners.
v/s
State of Maharashtra
& Ors. ......
Respondents.
------
Mr. Sanjay Jain i/b Mr. A.K. Panicker for the Petitioners.
Mr. D.A. Nalawade, Government Pleader alongwith Mr. M.D.
Naik for the State.
-----
CORAM : V.M. KANADE &
S.S. SHINDE, JJ.
DATE : 9th May, 2008
(Vacation Court)
P.C.:
Heard the learned Counsel for the Petitioners and the
learned Government Pleader for the respondent - State.
None appears on behalf of Medical Council of India. The
learned Counsel for the Petitioner submits that Medical
Council of India has been served. Petitioner is directed to
again serve the Medical Council of India and file an affidavit
of service. Considering the urgency in the matter, stand
over to 12/05/2008.
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(V.M. KANADE, J.)
(S.S. SHINDE, J.)
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
P. I. L. NO.41 OF 2008
People's Health Organization (India). ...Petitioner.
Vs.
State of Maharashtra
& Ors. ...Respondents.
....
Mr. Sanjay Jain i/b. J. Panicker for the Petitioner.
Mr. M. D. Naik, AGP for Respondent Nos.1,2 and 5.
Mr. S.S. Pakale with M.S. Bharadwaj for Respondent No.3.
.....
CORAM R.D.Y.CHANDRACHUD &
K.U. CHANDIWAL, JJ.
May 12, 2008.
P.C.:
In these proceedings it is desirable that the Court should
have the considered view of the Medical Council of India in respect of
the issues which pertain to the subject matter of the dispute. Issue
notice to the Fourth Respondent, returnable on 20th May 2008.
Hamdast allowed in addition.
In the meantime, the First and Second Respondents are
directed to file an affidavit in reply clarifying their position in the
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matter.
To stand over to 20th May 2008.
.....
hey but what does that mean???????????i heard seats are coming for sure.what if mci refuses to allow this seats to be filled on 20th may.anyone attended court hearing personally??????????????
dear munna,in the last hearing court serve a notice to MCI for not attending the hearing.
even if the mci doesn,t recognise the seats....govt of maharshtra is ready to fill the seats by taking undertaking fom students that govt. will be not responsible for later consequnces of non-recoz seats....just like that in first round they taken undertaking of approved seats of ambajogai,TATA etc!
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PIL WRIT PETITION NO. 41 OF 2008
People’s Health Organisation
(India) & Anr. ..Petitioners
versus
State of Maharashtra
& Ors. ..Respondents
Mr. S. K. Jain with Mr. A.K.J. Panicker for the
Petitioners.
Mr. M. D. Naik, AGP for the Respondent Nos. 1
and 2 - State.
Mr. M. S. Bhardwaj for the Respondent No. 3.
Mr. J. S. Bhasin for the Respondent No. 4.
CORAM : SMT. RANJANA DESAI &
A.A. KUMBHAKONI, JJ.
(VACATION BENCH)
DATE : 20TH MAY, 2008.
P.C.
. Petitioners shall supply copy of the
Petition to the learned counsel for the Respondent
No. 4. 4th Respondent shall file Affidavit in
Reply. Affidavit in Reply to be served on the
Petitioners well in advance.
2. Place the matter on Board on 27.5.2008.
(SMT. RANJANA DESAI, J.)
(A. A. KUMBHAKONI, J.)
The state government has said that they are willing to increase the number of seats for the post-graduate (PG) medical courses and restore the 242 seats that were reduced by the Medical Council of India (MCI) due to lack of teaching staff and adequate infrastructure, but only after they get a nod from the MCI . In an affidavit filed before the vacation bench of the Bombay High Court on Tuesday, director of the Directorate of Medical Education and Research Vasudeo Tayade has stated that there has definitely been a decrease in the number of PG medical courses, but steps were being taken to correct that.
The fate of at least 242 doctors aspiring for the medical PG course this year is in a state of limbo as they are yet to know if there are enough seats for them. The affidavit also states that they are seeking permission from the MCI to give approval to the PG medical courses recognised only by the Maharashtra
Medical Council (MMC). “If admissions to all MMC recognised PG courses, irrespective of whether they are MCI recognised or not, are done, the number of beneficiaries will increase as the number of seats will also increase which will in-turn facilitate proper health care to poor patients and public at large”, Tayade’s affidavit states.
