Search This Site

Friday, September 17, 2010

CET for Medical Admission WRIT PETITION (CIVIL) NO(s). 380 OF 2009

1

ITEM NO.8 COURT NO.3 SECTION X


S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 380 OF 2009


SIMRAN JAIN & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)


(With appln(s) for directions, impleadment/directions)
WITH W.P(C) NO. 238 of 2010
(With appln.(s) for directions and office report)
W.P(C) NO. 417 of 2009
(With appln.(s) for directions and office report)

Date: 13/08/2010 These Petitions were called on for hearing
today.


CORAM :
HON'BLE MR. JUSTICE R.V. RAVEENDRAN
HON'BLE MR. JUSTICE H.L. GOKHALE



For Petitioner(s) Mr. Annam D.N. Rao,Adv.

Mr. Rajesh Mahale,Adv.
Mr. Shivendra Dwivedi,Adv.

For Respondent(s) Mr. P.P. Malhotra,ASG
Mr. Rashmi Malhotra,Adv.
Mr. Anand Verma,Adv.

Mr. Rishi Malhotra,Adv.
Mr. D.S. Mahra ,Adv

(For State of M.P.) Mr. Vikas Upadhyay,Adv.
Mr. B.S. Banthia,Adv.
Mr. M.P. Singh,Adv.

Ms. A. Subhashini,Adv.

(State of Chhattisgarh)Mr. Atul Jha,Adv.
Mr. Dharmendra Kumar Sinha ,Adv

(For respt. 9 & 10) Mr. Alok Sangwan,Adv.
2

Mr. Devashish Bharuka,Adv.

(For respt. 13 & 14) Mr. R. Gopalakrishnan,Adv.

Mr. S.N. Bhat,Adv.

UPON hearing counsel the Court made the following
O R D E R

Learned Additional Solicitor General for
respondent-Union of India submits that the
Central Government has approved the proposal of
the MCI for amendment of the regulations
relating to courses of graduate and post
graduate students by providing a single
eligibilty-cum-entrance Examination and seeks
three weeks' time to notify it and place it on
record.


Finally, list after three weeks.




(O.P. Sharma) (M.S. Negi)
Court Master Court Master

Tuesday, September 14, 2010

Notification of Ayurveda, Siddha, and Unani Tibb Registered Medical Practitioners as persons practicing the modern scientific system of medicine

ABSTRACT
Indian System of Medicine – Notification of Ayurveda, Siddha, and Unani Tibb
Registered Medical Practitioners as persons practicing the modern scientific system of
medicine under the Drugs and Cosmetics Rules, 1945 – Orders – Issued.
-------------------------------------------------------------------------------------------------------------------------------
HEALTH AND FAMILY WELFARE (IM 2 -2) DEPARTMENT
G.O. (Ms) No. 248 Dated : 08.09.2010
Thiruvalluvar Aandu 2041
Aavani 23
ORDER :
The following Notification will be published in the Tamil Nadu Government
Gazettee .
NOTIFICATION.
WHEREAS, the rights of practitioners of Indian System of Medicine are
protected under section 17(3) (b) of the Indian Medicine Central Council Act, 1970
(Central Act 48 of 1970) ;
AND WHEREAS, as per section 2 (1) (e) of the said Act, “Indian Medicine“
means the system of Indian Medicine commonly known as Ashtang Ayurveda, Siddha
or Unani Tibb whether supplemented or not by such modern advances, as the Central
Council of Indian Medicine may declare by notification from time to time ;
AND WHEREAS , the Central Council of Indian Medicine in its Notification
F.No.28-5/2004-AY.(MM), dated the 19th May 2004, has clarified that the word “Modern
Advances” in clause (e) of section 2 (1) of the said Act as advances made in the
various branches of modern scientific medicine in all its branches of internal
medicine , surgery, gynaecology and obstetrics , anesthesiology, diagnostic procedures
and other technological innovation made from time to time and declare that the courses
and curriculum conducted and recognized by the Central Council of Indian Medicine are
supplemented with such modern advances ;
AND WHEREAS , the Central Council of Indian Medicine has improved and
strengthened the syllabus of Indian Medicine by including subjects with regard to
National Programmes like National Malaria Eradication programmes, Tuberculosis,
Leprosy, Family Welfare Programme, Reproductive and Child Health Programme,
Immunisation Programme, AIDS, Cancer etc ;
-2-
Now, THEREFORE, under sub - clause (iii) of clause (ee) of rule 2 of the Drugs
and Cosmetics Rules, 1945 the Governor of Tamil Nadu hereby declares every
registered medical practitioner holding the qualifications specified in the second, third
or fourth Schedule to the Indian Medicine Central Council Act, 1970 (Central Act
48 of 1970) and Part III of the Schedule to the Tamil Nadu Siddha System of Medicine
(Development and Registration of Practitioners) Act , 1997 (Tamil Nadu Act 34 of 1997)
and registered in the Medical Register of the State maintained under the aforesaid
Acts, as a person practicing the modern scientific system of medicine for the purposes
of the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940.)
(BY ORDER OF THE GOVERNOR)
V.K.SUBBURAJ
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Principal Secretary and Commissioner of
Indian Medicine and Homoeopathy,
Arumbakkam, Chennai – 106.
The Works Manager,
Government General Press,
Chennai.- 2 (for publication of Notification in the Government Gazette)
The Registrar,
Tamil Nadu Siddha Medical Council,
Arumbakkkam, Chennai – 106.
The Registrar,
Tamil Nadu Board of Indian Medicine,
Arumbakkkam, Chennai – 106.
The Director General of Police,
Chennai – 4,
SF/SC
// Forwarded / By Order //
SECTION OFFICER

“Information prior to 2005 cannot be denied”

From
http://www.hindu.com/2010/09/14/stories/2010091462360600.htm

Staff Reporter

MADURAI: The Madras High Court Bench here has rejected the argument that public authorities dealing with applications under the Right To Information (RTI) Act, 2005 were not liable to provide details related to the period before the enactment of the legislation.

Dismissing a writ petition filed by a government-aided arts and science college in Tuticorin against an order passed by the State Information Commission, Justice R.S. Ramanathan said that the college could not refuse to part with details sought by an individual about its activities since 1999.

The judge disagreed with the petitioner's contention that compelling an authority to part with information prior to 2005 would amount to giving retrospective effect to the Act. He said that it was a substantial legislation which recognises the right of every person to obtain information.

“The purpose of enacting the legislation itself would become meaningless if the Court accepts the argument of the learned counsel for the petitioner that no information or documents earlier to 2005 can be asked for by an RTI applicant… A citizen is entitled to call for information related to any period,” the judge said.

He also rejected the petitioner's other argument that the State Information Commission had violated the principles of natural justice by not giving an opportunity to the college explain its stand before directing the institution to provide information sought by the RTI applicant.

The Act does not require the Commission to issue notice before ordering disclosure of information.

“Further the question of violation of principles of natural justice would arise only when a person is affected by the passing of an order or any civil consequences followed by that order,” the judge added.

He also held that the petitioner college, being a government aided institution, was liable to provide the information as directed by the Information Commission.

Sunday, September 12, 2010

WRIT PETITION (CIVIL) NO(s). 189 OF 2010

N WP(C) o.189/2010
1

ITEM NO.37 COURT NO.3 SECTION X


S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(s). 189 OF 2010


NAVAL ASIJA & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(With appln(s) for stay)

Date: 13/05/2010 This Petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE R.V. RAVEENDRAN
HON'BLE MRS. JUSTICE GYAN SUDHA MISRA

For Petitioner(s) Ms. Indu Malhotra, Sr. Adv.
Mr. Vikram Mehta, Adv.
Mr. Vikas Mehta,Adv.
Ms. Prerna Priyadarshini, Adv.


For Respondent(s)
UOI Mr. Gopal Subramaniam, SG
Mr. Aman Ahluwalia, Adv.
Mr. D.S Mahra, Adv.
Mr. Sudarshan Singh Rawat, Adv.

UT Chandigarh Ms. Kamini Jaiswal, Adv.

State of Jharkhand Ms. Niranjana Singh, Adv.
Mr. Rajesh Pathak, Adv.
Mr. B.B. Singh, Adv.

State of W.B. Mr. Tara Chandra Sharma, Adv.
Ms. Neelam Sharma, Adv.

For MCI Mr. Abhinav Mukerji, Adv.
Ms. Prathiba M. Singh, Adv.
Mr. Gaurav Sharma, Adv.
Mr. Nikhil Mehra, Adv.
Ms. Surbhi Mehta, Adv.

State of Bihar Mr. Gopal Singh, Adv.
Mr. Manish Kumar, Adv.
WP(C) No.189/2010
2


State of Tripura Mr. Gopal Singh, Adv.
Mr. Rituraj Biswas, Adv.

State of U.P. Ms. Vimla Sinha, Adv.
Ms. Niranjana Singh, Adv.

Govt of Pondicherry Mr. V.G. Pragasam, Adv.
Mr. S.J. Aristotle, Adv.
Mr. Prabu Ramasubramanian, Adv.

State of T.N. Mr. T. Harish Kumar, Adv.
Mr. V. Vasudevan, Adv

State of M.P. Mr. Vikas Upadhyay, Adv.
Mr. B.S. Banthia, Adv.

UPON hearing counsel the Court made the following
O R D E R

We have heard learned counsel for the petitioner,

learned counsel for the MCI and counsel for some of the

States. We have also heard the learned Solicitor General

appearing for respondents 1 and 2.

We are informed that several States (as many as

14) have not completed the first round of counselling.

We are also informed the second round of counselling for

the All India quota, comes to an end today. After

hearing learned counsel and having examined the facts and

having considered the similar order passed during the

previous years, we issue the following interim directions

in regard to the schedule for extended second round of

Post Graduate Counselling 2010 for All India quota:
WP(C) No.189/2010
3


Date Detail
20.5.2010 Time-scheduled to be hosted on the website
by Directorate General of Health Services
27.5.2010 All States must report updated number of
vacancies resulting from non-joining,
resigning and surrendering of seats in 'All
India Quota' to the Directorate General of
Health Services by 5 PM
1.6.2010 Total number of vacancies to be notified by
Directorate General of Health Services
From 2.6.2010 Extended 2nd round of Counselling to be
to 12.6.2010 conducted by Directorate General of Health
Services at Delhi Counselling Venue only
20.6.2010 The last date for the students to join
allotted College.
21.6.2010 Vacant 'All India Quota' seats may be
deemed to be surrendered to the States
30.6.2010 Final deadline for the students to join
allotted course



We direct that the unfilled seats of All India

quota which would be deemed to have lapsed in favour of

the State Governments as at the end of the second

counselling today, will not so lapse in favour of the

State Government in view of the extended second round of

counselling. To ensure that the entire extended second

counselling is completed within the time schedule, the

extended second counselling for the All India quota shall

be held at Delhi. The State Governments shall adhere to

the above time schedule particularly to the second item

in regard to reporting of vacancies.
WP(C) No.189/2010
4
WP(C) No.189/2010
5

Liberty is reserved to the respondents 1 and 2 to

file an application for introduction of a single window

Scheme for the Post Graduate courses.

( Ravi P. Verma ) ( M.S. Negi )
Court Master Court Master