B K MADHANKUMAR Vs. UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT MINISTRY OF HEALTH AND FAMILY WELFARE

JUDGEMENT

(1.) The prayer in the writ petition is to issue a writ of certiorarified mandamus calling for the records of the sixth respondent issued in Notification dated 2.8.2011 and to quash the same as illegal, ultra virus and to forbear the 5th and 6th respondents from in any manner conducting the examination for awarding parallel Master Degree in M.D. in Immuno Haematology and Blood Transfusion Medicine as one time measure for the Post Graduate Diploma candidates in Clinical Pathology, without following the prescribed modalities including obtaining of prior permission of the Central Government and Medical Council of India in accordance with the Indian Medical Council Act, 1956 and the regulations made therein.

(2.) Five Doctors have filed this writ petition, who have passed three years regular MD degree course in Immuno Haematology and Blood Transfusion, challenging the notification issued by the Tamil Nadu Dr.M.G.R. Medical University/5th respondent herein, from conducting the examination called "M.D.Immuno Haematology and Blood Transfusion Examination" for awarding parallel M.D.degree as one time measure to the Post Graduate Diploma holders in Clinical Pathology.

(3.) The contentions raised by the petitioners are that the action of the 5th respondent University is in violation of Section 10(A) of the Medical Council of India Act, 1956; that the duration of the course viz., M.D. Immuno Haematology and Blood Transfusion is three years (regular course) and the 5th respondent University commenced the said M.D. Course in the year 2005 stating that the said course is a speciality and prior category course; that the said course is conducted by the 5th respondent University and other colleges affiliated to the 5th respondent University with the permission of Central Government and Medical Council of India; that the petitioners are aspiring for appointment in Government Service in the State of Tamil Nadu based on their regular three year M.D. Qualification; that as per MCI regulations framed under section 33 of the MCI Act, 1956 and as per Section 10(A) no person shall establish a medical college or no medical college or institution shall open new or higher medical course of study including PG degree of study, except with the previous permission of the Central Government; and that, as per the Post Graduate Medical Education Regulations, 2000, if any institution intends to start a Post Graduate Medical Education course or to increase the admission capacity, it shall obtain permission as per section 10A of the Act.