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Tuesday, June 09, 2009

Admission cannot be denied on language grounds, says High Court


Mohamed Imranullah S.
 

Petitioner, who had taken Malayalam, was not invited for counselling
Judge directed she be admitted to Kanyakumari Medical College

 
MADURAI: It is unconstitutional on the part of the State to insist that Plus Two students ought to have taken Tamil as first language to join paramedical courses, the Madras High Court has ruled.
 
 
Allowing a writ petition filed in the Madurai Bench by a minor girl from Kanyakumari district, Justice S. Manikumar struck down paragraph 4.3 in the prospectus of paramedical courses for academic year 2008-09.
 
 
The Judge held that insisting on Tamil as first language was in violation of Article 29 (2) of the Constitution, which states that no citizen shall be denied admission to educational institutions on the ground of religion, race, caste or language. The right to life and dignity could not be attained unless it was accompanied by the right to education. Therefore, the State was obligated to make provisions to all citizens to pursue education irrespective of their religion, race, caste and language. If those who had taken Tamil as first language in qualifying examination alone were to be admitted to paramedical courses, it would amount to 100 per cent reservation, leading to an unfavourable bias towards one section of students, he said.
 
 
“What cannot be done by way of legislation i.e., restraining admission on the ground of language, cannot be done by way issuing an executive order or framing guidelines in the form of prospectus for admission to educational institutions,” he observed.
 
 
Mr. Justice Manikumar rejected the government’s contention that it insisted on Tamil as first language because paramedical personnel might have to work in government hospitals where they would have to converse with patients in the regional language.
 
 
He agreed with petitioner’s counsel, K.N. Thambi, that the reasoning was unacceptable because even as per the prospectus, candidates who successfully completed the paramedical courses were not guaranteed any appointment in government service.
 
 
Petitioner R. Aswathy, represented by her father B. Raghuvaran Nair, said that she applied for admission to the two-year Diploma in Medical Laboratory Course on July 28 last year after securing 139 as against the cut-off mark of 122.
 
 
The Department of Medical Education did not invite her for counselling on the ground that she had taken Malayalam and not Tamil as the first language in school.
 
 
Pointing out that the High Court had ordered the Director of Medical Education to keep a seat vacant while admitting the writ petition last year, the Judge directed the authorities to admit the petitioner forthwith to Kanyakumari Medical College.

Sunday, June 07, 2009

“Transfusion of wrong blood group is medical negligence”

http://www.hindu.com/2009/06/04/stories/2009060453861800.htm


“Transfusion of wrong blood group is medical negligence”
Legal Correspondent
Supreme Court upholds award of Rs. 2 lakh compensation to deceased’s family







The victim was transfused with B+ blood instead of her group A+
She died of septicemia and not due to mismatched blood transfusion: PGIMER


New Delhi: The Supreme Court has held that transfusion of wrong blood group to a patient amounted to medical negligence.
A Bench consisting of Justices D.K. Jain and R.M. Lodha said: “The law takes no cognisance of carelessness in the abstract. It concerns itself with carelessness only where there is a duty to take care and where failure in that duty has caused damage. In such circumstances carelessness assumes the legal quality of negligence and entails the consequences in law of negligence.”
The Bench upheld compensation of Rs. 2 lakh ordered by the State Consumer Disputes Redressal Commission and confirmed by the National Commission to the husband and children of a woman who died due to transfusion of wrong blood group at the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh.
Writing the judgment, Justice Lodha said that “with regard to professional negligence, it is now well settled that a professional may be held liable for negligence if he was not possessed of the requisite skill which he professed to have possessed or, he did not exercise, with reasonable competence in the given case the skill which he did possess.”
The Bench said “it is equally well settled that the standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary person exercising skill in that profession. It is not necessary for every professional to possess the highest level of expertise in that branch which he practises.”
In the instant case Harjit Kaur was admitted to the PGIMER on April 19, 1996 for treatment of burn injuries. On May 15, she was transfused with A+ blood which was her blood group.
However during the second blood transfusion on May 20, she was transfused with B+ blood group, instead of A+. Her condition started deteriorating and it transpired that due to transfusion of mismatched blood, the kidney and liver got damaged. She died on July 1, 1996.
On a complaint from her husband Jaspal Singh, the State Commission held that the death was due to medical negligence and awarded Rs. 2 lakh compensation. On appeal by the PGIMER, the National Commission confirmed the award and the present appeal by the Institute was against that order.
The appellant contended that Harjit Kaur died of septicemia and not by mismatched blood transfusion and sought quashing of the National Commission’s order.

Appeal dismissed
Dismissing the appeal and upholding the award with Rs. 20,000 costs, the Bench said: “Although she [Mrs. Kaur] survived for about 40 days after mismatched blood transfusion it cannot be said that there was no causal link between the mismatched transfusion of blood and her death.

Wrong blood transfusion is an error which no hospital/doctor exercising ordinary care would have made. Such an error is not an error of professional judgment but in the very nature of things a sure instance of medical negligence. The hospital’s breach of duty in mismatched blood transfusion contributed to her death, if not wholly, but surely materially. Mismatched blood transfusion to a patient having sustained 50 per cent burns by itself speaks of negligence.”
DoctorsandLaw Opinion :
  • We are not able to guess how the following statement is arrived at : Although she [Mrs. Kaur] survived for about 40 days after mismatched blood transfusion it cannot be said that there was no causal link between the mismatched transfusion of blood and her death. If a person has survived for 40 days after a transfusion, then the death is not probably due to it. Mismatched Transfusion in a mistake and has to be punished, but to attribute everything to it is a bit too far. 
  • We fully endorse this statements Wrong blood transfusion is an error which no hospital/doctor exercising ordinary care would have made. Such an error is not an error of professional judgment but in the very nature of things a sure instance of medical negligence. Mismatched blood transfusion to a patient having sustained 50 per cent burns by itself speaks of negligence.”
  • And we would like to know how the court decided on this statement : The hospital’s breach of duty in mismatched blood transfusion contributed to her death, if not wholly, but surely materially.
  • There are two questions involved here. Question 1. Was there a case of negligence. Answer 1. Question 2. Did the negligence contribute to death  It seems that this question was not examined separately, but the answer arrived at based on Answer 1 alone
  • Bottomline : This judgement once again reiterates our stand that COPRA Cases are decided on emotion and not based on facts, which is contrary to the basic tenets of the Law.  

Monday, May 25, 2009

Can quota category candidates, selected on merit, have service preference?

http://www.hindu.com/2009/05/15/stories/2009051560081000.htm


Can quota category candidates, selected on merit, have service preference?
J. Venkatesan

Centre appeals against High Court verdict holding ultra vires CSE Rule 16 (2)
“Reserved category candidates selected on merit have not availed themselves of any relaxation”

New Delhi: A five-judge Constitution Bench of the Supreme Court will consider whether candidates in a ‘reserved category’ selected on merit and placed in the ‘unreserved category’ in the Central Civil Services Examination could be given a choice to opt for service of higher preference in terms of Rule 16 (2) of the CSE Rules at the time of ‘service allocation’.
This rule says: “While making service allocation, candidates belonging to SC/ST or OBCs recommended against unreserved candidates may be adjusted against reserved vacancies by the government if by this process they get a service of higher choice in the order of their preference.”
A three-judge Bench consisting of Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and J.M. Panchal in its order said: “In view of the fact that the issues raised and discussed relating to amended Rule 16 of the CSE are applicable to all Central Civil Services, we are of the view that an authoritative pronouncement is needed. Hence all these SLPs and writ petitions are referred to a Constitution Bench.”
The Centre appealed against a Madras High Court judgment holding ultra vires and unconstitutional Rule 16 (2) and directing it rework service allocation dehors Rule 16 (2). Certain writ petitions were also filed.
The Supreme Court stayed the High Court judgment and on Thursday referred the matter to a larger Bench.
The Bench, quoting the ‘Indra Sawhney vs. Union of India’ judgment which said that while “50 per cent [maximum] shall be the rule, it is necessary not to put out of consideration certain extraordinary situations inherent in the great diversity of this country and the people … It may well happen that some members belonging to say, Scheduled Castes, get selected in the open competition filed on the basis of their own merit; they will not be counted against the quota reserved for SCs; they will be treated as open competition candidates.”
Writing the judgment, the CJI said: “In the light of this decision [the question arises] whether it is reasonable not to give better preference of posts in service for the persons of reserved category who have been selected in the open competition field on the basis of their own merit and even if they are given such better preference whether that should not come under this specific percentage as it will only be a certain relaxation or concession and not a proper form of reservation.”
The Bench said: “As far as amended Rule 16 is concerned, it is to be noted that reserved category candidates selected in the merit/unreserved category upon the basis of their merit have not availed [themselves] of any relaxations which are only available for the reserved category candidates.”
The Bench said that “in the present case, the UPSC has provided the amendment of Rule 16 which has been made to fulfil certain objective specified in the Rules.”
However, the question whether reserved category candidates could actually avail themselves of better preference of service under the reserved category list or not could be decided only by a Constitution Bench.

Thursday, May 21, 2009

Admission to integrated M.Ch should be on merit: court

http://www.hindu.com/2009/05/21/stories/2009052153720400.htm

Staff Reporter

“Any admission for 2009-10 contrary to the ruling shall stand set aside”
CHENNAI: The Madras High Court has ruled that the 5-year integrated M.Ch. (neurosurgery) course be treated as a superspecialty course and admission be made based only on merit without following the rule of reservation.
A division bench comprising Justices P.Jyothimani and Aruna Jagadeesan gave the ruling while disposing of two writ appeals and a writ petition. The Bench made it clear that for admission to the course the qualification shall not be undergraduation in medicine and any admission made for 2009-10 contrary to the above said ruling shall stand set aside. The writ appeals from Dr.N.Bharath and Dr.S.Deebalakshmi sought to quash a single judge order passed in May 2007, which had held that there was no unreasonableness in the roster system sought to be introduced by a Government Order. The writ petition sought to declare Clause 54(b) and annexure relating to the superspeciality 5-year course in M.Ch. (neurosurgery) under the prospectus for admission to post-graduate course for 2009-10 as invalid in so far as it provides for reservation in category of superspeciality post graduate medical course and reservation by roster as contrary to Article 15 of the Constitution.
He also submitted that it was also against the judgment of the Supreme Court and the provisions of Tamil Nadu Act 45 of 1994 relating to reservation to admissions. Petitioner, K.G.Arun Raj also prayed for a direction against the respondents to fill up seats from and out of service candidates as per the merit list and grant admission to him. The judges in their order said that the roster system is not application for admission to educational institutions as Section 4 of the Act of 45 of 1994 contemplates admission on an annual basis.
They also set aside Clause 8 of the prospectus/General instruction to candidates issued by the respondents for 2007-08 denying reservation in case the seats are lesser than eight.

Friday, May 15, 2009

Nizam’s Institute ordered to pay Rs.1 crore for medical negligence

http://www.hindu.com/2009/05/15/stories/2009051556191000.htm



Nizam’s Institute ordered to pay Rs.1 crore for medical negligence


Legal Correspondent
A computer engineer became paraplegic after a surgery in hospital
New Delhi: The Supreme Court on Thursday directed the Nizam’s Institute of Medical Sciences (NIMS), Hyderabad, to pay Rs.1 crore as compensation towards medical negligence to a computer engineer, who became a paraplegic after he underwent a surgery at the hospital in 1990.
A Bench consisting of Justices B.N. Agrawal, H.S. Bedi and G.S. Singhvi awarded this compensation to Prashanth S. Dhanaka.
Moved by plight
The Bench was moved by his plight as he himself argued the case sitting in a wheelchair.
He sought a huge amount as compensation from the hospital against Rs.15.5 lakh awarded by the National Consumer Disputes Redressal Commission.
While the hospital filed an appeal against this order, he filed an appeal for enhancement of compensation.
Writing the judgment, Mr. Justice Bedi said, “We have no other option but to conclude that the attending doctors were severely remiss in conducting the operation and it is on account of the neglect the paraplegia had set in. The support necessary for a severely handicapped person comes at an enormous price; physical, financial and emotional not only on the victim but even more so on the family attendant that saps their energy and destroy the equanimity.”
Praising the appellant for arguing himself, the Bench said: “We must record that though a deep injury was discernible, through his protracted struggle, while confined to a wheelchair, he remained unruffled and behaved with quite dignity, pleading his own case bereft of any rancour or invective for those who in his perception had harmed him.
The Bench, while calculating the compensation, took into consideration the emotional and physical trauma he underwent, loss of marriage, his brilliant academic career, his future income and the medical expenditure he would incur throughout his life.

With interest
The court, while directing the hospital to pay Rs.1 crore as compensation, said the amount should be paid with six per cent interest from 1999, when the National Commission gave the award.
According to Mr. Dhanaka, he went to the hospital in September 1990 for a check-up as he was suffering from on and off fever for one year.
On examination, it was noticed that he had a large mass in his left hemithorax (chest cavity).
A surgery was performed and the tumour was removed. But, post-surgery he became a paraplegic — paralysis of the lower limbs of the body. Then he moved the Commission which awarded only Rs. 15.5 lakh.
The complainant’s main charge was that the tumour being a neurogenic one, the surgery should have been handled by a neurosurgeon.
The surgery completely disturbed the nervous system, making him paraplegic.

Hospital’s contention
The hospital contended that the Commission had erroneously held that it was negligent in not performing its statutory duties to interact and exchange opinion with sister-institutes in India and abroad and also failed to seek the assistance of a neurosurgeon.

“Irrelevant factors”
The complainant’s claim was not supported by any material and the Commission had considered irrelevant factors in awarding the compensation. It sought quashing of the Commission’s order.

Tuesday, April 21, 2009

DNB Equivalence: Letter by National Board to Teaching Institutions

National Board has sent the following restrainer order to many institutes;which ideally should be honoured by MCI officials.

From: National Board of Examinations
Date: 7/5/2008
Subject: Re: DNB equivalence


Subject: Non Approval for Appointment to teaching posts for DNB Degree

Reference: MCI Letter dated 14th September 2007

Sir/Madam,

This has reference to the issue of equivalence of DNB qualification with the corresponding MD/MS degree and the above stated letter issued by Medical Council of India. Without prejudice, the regulatory position in respect of the same is as follows:-





(1) Diplomate of National Board is a recognized qualification as per the Indian Medical Council Act, 1956. DNB qualification is included in the first schedule of the Indian Medical Council Act, 1956.

(2) The Government of India in its various notifications issued from time to time has upheld the status of DNB as that of equivalent qualification as MD/MS/DM/MCh. The Government of India vide latest notification dated 1st June, 2006 has upheld that holders of DNB qualification are to be treated at par with MD/MS/DM/MCh candidates even to teaching posts such as Assistant Professor or recruitment as Senior Resident. The copy of notification issued by the Government of India is enclosed along with for your kind reference.

(3) The equivalence of the DNB qualification vis-à-vis the corresponding MD/MD qualification has been upheld by the Hon’ble Supreme Court of India in the matter Kidwai Memorial Institute of Oncology & ors Vs State of Karnataka & Ors.

One letter dated 14th September, 2007 has been issued by Medical Council of India, on the basis of which your University has issued the above stated captioned letter. The Medical Council of India letter dated 14th September, 2007 has been challenged by various DNB candidates before the Hon’ble Court of Bombay, Nagpur Bench and the Hon’ble Court has been pleased to grant interim relief till final adjudication in the matter takes place. The Hon’ble High Court at Bangalore has also granted interim relief in the matter.


(5) The Government of India has submitted its detailed reply before the Hon’ble Court and the salient points in the Government of India Affidavit is stated herein below:-

"The bare perusal of the Indian Medical Council Act 1956 demonstrates that Medical Council of India has been assigned purely recommendatory role for the Under Graduate Medical Education. The provision of the Indian Medical Council Act 1956 clearly lay down that the recommendations of Medical Council of India have to be considered by the Central Government and which alone has to take a decision one way or the other. It is submitted that AIIMS and PGI of Medical Sciences and all such other institutions established under the Act of Parliament are outside the ambit of MCI Act but are under the administrative control of Government of India. The Central Government for reasons well defined in law has all prerogative to take decisions different from the recommendations of MCI.

That the Hon’ble Supreme Court AIR 1988 SC 1048, Govt. of AP Vs Dr. R. Murli, while considering the effect and implication of the Regulations framed by the MCI, on the basis of the affidavit of the MCI that it is only a recommendatory body and the Regulations framed by it are only recommendatory and not mandatory.

It is submitted that the DNB degree/qualification is equivalent in all respect with MD/MS degrees and the letter dated 1st June, 2006 has been issued after considering all the factors by the Government of India. In order to bring parity between MD/MS students and DNB qualification holders, it is submitted that the teaching experience gained in institutions conducting DNB courses should be treated as teaching experience for the purpose of appointment as medical teachers in medical colleges/institutions"

(6) As per the provisions of the Indian Medical Council Act, the role of Medical Council of India is recommendatory to the Government of India. The Medical Council of India cannot encroach upon the powers of Government of India by issuing a letter which even otherwise, is based upon incorrect observations and is a matter of adjudication before various High Courts in the country,


(7) Considering the stay granted by the Hon’ble Court in the matter and the emerging legal position and till such time, the matter is adjudicated by the Hon’ble court, it is desirable for all recruiting agencies that the status quo may kindly be maintained and the DNB degree holders should not be discriminated, demoted or their assignments/employment terminated.

Yours sincerely,



(Dr. A.K. Sood)
Executive Director

Tuesday, April 14, 2009

'Doc registered in one state can't work in another'

http://timesofindia.indiatimes.com/Cities/Doc-registered-in-one-state-cant-work-in-another/articleshow/4387108.cms

MUMBAI: A medical practitioner registered in one state cannot practise in another state unless his or her name finds place in the central

register, the Supreme Court has held.

The court has also noted that an unregistered medical practitioner and one without a recognised degree or qualification cannot place the prefix "Dr" before his/her name or claim to be a doctor. The two observations form the crux of a recent apex court ruling upholding a 2007 Bombay high court judgment.

The matter had reached the SC after a bench headed by Justice B H Marlapalle banned ayurvedic and unani practitioners registered under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act from practising in rural Maharashtra. The HC held that they had no recognised degree or qualification. It also banned those with a degree or diploma in electropathy or homoeo-electrotherapy to portray themselves as doctors or use the "Dr" prefix.

The SC ruling means that not everyone practising medicine can claim to be a doctor or use the "Dr" prefix. The judgment also makes it clear that unless a medical practitioner in Indian medicine is registered in the central register under the Indian Medicine Central Council Act, she/he cannot practise in the country.

The SC dismissed the claim of a number of practitioners of ayurveda and unani that once they were registered in a particular state, they had the right to practise anywhere in the country.

The apex court held that the restriction placed by law was a "reasonable restriction'' and such practitioners could not claim that their fundamental right under Article 19(g) to practise their profession was being violated. "Reasonable restriction can always be put on on the exercise of right under Article 19(g),'' the court said.

The SC also held that "what constitutes proper education and requisite expertise for a practitioner in Indian medicine must be left to the proper authority having requisite knowledge in the subject''.

Many of those affected were ayurveda practitioners who possessed sufficient knowledge and skill but held no formal degree, diploma or certificate from a recognised institution.

Nikhil Datar a gynaecologist, told TOI, "The problem is that we have only five recognised schools of medical streams-allopathy, homoeopathy, ayurveda, unani and siddha. Anything other than that is not a recognised stream. You can't be called a medical graduate or doctor in the areas of homoeo-electrotherapy, electropathy, acupuncture etc."

s.deshpande@timesgroup.com

Friday, February 27, 2009

Harchan Singh Oration: Scenario of Postgraduate Medical Education in Community Medicine in India

Indian Journal of Community Medicine

http://www.indmedica.com/journals.php?journalid=7&issueid=56&articleid=683&action=article

Harchan Singh Oration: Scenario of Postgraduate Medical Education in Community Medicine in India
Author(s): Sunder Lal*
Vol. 29, No. 2 (2004-04 - 2004-06)


