VIKRAM K SHAH DR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed by about seven Doctors looking forward to prosecute post graduate studies further because their chances of getting subjects of their choice because of the impugned resolution of the Government have receded. The prayers in the petition are as follow:

(2.) In order to understand the controversy certain historical background and certain basic factors require to be specifically noted. It is truism to state that medical profession has remained a matter of choice and therefore a matter of cutthroat rivalry also amongst the first class students. In the area of the Gujarat University there are two medical colleges one is the B. J. Medical College situated in the campus of the Government Civil Hospital at Ahmedabad and the second is N.H.L. Municipal Medical College run by the Ahmedabad Municipal Corporation with V. S. Hospital attached to it. Both these institutions also have the facility of imparting postgraduate instructions and various branches of its learning like Surgery Medicine Obstetrics & Gynaecology Radiology etc. It goes without saying that the postgraduate training has got its own importance in practical also and so all such institutions are attached to the full fledged hospitals. In order to run these hospitals the Government or the Municipal Corporation naturally need the services of some qualified Doctors. Even the Medical Council of India has recognised the importance of postgraduate training facilities and courses at various centres and the training of postgraduates for degree courses is recommended to be of the residency pattern with patient care. This is so from the very nature of things also. In order to enable the postgraduate students to learn and simultaneously earn also incidentally though not fundamentally a system of residency is in vogue in the State of Gujarat. Formerly there were two sorts of residencies known as a housemans course for one year followed by a Registrars course for 2 1/2 years or so. These posts of housemen and Registrars being paid from the public exchequer were in a way employment avenues also and therefore the Government and/or Municipal Corporation that run the colleges with Hospitals attached would be entitled to employ qualified medical graduates to look after the various wards dealing with different kinds of patients. The Government and I understand the Municipal Corporation also had its own Rules for filling in the post of Housemen and Registrars and according to the variety of subjects housemen will be in certain subjects and so will be the Registrars. On and from the year 1981 the Government decided to introduce a common cadre of residents and the course is stated to be of four years. Two different sets of Rules for Housemen and Registrars were replaced by the Rules for residents and one of the Rules namely Rule 8 and particularly sub-rules (2) and (3) thereof are the subject matter of challenge in this petition. However it is again an admitted position that imparting of instructions in postgraduate studies is essentially the concern of the University and the Gujarat University brought into being by the Gujarat University Act 1949 is a body corporate having perpetual succession and a common seal as specifically stated in sec. 3(3) of the Gujarat University Act 1949 Some of the powers and duties also of the University set out in sec. 4 of the Act are to guide teaching and research work in colleges University Departments University centres and recognised institutions to lay down the courses of instruction for the various examinations to institute degrees diplomas and other academic titles and distinctions to hold examinations or tests and confer degrees and diplomas on and grant certificates to persons who have pursued approved courses of study in the University or in an affiliated college and to control and coordinate the activities of and to give financial aid to affiliated colleges and recognised and approved institutions.

(3.) There is also an autonomous body created under the Indian Medical Council Act 1956 The said Council is a duly elected body and is for legal purposes a corporate body having perpetual succession and a common seal. Under sec. 16 of the Indian Medical Council Act 1956 every University or medical institution in India is under an obligation to furnish such information as the Council may call for in respect of variety of matters including the requisites for obtaining such qualifications. Under sec. 19A of the Act the Council is entitled to prescribe the minimum standards of medical education required for granting recognised medical qualifications and under sec. 20 the Council is entitled to prescribe standards of postgraduate medical education for the guidance of the Universities. In order to enable the Council to achieve its purpose sec. 33 in that Act is there to enable the Council to make Regulations generally to carry out the purposes of the Act and these Regulations are to be made by the Council with the previous sanction of the Central Government. These Regulations have statutory force. The relevance of this discussion is because one of the alleged Regulations is relied upon by the petitioners in support of their petition. The said alleged Regulation reads as follows: