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1 - 10 of 10 (0.20 seconds)The Indian Medical Council Act, 1956
Managing Society Of The Dayananad ... vs State Of Punjab And Others on 14 November, 1994
6. Respondent No. 4 has also filed written
statement to similar effect apart from relying on a
judgment of the Supreme Court in Dr. Preeti Srivastava and
Anr. v. The State of Madhya Pradesh and Ors.,
1999 (4) SLR 687 and judgments reported in Dr. (Mrs.) Kumud
Dharwal v. State of Punjab, 2000 (8) SLR 654 and Dayanand
Medical College and Hospital, Ludhiana v. State of
Punjab and Ors., 2001 (3) SLR 664. Respondent No. 4 has
also relied on inspection report regarding inspection
carried out on 14/15.9.2000 by Inspectors of Medical
Council of India, which is as under:-
State Of Bihar And Another vs Ramesh Chandra And Another on 20 March, 1997
Judgement in Ramesh Chandra's case (supra) relied on by
counsel for the petitioner is prior to the judgment in
Dr. Preeti Srivastava's case (supra) and being at variance
with the view taken in Dr. Preeti Srivastava's case
(supra), which is a judgment by Constitution Bench,
observation that regulations framed by Medical Council are
only recommendatory cannot be held to be holding the
field.
Medical Council Of India vs State Of Karnataka And Others on 16 July, 1998
5. Reference is also made to letters dated
14.5.2002 and 16.5.2002 from Medical Council of India
stating that since the petitioner was M.Sc. Bio-chemistry
from Punjab Agricultural University and not from a Medical
Faculty, he was not eligible for appointment has head of
the department of Bio-chemistry in a Medical College.
Reference is also made to a judgment of the Apex Court in
Medical Council of India v. State of Karnataka and
Ors., AIR 1998 SC 2423 to the effect that regulations
framed under Section 33 of the Medical Council Act, 1956
are binding and it is stated that the said regulations
were notified in a gazette dated 5.12.1998 after
permission of the Central Government and therefore,
judgment of this Court dated 6.10.1995 is no longer
operative.
Article 309 in Constitution of India [Constitution]
The Punjab Medical Registration Act, 1916
Government Of Andhra Pradesh & Another, ... vs Dr. R. Murali Babu Rao & Anr., Etc on 9 March, 1988
In the earlier judgment of this Court dated
6.10.1995, the petitioner was held eligible under the
Haryana Rules holding that recommendation of the Medical
Council will not affect the said rules for which reliance
was placed on judgments of the Apex Court in State of
Madhya Pradesh v. K.M. Nevidita Jain, AIR 1981 SC 2045
and Government of Andhra Pradesh and Anr. v.
Dr. R. Murali Babu Rao and Anr., AIR 1988 SC 1048.
Preeti Srivastava (Dr.)& Anr vs State Of Madhya Pradesh & Ors on 10 August, 1999
It
is also not correct to say that the judgment in Dr. Preeti
Srivastava's case (supra) was only concerned about
admission and the same was not applicable to
qualifications of teachers.
Dr. (Mrs.) Kumud Dharwal vs State Of Punjab on 10 October, 2000
6. Respondent No. 4 has also filed written
statement to similar effect apart from relying on a
judgment of the Supreme Court in Dr. Preeti Srivastava and
Anr. v. The State of Madhya Pradesh and Ors.,
1999 (4) SLR 687 and judgments reported in Dr. (Mrs.) Kumud
Dharwal v. State of Punjab, 2000 (8) SLR 654 and Dayanand
Medical College and Hospital, Ludhiana v. State of
Punjab and Ors., 2001 (3) SLR 664. Respondent No. 4 has
also relied on inspection report regarding inspection
carried out on 14/15.9.2000 by Inspectors of Medical
Council of India, which is as under:-
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