P V RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN response to advertisement and prospectus issued by the State of Orissa inviting applications from persons desirous of taking up the Post -graduate course in the specialities specified therein in one of the Government Medical Colleges, the petitioner who was serving as Medical Officer, Jawaharlal Institute of Post -graduate Medical Education and Research, Pondicherry a Central Government institution, made an application for admission to the M. D. Course in T. B. and Chest Diseases. He qualified and was assigned to the V.S.S. Medical College, Burla affiliated to the Sambalpur University. He secured the M. D. degree in March, 1982. In September 1982, he was informed by the Government of India to his considerable dismay and anguish that the Post -graduate degree obtained by him was not a recognised degree. Hence, he was not entitled to the Post - graduate allowances. A copy of the letter issued by the Government of India has been filed as Annexure -3. The petitioner could not accept the allegation and wanted to know from the Sambalpur University if the degree of M. D. in T. B. and Chest Diseases which was granted to him by the Sambalpur University was one recognised by the Indian Medical Council. He has annexed his letter dated 7 -1 -1983 to the Univetsity as Annexure -4. He waited in vain for eight months to receive a reply from the University and then moved this Court in September, 1983. He sought a mandamus directing the opposite parties to recognise the P. G. Degree secured by him.

(2.) ADMITTEDLY the degree obtained by the petitioner has not been included in the first schedule appended to the Medical Council Act. Section 11 of the Indian Medical Council Act contains provision relating to recognition of medical qualification granted by universities or medical institutions. Such medical qualifications which are included in the first schedule are to be recognised as medical qualifications for the purposes of the Act. Sub -section (2) provides that any university or medical institution desirous of granting medical qualification not included in the first schedule might apply to the Central Government to have such qualification recognised whereupon the Central Government after consulting the Council may by notification amend the first schedule so as to include such qualification therein. Admittedly, the M. D. degree in T. B. and Chest Diseases granted by the Sambalpur University does not find place in the first schedule. Hence, is not a recognised medical qualification. The recommendation of the Medical Council of India on post - graduate medical education approved by the Government of India as regulation Under Section 33 of the Indian Medical Council Act provides as under : ' The Universities are advised to get their Post -Graduate Training Facilities and Courses at a given centre evaluated by the Council before the courses are actually started.'

(3.) IT , therefore, pains us to learn that the Government could run courses and the Sambalpur University could confer degrees not recognised by the Indian Medical Council; Government could adimit students to courses which on evaluation had not been found to be satisfactory or up to the mark.