HARISH BAJAJ Vs. RANI DURGAVATI VISHWA VIDYALAYA JABALPUR

JUDGEMENT

(1.) The relief of the petitioner in the instant writ petition is to direct respondent No. 1 Rani Durgavati Vishwa Vidyalaya, Jabalpur to amend the degree of the petitioner from that of M. D. (Pathology and Microbiology) to M. D. (Pathology). The petitioner further prays to direct respondent No.1 Rani Durgavati Vishwa Vidyalaya, Jabalpur to adopt the line of action as adopted by Devi Ahilya Vishwa Vidyalaya, Indore as per notification (Annexure P/8) dated 19-2-1998. The petitioner also prays to direct the M.P. Medical Council, Bhopal to register the petitioner for additional qualification in M. D. (Pathology).

(2.) Petitioner avers that he did M.B.B.S. and thereafter M.D. (Pathology and Microbiology). These degrees were granted by Rani Durgavati Vishwa Vidyalaya, Jabalpur. The petitioner made an application to the M.P. Medical Council, Bhopal for registration of his additional qualification of M.D. (Pathology). M.P. Medical Council, Bhopal refused to register the petitioner for M.D. (Pathology) on the ground that the qualification of M.D. (Pathology and Microbiology) is not recognised by the Medical Council of India for the purpose of registration. The petitioner submits that if the degree is amended by the respondent No. 1 University, it may be registered by the M.P. Medical Council. Petitioner submits that respondent No. 1 University refused to award the degree in any subject other than M.D. (Pathology and Microbiology). The petitioner places reliance on Section 10-A of the Indian Medical Council Act, 1956 and submits that the University can grant the recognised medical degree subject to the course it adopts. As per sub-section (1) of Section 11 of the Act, the medical qualifications granted by any University or Medical Institution in India which are mentioned in the First Schedule shall be recognised medical qualification for the purposes of the Act. The petitioner submits that in Rani Durgavati Vishwavidyalaya, Jabalpur, the course of M.D. (Pathology) is recognised and no course for Microbiology has been recognised by the Medical Council of India for teaching. Similar was the case with the Devi Ahilya Vishwa Vidyalaya, Indore for granting decree of M.D. (Pathology and Microbiology). Devi Ahilya Vishwa Vidyalaya, Indore, having come to know that the Medical Council of India is not recognising the aforesaid degree, amended the degree of M.D. (Pathology and Microbiology) to that of M.D. (Pathology) by notification Annexure P/8 dated 19-2-1998.

(3.) The petitioner submits that he made an application to the Rani Durgavati Vishwa Vidyalaya, Jabalpur pursuant to the notification dated 19-2-1998 issued by Devi Ahilya Vishwa Vidyalaya, Indore but no action was taken to amend the degree. However it appears that steps have been taken by the Devi Ahilya University to confer the degree of M.D. (Pathology) instead of the degree of M.D. (Pathology and Microbiology) and for the same course, ordinance has been amended.