Justice Ranjana Desai and Justice AA Kumbhakoni, however, asked the MCI to file its reply and have adjourned the case till May 27.
In the last five years, Tayade stated, the MCI has recognised 16 out of 28 courses and de-recognised twelve. But the MCI may take 2-3 years more to recognise all the courses. Moreover, petitions filed in the HC, against the government for not informing students about the courses recognised only by MMC restricted their practice only within Maharashtra
.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
P.I.L.NO.41 OF 2008
People’s Health Organisation
(India) .. Petitioner
Versus
State of Maharashtra
& Ors... Respondents
Mr.Sanjay Jain i/b. A.K.J.Panicker for petitioner
Mr.M.S.Naik, AGP for respondent Nos. 1, 2 and 5
Mr.M.S.Bharadwaj for respondent No.3
Mr.J.S.Bhasin for respondent No.4
Mr.Mogre i/b. Mr.Shetye for respondent No.6
CORAM : S.C.DHARMADHIKARI, &
S.S.SHINDE, JJ.
DATE: 28th May 2008
P.C.
. Mr.Naik learned A.G.P. states on
instructions from the Joint Director, Medical
Education and Research, who is present in Court,
makes a statement that the decision taken by the
State and informed to him by the Principal
Secretary, Medical Education, will be placed on
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affidavit of the Authorised Officer along with
necessary particulars with regard to the seats
that are awaiting recognition by the Medical
Council of India. (MCI). The affidavit will
also set out details of the inspection already
held by the MCI and the steps that the State
proposes to take with regard to the deficiencies
pointed out, if any, by MCI.
2. Mr.Naik states that such affidavit will
be filed before 2.30 p.m. today with an advance
copy to the Counsel appearing for petitioner and
MCI. For further orders, post the petition at
3.00 p.m.
(S.C.Dharmadhikari, J)
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(S.S.Shinde, J.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
P.I.L.NO.41 OF 2008
People’s Health Organisation
(India) .. Petitioner
Versus
State of Maharashtra
& Ors... Respondents
Mr.Sanjay Jain i/b. A.K.J.Panicker for petitioner
Mr.M.S.Naik, AGP for respondent Nos. 1, 2 and 5
Mr.M.S.Bharadwaj for respondent No.3
Mr.J.S.Bhasin for respondent No.4
Mr.Mogre i/b. Mr.Shetye for respondent No.6
CORAM : S.C.DHARMADHIKARI, &
S.S.SHINDE, JJ.
DATE: 28th May 2008
at 3.00 p.m.
P.C.
Matter called out for further orders at 3.00 p.m.
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. In pursuance of the statement of the
Joint Director recorded in the morning session,
now, an affidavit has been filed by him and he
has set out in para 3 thereof the present
position of seats and courses of P.G.degree and
diploma. Annexed to this affidavit at Exh.1 is a
statement showing recognised and non-recognised
courses and availability of seats. Perusal
thereof would indicate that about 113 seats and
the degree course are not recognised by MCI and
81 seats for diploma course are not recognised by
MCI. Thus, 194 seats in all have been shown as
not recognised by MCI.
2. In para 4 of this affidavit the deponent
has stated that the State Government has already
initiated the process of getting recognition from
MCI and the procedure prescribed for making an
application through University to the Central
Government has been followed. The Central
Government would, thereafter, take necessary
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steps. As far as the State Government is
concerned, the requirement of MCI of payment of
fees for inspection by the Team of MCI is
complied with insofar as 35 courses and the
inspection of various colleges with regard to
these 35 courses is underway and expected to be
completed by the end of June 2008. In para 5 it
has been set out that Inspection Team has already
completed inspection of 23 courses and 12 courses
with regard to which inspection is underway would
be completed by June 2008.
3. As far as remaining 41 courses, a time
schedule is set out in para 6 of the affidavit
and, therefore, it is stated that the Government
of Maharashtra
is making all efforts to get all
the courses recognised by MCI and the process
initiated is expected to be completed during the
next academic year or so.
4. We accept all the above statements made
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by State Government before us with regard to the
non-recognised seats by MCI. Thus, the assurance
given on affidavit is that due compliance will be
made of the MCI Rules and Regulations.
5. The anxiety of petitioners and the
students as far as current academic year is
concerned, has been dealt with in para 7 of this
affidavit and it is stated that the Principal
Secretary, Department of Medical Education and
Drugs, Government of Maharashtra
has issued
directions so also draft of proposed circular
wherein the Government of Maharashtra
has decided
to admit students to the P.G.course to which
admission process has been initiated. We are
informed by Mr.Naik on instructions from the
concerned officers that 194 seats which are not
recognised by MCI and, therefore, could not form
part of the first phase of the admission process
would now be included in the admission process
and the admission thereto would be made in
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accordance with the rules framed in that behalf.
6. Such a circular would be issued for
information of all concerned and the deadline
which has been prescribed in the decision of
Hon’ble Supreme Court in the case of Mrudul Dhar
and Anr. Vs. Union of India and Ors., reported
in A.I.R. 2005 S.C. 666 will be adhered to and
the seats which are now referred to in this
affidavit would form part of the admission
process which would be completed by 31st May
2008. It is made clear that 31st May 2008 is
taken as a date on the basis of the arguments
canvassed before us and if any extension is given
insofar as cut off date is concerned, then,
needless to state that the same shall be
applicable.
7. In the light of the above development and
the affidavit placed before us, petitioners do
not press for any ad-interim or interim reliefs
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at this stage. At the request of parties, post
this petition before regular bench on 18th June
2008.
8. Needless to further add that the above
statements which are recorded and the affidavits
filed so also the position emerging therefrom
would be subject to such other and further
directions and orders as may be issued by the
regular court. Mr.Naik states that the concerned
authorities will issue appropriate clarifications
so that the students are aware that some of the
seats to which they have applied for admission
are not recognised as yet by the MCI.
9. Liberty is granted to the parties to seek
appropriate directions from Hon’ble Chief Justice
so that all petitions which are pending in this
Court raising identical issues are taken up
together.
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(S.C.Dharmadhikari, J)
(S.S.Shinde, J)
214 more seats for PG medical courses, admissions close on May 31
In addition to the 20 already cleared by MCI, MMC recognised institutes to have 194 extra seats
DNA Correspondent
The state government on Wednesday informed the vacation bench of the Bombay High Court that 194 seats in Maharashtra
Medical Council (MMC)-recognised institutes will be opened to students in addition to the 20 seats cleared by the Medical Council of India (MCI). This provides for 214 seats more in the PG medical courses, the admissions for which close on May 31.
In a PIL filed by People’s Health Organisation, an NGO, the court’s attention was drawn towards the dwindling number of seats in the PG medical courses. The PIL urged the court to direct the state government to open the 242 seats in MMC recognised courses that were closed after the government issued a circular on April 4. Counsel for the petitioners, Sanjay Jain and Ajay Panicker, contended that 411 admissions have been granted in the PG courses and if the government withdraws in circular, more seats will be created.
Assistant government pleader MD Naik told the court that the government was in a position to open 194 seats in MMC recognised colleges that were in the process of getting recognition from the MCI. The MCI had recognised 20 seats more after the grant on 411 admissions which will also be made available to the students now. Justice SC Dharmadhikari and Justice SS Shinde directed the state to issue a circular announcing the seats opened for admission and also making it clear that these are in institutes recognised by the MMC alone.
An affidavit submitted by Dr DS Kulkarni, joint director of medical education and research, states that of 35 non-recognised courses, the MCI had already inspected 23 and is expected to finish inspecting another 12 by the end of June. Kulkarni also told the court that some seats may be returned to the state quota from the centre’s quota by June 8, thereby creating more seats for PG medical course aspirants.
The PIL pointed out that the number has come down by 7% to 411 seats in 2008 as against 1,906 seats in 2001. Granting the interim relief, the court, however, adjourned the PIL till June 18 for hearing before a regular bench. Prior to the filing of the PIL, on April 16, resident doctors and interns across the state had protested against the shrinking number of seats in PG medical courses.
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