V BALAJI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS public interest litigation has been filed by four persons who are all qualified medical practitioners impugning the G.O (D) No.572, dated 14.05.2008 issued by the Health and Family Welfare (MCA) Department whereby the Government of Tamil Nadu accepted the proposal of Directorate of Medical Education and accorded permission to start six months certificate course in Diabetelogy on Distance Mode in all the Government Medical Colleges. THIS Course will be conducted by a Professor of Medicine/Professor of Diabetelogy and one coordinator with a total intake of 750 students in 14 medical colleges at the rate of 75 in Madras Medical College, Chennai and Kilpauk Medical College, Chennai and 50 in other Government medical colleges. The details of the course were also spelt out in the said G.O as under:-- i. Criteria for AdmissionCandidates with MBBS Degree are eligible to undergo the courseii. Duration of the CourseThe duration of the course is 6 months. 5 contact classes of 2 days in a month shall be conducted (Morning-Theory and Evening-Practical)b. One induction class shall be conducted. iii FeesA sum of Rs.5000/- has to be collected from each student towards fee.iv TestsThe following tests shall be conducted. Pre-testMid-term ReviewFinal TestV CertificateCertificates may be issued to the successful candidates. 3. The Dean of the respective colleges should open a separate account. The fees collected from the candidates shall be spent for the Training Programme. 4. THIS Order issues with the concurrence of Finance Department vide its U.O.No.1140/FS/P/08 dated 09.04.2008. (BY ORDER OF THE GOVERNOR)V.K.SUBBURAJSecretary to Government'.

(2.) PURSUANT to the said G.O, an advertisement was published in -The Hindu- by the Government of Tamil Nadu, Directorate of Medical Education inviting applications from citizens of India, who are native of Tamil Nadu, for admission to six months certificate course in Diabetology to be conducted by Distance Education Method in four medical colleges namely, Madras Medical College, Chennai, Kilpauk Medical College, Chennai, Madurai Medical College, Madurai and Thanjavur Medical College, Thanjavur. It was made clear that 100 students will be admitted to the course in each college per session as per the guidelines of the Directorate of Medical Education. It was also made clear that the course is by Distance Education Method and is of six months duration and the certificate for the course will be issued after passing final evaluation examination at the end of six months and candidates with MBBS degree only are eligible to undergo the course.

(3.) UNDER Section 11(2) of the said Act, it has been provided any University or medical institution in India which grants a medical qualification not included in the first schedule may apply to the Central Government to have such qualification recognized, and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein.