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2017 Supreme(Mad) 938

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. KIRUBAKARAN, J.
Dr. M.Hemalatha - Petitioners
versus
State of Tamil Nadu Represented by Secretary to Government Health and Family Welfare Department - Respondents
W.P.Nos.5314, 5971, 5972 & 6995 of 2017 and Connected Miscellaneous Petitions
Decided On : 02-05-2017

Advocates Appeared:
For the Petitioner: Mr. R.N.Amarnath
For the Respondents: Mr. T.N.Rajagopalan, Spl.G.P, Mr.V.P.Raman, Mr.Jenasenan, Mr. V.T.Gopalan, Senior Counsel, for Ms.B.Saraswati, Mr.K.Surendranath, Mr.T.Mohan, for Mr. T.Balaji, Mr.K.Kumaresh Babu, Mr.V.Ramesh, Mr.P.Godson Swaminathan, Mr. Anand David, Mr.Balaji, Mr.R.Krishnamoorthi, Senior Counsel, for Mr. V.P.Sengottuvel, Mr.Prahalad Bhat, Mr.S.Udayakumar, Mr.R.Gopinath, Mr. E.Jayashankar, Mr.Krishan Srinivasan, Mr.Su.Srinivasan, ASGI, Mr.D.Ravichander, Mr. P.R.Gopinath

Headnote:

Constitution of India - Article 19(1)(g) - Postgraduate Medical Education Regulations, 2000 - Regulation 9(2)/9(vi) - UGC Act - Section 3 - MCI Act - Section 10(d) - Indian Medical Council Act, 1956 - Section 33, 20 - Selection of candidates - Eminent doctors – Disease - medical experts should be in a position to diagnose the disease and its cause and to treat the root which causes the disease is the duty of the doctor. When such is the importance of doctors, naturally and definitely the role of doctors in the modern life to treat fellow human beings is very essential. For that, eminent doctors have to be produced. Only meritorious and intelligent students alone could make good doctors and therefore, meritorious and intelligent students alone have to be admitted in the medical colleges so that when they come out, they would be well trained and qualified to do service to the society - Held, Exemplary cost has been imposed only to make the respondents to follow the laws, especially when they are discharging public functions. Any negligence/default would affect many meritorious students and their valuable right to education as guaranteed by the Constitution. Cost is imposed only to deter the authorities as well as the institutions discharging public functions from violating the rule of law. Unless, every procedure is put in place and well oiled mechanism is made operational, all the stake holders and beneficiaries will be put to unnecessary hardship which has to be avoided - Writ Petitions are disposed

ORDER :

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goes a tamil saying which means that disease free life is plenty of wealth. Human beings are bound to suffer from diseases during their life time. To diagnose diseases, treat and cure, medical professionals are necessary. The role of doctors have been recognized 2000 years ago by ancient tamils and one such evidence is found in “Immortal Thirukkural” written by “Saint Thiruvalluvar”.


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“Disease, its cause, what may abate the ill:

Let leech examine these, then use his skill.”

1. The medical experts should be in a position to diagnose the disease and its cause and to treat the root which causes the disease is the duty of the doctor. When such is the importance of doctors, naturally and definitely the role of doctors in the modern life to treat fellow human beings is very essential. For that, eminent doctors have to be produced. Only meritorious and intelligent students alone could make good doctors and therefore, meritorious and intelligent students alone have to be admitted in the medical colleges so that when they come out, they would be well trained and qualified to do service to the society.

2. Only to enable meritorious, deserving and intelligent students to get accommodated in medical colleges, many ways and means have been introduced to filter less meritorious, half-baked students from entering into medical colleges. One such step is the introduction of common entrance examination by the Medical Council of India, so that the students are selected by a single window system which is applicable throughout India and the merit of the students is determined on an all India level.

3. Though, initially Government medical colleges alone have been in existence, in view of the importance of health, increase in human population and consequently diseases and advancement in medical treatment, more and more doctors are necessary. Resultantly, more medical colleges are started to be established. In view of expanding role of Government, the Government is not in a position to establish more medical colleges and cater to the medical needs of the increasing population of India, private stake holders are permitted to establish medical colleges/institutions/universities. Advent of private medical institutions eventually leads to commercialization of medical education, wherein merit has been pushed to back seat and money started playing a prominent role enabling the less meritorious students getting into medical education and keeping out more meritorious and deserving students who have definite chances of becoming better doctors than those who get admitted.

4. The privatization of professional education has been recognized as “occupation” with marginal profit by the Hon'ble Apex Court in the case of T.M.A. Pai Foundation and Others v. State of Karnataka and Others. Experience shows lesser meritorious students infiltrate into medical colleges, degrading and denting the standards of medical education and consequently, the medical services come to be rendered to common public by those less meritorious students. Therefore, more strict measures are being introduced by the Central Government and the Medical Council of India which is an expert body responsible for giving approval for medical colleges, prescribing minimum standard for medical education etc., One such measure to enhance the quality of medical education is the introduction of “The Postgraduate Medical Education Regulations, 2000” [hereinafter referred to as 'Regulation']. The said Regulation speaks about the programmes to be observed by Postgraduate teaching institutions, prescription of curriculum, procedure for starting postgraduate medical courses and their recognition, the nomenclature of postgraduate medical courses and especially, the procedure for selection of candidates for postgraduate courses as per Regulation 9. More procedures/modalities have been given in Regulation 9 for selection of candidates for postgraduate courses. The procedure speaks about single eligibilit






























































































































































































































































































































































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