The objectives and goals of Postgraduate medical education in Community Medicine are to produce competent specialists to manage the teaching departments in the Medical colleges, or to manage health services and national health programmes at various levels or to conduct biomedical research in the discipline of community medicine. It is expected that the specialist so trained will be able to manage effectively the health services at Primary Secondary and tertiary level of care and function as effective leader of health teams engaged in health care, research and training. Much will depend upon the nature and content of training imparted to them during postgraduate period as also on the trainers or teachers. Right now the Medical Council of India which is the regulatory body on medical education, provides broad guidelines on postgraduate medical education regulations (2000) and purposely omits detailed curriculum. As per MCI 2000 regulations the major components of Postgraduate Curriculum Constitutes:
  1. Theoretical knowledge
  2. Practical and clinical skills (Managerial skills)
  3. Thesis skills
  4. Attitudes including communication skills
  5. Training on research methodology.
The major focus of MCI regulations is on staffing pattern, their qualification and facilities and recognition of institutions for P.G. Courses rather than regulating a standard curriculum.1
The knowledge and skills gained in the field of social sciences, epidemiology, biostatistics and managerial sciences, ultimately should result into capabilities of becoming a good communicator, a young teacher, planner, researcher with analytical skills, a manager, a leader of health teams and above all mobilizes of resources with mindset of thinking epidemiologically and acting socially in varied situations. The emphasis should shift from "teaching to learning". In order to facilitate learning the trainer should have a plan of what needs to be achieved at the end (learning objectives), what content areas need to be selected for this purpose, what method of training is most appropriate and how to judge whether the learning objectives are attained or not (evaluation).
In the first instance, there is no well defined curriculum worked out, if at all it is there, the methods of acquiring the desired competencies are vague or not at all stated. Therefore, the challenge is to work out a written protocol stating the competencies to be acquired and methods to be adopted to acquire such competencies within a time frame. Only a few institutions in the country have adopted a detailed curriculum of PG studies in Community Medicine in the country. I could lay my hands on curriculum of premier institutes of PGI Chandigarh, AIIMS New Delhi, DNB courses, PGDMCH IGNOU and NIHFW, respectively.2-9 Of late, Universities of Health Sciences have come into existence and hopefully these universities will come out with a detailed uniform curriculum at the national level to be pursued and followed at various levels.
The current situation is that these universities are primarily occupied with conduct of examinations, appointment of examiners for thesis and final university examination apart from awarding degrees. At places Health Sciences Universities have appointed curriculum consultants too, probably to evolve need based, relevant and appropriate curriculum for various disciplines including the discipline of Community Medicine. But so far these curricula have not come out of the shelves.
Prescribing curriculum, its contents and programme of teaching and training is no problem and it appears to be fine on paper and write up but its implementation leaves much to be desired. Since MCI also emphasized ''self directed" learning during the whole course of PG study, the PGs are left to themselves in most situations to learn and acquire need based competencies and skills and knowledge and most of which is based on peer's experience and work culture specific to the situation of that place MCI has left it to each discipline and department to evolve a competency and need based well defined curriculum, made available to trainees at the beginning of the programme to enable them to acquire desirable competencies.

Training Variation - Training Scenario:

The status of PG training in India as imparted by various institutions/universities varies from institution to institution and from state to state, depending upon the strength of faculty positions as also facilities. The course contents, methods of training and experiences gained through postings and methods of evaluation, nomenclature of theory papers and final evaluation varies from university to university. A vast majority of PG education tends to occur in tertiary care hospitals, where super specialists and unusual diseases is the focus of academic attention, whereas M.C.I. regulations explicitly focus on community needs based education. Students are placed in the community to learn social sciences, basic tools of community diagnosis, epidemiology and biostatistics as well as concern for management, community mobilization/organization and participation apart from logistics, supplies and finance mobilization for primary health care.
One of the basic premises of Community Medicine teaching and training is that most of it should occur in the community and of necessity it should be community based and Community biased. Field practice areas in most situations have not been developed and consequently nor its laboratories and accordingly the mindset of PGs develops in that orientation and environments. Since the training contents, methodologies and exposure varies from place to place the competency and skills acquired also vary from product to product. There is no agreed upon principle of minimum or essential skills to be acquired by the PGs in the course of three years training. MD Degree in Community Medicine attracts graduates who have been denied the opportunities or are placed on low merits in entrance test, with some notable exceptions. Therefore it is a challenge for the teachers of Community Medicine or department to train such candidates.
One institution cannot do all the justice for producing a right kind of product. One has to draw other relevant resources of the institute in the first instance or have to develop linkage with the district/state health authorities to create learning situations for PGs. Sometimes one has to develop linkages with other departments in the neighbouring states or national institutes.
Teachers and faculty in Community Medicine must keep their eyes and ear open to know the strengths and weakness of various Public Health Institutions and Medical Colleges in the country. It must be acknowledged that no one institute or Medical College can offer varied learning experiences, so essential to assimilate for training of postgraduate students and to develop faculty and respective department of community health. Networking of teaching, training programmes, research endeavours and facilities available can provide an opportunity to enhance the training programmes.
Recently results of survey of 103 medical institutions as also our observation of 57 medical colleges showed that activities of public health departments/ institutions in India varied substantially. A few of institutions conducted a number of courses including distance education programmes, did publish a lot of research papers, besides organizing national and international conferences and trained many professionals in public health. However distressingly, around 50% of institutions were not very active in terms of above activities.10
PGs from the department of Community Medicine of various institutions in Delhi were quite often seceonded to Medical College, Rohtak, for extended period of two weeks, in field practice areas to acquire competence in national health programmes in rural settings as also to develop community contact with PRI's. Quite often the PG's from LHMC, AIIMS, NICD, NIHFW were seconded to field practice areas of Medical College, Rohtak to acquire specific competancyrelated to National Health Programmes. Similarly, trainees of NIPCCD, IGNOU and Regional training centres of NIPCCD, were posted to Medical College, Rohtak field practice area to learn aspects of Integrated Child Development Services in rural areas. Similarly, DGHS of India used M.C. Rohtak as a launching pad for developing preventative initiative against common disabilities (Impact India). faculty and students of national institutes of Delhi derived i s such exposure and enriched their training programme. Both Faculty and students of Medical College Patiala, Central Bureau of Health education, Delhi and AIIMS and R.P. Centre of AIIMS had first hand experience of mobile teaching cum service hospitals camps; thus opportunity of C.R. Dass mobile hospital camp was used by neighbouring states quite often.
Postgraduate training in Community Medicine should be far more oriented towards the Community with residents working in direct supervision and in collaboration with one or more interns in the rural areas. He should take responsibility for community in PHC system; this would add on to the credentials of the PG.
Most of the thesis subjects chosen are community based, usually epidemiologic in nature and generally relevant and appropriate to the needs of the community but not necessarily high priority areas. Subjects chosen and studies pursued are focused primarily on the extent and nature of problem, which are too well known by now. Distressingly management areas are altogether left out or seldom attempted. Thesis subjects pursued may not be the local or state level priority and this fits into the convenience of students or teachers. In most situations thesis is the only research work pursued by the departments. Much more needs to be done in this direction as lot of time goes in this pivotal activity (about one year or more). Teachers have to accept this challenge. Ultimately the thesis should lead on the development of competency and skills in research methodology (sampling, epidemiological design, sources of data, interview techniques, primary and secondary data, management of, data, presentation of data report writing and search for references etc).
The struggle starts the day the PG enters the Department of Community Medicine with high hope or some hope and he starts dreaming and most of their) dream to end up with International agencies, nothing bad about it, but what next? After selection to PG Course, a PG struggles to find out the subject of thesis protocol as he has to submit his plan of thesis within one year of beginning of course. Much depends upon the teachers and guides. PGs themselves are at a loss to find out the appropriate subject) topic; therefore teachers have to select a subject for thesis. Teachers with insufficient experience and maturity, of eight years can seldom find an appropriate subject hence the senior teachers must support and take the lead. The subject of thesis should be based on the teachers experience in that area or preliminary work done in that area in the field or at institution. Accepting PG for MD degree is a big responsibility and it must be discharged with utmost commitment and teachers must work hard to accomplish the task. The only research contribution of a teacher happens to be one or two odd papers out of PGs thesis, which leads to self deception and stagnation. Teachers should continuously pursue one or the other research project in the field. Further the subject should be innovative and relevant to needs of community and high priority at state or national level. PG starts searching and gets trapped to internee and gets aliens' references or all foreign references and misses the work done in India altogether and produces an alien protocol not relevant to our situation. Thesis in its final form either becomes a decorative document of library shelf or student's precious possession, it is seldom shared with district, state or other health institution authorities. In essence the results are never fed back to the programme or shared with community whose lives it affects most critically.
Find evaluation of the PG student is in fact an evaluation of teaching and training faculty of that department as also the learning opportunities provided or marshalled by that institute. It is a great event of mutual learning besides faculty development and feed back.
Examination system: System of final evaluation of PGs varies from institution to institution. System of continuous evaluation of student by the department/institution faculty is something of an exception than a rule. Log books in most situations are not maintained by the Postgraduates. In most situations the students are given an episodic family exercise and short cases in the community or in the hospital. Focus of these exercises in most situations are missing or absent, altogether these exercises become an endless process and free for everything and whatever comes to the mind of students.
It is almost a ritual to allocate exercise on statistics and Epidemiology which are highly theoretical and mathematical in nature, far away from real practical situation, and lack application by and large. In some institutions the students are given public health laboratory exercises. Students are grilled during viva voce to test their cognitive domain. Psychomotor and affective domain are seldom evaluated. The experience of over 20 years as Postgraduate examinership reveals that health management exercises, training and communication exercises are almost missing in the final evaluation. It reflects that these are probably not a part of the total curriculum. Performance of students was much better, wherever they were trained in the community and in field practice areas.
It is imperative to carry out PG training in the community to acquire competency in community diagnosis, community needs assessment, health priorities, resource mobilization, training of health teams, work load and work-schedule, evaluation of health programmes etc. Building epidemiological and managerial exercises based on the community based teaching seems to be more rewarding than purely theoretical exercises. Faculty and teachers themselves should take lead in these endeavours to become better guides for students and better teachers of Community Medicine. Continuous follow up of family/families should have positive influence on learning of epidemiologic methods, cohort studies, experimental epidemiology besides descriptive epidemiology.
Learning skills of epidemiology: PGs should always think 'epidemiologically and act socially' in varied situations. There cannot be universal application of a method for learning of basic minimum skills of epidemiology, of necessity these need to be diversified in view of local situation. These skills need to be practiced repeatedly to develop perfection. Skills must be practiced in "live situation" of health care delivery system and Integrated Child Development Services, in urban and rural settings respectively. Onus of developing these situations conducive for learning of skills of epidemiology lies with the teachers of PG." It should be accepted that the real epidemiologists are those who practice the science of epidemiology, in our way of thinking these are grass root workers like, anganwadi workers, traditional birth attendants and health workers and the people themselves. In essence these skills are to be acquired in the community itself. Whole of the epidemiology can be learnt in mastering one programme in the field situation and the living example is National Anti Malaria Control programme.

