MOHANDAS Vs. TRAVANCORE COCHIN MEDICAL COUNCIL

JUDGEMENT

(1.) The question emerges for consideration in this writ petition is whether the M.H.Sc (Diabetology), a degree of Master in Health Sciences in Diabetology secured by the petitioners from the Annamalai University can be exhibited by the petitioners anywhere It is admitted that the said course offered by the Annamalai University is not recognized by the Medical Council of India (MCI) or that it is included in the schedule of qualifications under the Indian Medical Council Act, 1956 (for brevity, 'the Act, 1956').

(2.) To start with, "recognized medical qualification" is defined under Sec.2(h) of the Act, 1956 to mean; any of the medical qualifications included in the Schedules. Section 10A of Act, 1956 deals with permission for establishment of new medical college, new course of study; which stipulates that, notwithstanding anything contained in the Act or any other law for the time being in force,--

(3.) So also, Sec.10B(2) stipulates that, where any medical college opens a new or higher course of study or training (including a post-graduate course of study or training) except with the previous permission of the Central Government in accordance with the provisions of Sec.10A, no medical qualification granted to any student of such medical college on the basis of such study or training shall be a recognized medical qualification for the purposes of the Act. So much so, Sec.26(1) of the Act deals with registration of additional qualification, and it is stipulated that, if any person whose name is entered in the Indian Medical Register obtains any title, diploma or other qualification for proficiency in sanitary science, public health or medicine, which is a recognized medical qualification, he shall, on application made in that behalf in the prescribed manner, be entitled to have an entry stating such other title, diploma, or other qualification made against his name in the Indian Medical Register either in substitution for or in addition to any entry previously made, and sub-section (2) thereto prescribes that the entries in respect of any such person in a State Medical Register shall be altered in accordance with the alterations made in the Indian Medical Register.