Following Components of epidemiology can be learnt:

  1. Population under surveillance (At risk population),
  2. Planning Surveillance operation to cover whole population.
  3. Periodicity of visit-beat programme- Spot maps.
  4. Calendar of activities - Active Surveillance - Passive surveillance.
  5. Monthly and Annual incidence of fever.
  6. Annual Parasitic Infection/incidence rate (API)
  7. Infant Parasitic rate.
  8. Slide Positivity rate.
  9. P vivax and P. Falciparum Positivity rate.
  10. Mortality rates.
  11. Spray operation-coverage-impact.
  12. Mosquito density and infection rate.
  13. Entomology in Malaria.
  14. Intervention Epidemiology - Spray, presumptive and radical treatment, mass radical treatment.
  15. Organization of Programme - Laboratory services:
  16. Fever outbreak investigations.
This offers extensive ground for learning of descriptive, analytical and experimental or interventional epidemiology provided the PG students assimilate the facts on the ground and in the Community. Likewise RCH programme in field settings offers an opportunity to learn several aspects of epidemiology.'
Similarly Epidemiology of non-communicable diseases can best be practiced in ICDS model. Example is nutritional status of young children and prevention of malnutrition through growth monitoring of young children.13-15 This offers a unique opportunity to learn descriptive, analytical and interventional epidemiology. Cohort studies and case-control studies done by the students themselves offers a wonderful opportunity to learn epidemiology which I call a best opportunity. Class room teaching of epidemiology and computer learning of epidemiology is no substitute to live situation.
Outbreak investigation by students themselves under the guidance of a teacher is yet another opportunity to contain the epidemic and prevent future occurrence and is best example for participatory and active learning of epidemiology. Recently the PGs were involved in investigation of Dengue fever, outbreak of falciparum malaria and hepatitis to learn epidemiology of public health emergencies.
Coverage evaluation surveys should be a routine exercise given to students in urban or rural settings, to both UG and PG students during Intensified Pulse Polio immunization or as a matter for routine immunization coverage in the district. Campaigns like Family health awareness week, goiter surveys, Intensified Pulse Polio Immunization, health melas offer ready made opportunity to learn multiple things including epidemiology, these should be exploited fully.
Epidemiology of interventions like immunization, Vitamin A prophylaxis, IFA therapy and prophylaxis, deworming, therapeutic and supplementary nutrition, safe water, hand washing, school health education, communication for behaviour change for HIV and AIDS and their impact or effect or else coverage, work up by students under appropriate direction can bring in lot of learning of epidemiology.
Two months training course in epidemiology pursued by NICD Delhi, ICMR Institute of epidemiology at Chennai and DPH training at AIIH and PH Calcutta have played distinct roles to prepare field epidemiologists in the country.
Learning Demography and Biostatistics and Health information system: Focus should be on applied demography and biostatistics as it is being used for health programmes and service delivery. Involving students in annual surveys of eligible couples and their updating in urban or rural areas, delineating householder and population, age and sex, composition of population, sex ratio, family size, total fertility rate, birth interval, age of marriage, preferences for contraceptive and contraception use rate, profile of acceptors for different methods, open and closed birth interval; segmentation of clients and according priority to clients for contraception, immunization and antenatal care could be stimulating live exercises in the field, Anganwadi set up or subcentre set up could be used to learn crude birth rate, death rate, pregnancy prevalence, contraceptive prevalence rate, as also causes of death amongst young children. Live book for biostatics and demography is an Anganwadi or sub centre in action.16-17 According to our rating these are best learning temples for biostatistics and demography. Interaction with people and community on their life styles and pattern of living conditions can further enrich these data. Sampling frame and sampling for coverage evaluation surveys can be best learnt in community setting in the form of project exercise or case studies. Elements of biostatistics can also be picked up from district rapid surveys, facility surveys. NFHS, census data and state and district statistics or statistics of field practice area for better learning of demography, statistics and epidemiology. Unfortunately we are obsessed with class room learning of biostatistics and demography and tend to be data driven than action driven. Programme workers are using their data for action and this is the crux, we have to emphasise and demonstrate how to use data and how to collect data and improve the quality and coverage of services in field situations. Different sources of data collection from the field and their use at local level and sharing of information with community and use of data and information by health managers for decision making needs to be demonstrated to PGs for learning of biostatistics and health information system.16-17
PGs should be involved in preparation of monthly monitoring reports and participate to some extent in maintenance of records of facility and give feed back to the workers and health managers for effecting improvements in the system besides evaluating the performance of worker or a facility in the system of health care. Recently computer compatible system of health information is in vogue but it has not been adopted universally. Similarly PGs should utilize the opportunity of preparing annual morbidity or monthly morbidity return of a facility to capture the prevalent morbidities of a geographical area and use there of for indenting medicine and prevention of disease to reduce disease burden.
Learning life table method of analysis from growth charts and follow up of pregnant women and young children have undoubtedly served as best tools to learn biostatistics and epidemiology.
Learning of Managerial and Social Sciences Skills: Teaching and learning of management at PG level has been neglected by and large. Teachers are at loss to deal with this subject and they lack confidence and experience. In the first instance the trainers need to be prepared to enhance the learning of management. Though varieties of self directed learning modules are available on management (NIHFW, Agha Khan Foundation, IGNOU and RCH Modules) for different categories of functionaries. There is no guarantee that after reading these modules one acquires the competency or skills of management. Best way to learn skills of management is to practice basic elements of management by doing things themselves in live situations of health care delivery system. Admittedly learning whole of management and appropriate skills may be beyond the reach of many but certain major aspects can be learnt.18-20
We have used the live situations wherein PG becomes part of health care delivery system at the level of Primary Health Centre and CHC. He/she participates in planning of outreach sessions on immunization, beneficiaries sub-centre wise, carries supplies to sub centres, monitors session on immunization, injection safety and prepares reports, ensures follow up of immunized for adverse reactions. Besides this, they participate in social mobilization and maintenance of cold chain system apart from surveillance of diseases (AFP).
Community needs assessment approach: Under RCH, though a paper tiger, has been used as tool - for PGs to learn community diagnosis and "action plan", at the level of sub centre. It is mandatory in our settings for a PG to take responsibility of a sub-centre for two months to pick up the skills by observing job-responsibilities and jobs performed by health workers, preparation of supervisory check list, monitor the performance through monthly reports, participate in continuing education of workers through sector meetings, use of essential drugs in kit A and B, work load and work schedule of health workers, built in mechanism of supervision, community contact and home visits of workers. Once a month, PGs contact the PRI in a predetermined village on fixed dates to get feedback and consultation with elected leaders and to generate additional resources for health sub centre. PGs help organizing women groups (MSS groups), once a month contact with women groups to build their capacities and give them health responsibilities in their neighbourhood (DD., Depots for IFA. contraceptives and chlorine tablets).
Since PGs are part of health care delivery system they are part of all mpnthly meetings held at PHC and CHC to learn the problems faced by workers, managers' responsibilities to solve these problems, supportive supervision, planning with consultation of workers, giving feed back to workers and supervisors and their continuing education as also reviewing their performance. Cash book inventories, total budget on salaries, drugs and other contingencies, indent preparation, stock register of medicines for drug inventories and log book maintenance for vehicle are repetitive exercise done by PGs for presentation to medical interns. Total internship training programme is managed by PG and senior resident in the setting of PHC/CHC. In essence PGs learn about the available manpower, their control and supervision, material resources, planning and organization of services for coverage of total population as also their monitoring and evaluation. It is total participatory learning.
PGs become part of UG training and take responsibilities of training of small batches in family studies, organize demonstrations and prepare settings for training under the supervision and guidance of teacher to impact skill based training to UGs in the Community. Similarly PGs become part of resident Internship training programme in the community setting and follow a well defined competency based curriculum drawn by them for 3 months under the preceptorship of faculty member. Since the PGs are resident with interns and faculty members in the community setting at PHC, the learning is maximum in the areas of community interactions and contacts, health care delivery system and national problems besides continuing education programme of functionaries. Learning methods and educational technologies are practiced in the community with Mahila Swasthya Sangh meetings, school population education programme, PRI, traditional birth attendants, Anganwadi workers, health workers and their supervisor, school teachers and other women groups. In our experience through internship and UG training programme the PGs training has been taken to community settings and it has positive impact on development of right kind of attitudes and value system and leaves an indelible impression on the minds of PGs. Most often the internship training programme is drawn and dovetailed deliberately with the activities of CHC/PHC during a particular month. Having vibrant internship and UGs training programme means creating lot many opportunities and situations for PGs training on sustainable basis. In a way it can be most creative and satisfying experience.
The residents in our situation take the responsibility for a defined community, for the training in management of health team, and perform an important teaching function as well as become role models, giving positive influence to the internship experience. All residents are involved intensively in the management process of primary health care system.
Interaction and involvement of District Programme Officers (Health Services) and District Civil Surgeon/CMO in teaching and training programme provides enrichment of learning of community medicine and enhances the development of faculty of Community Medicine apart from building most relevant PGs' training to learn managerial aspect of health care delivery and national health programmes. The situation of district training teams and regional training centre developed all over the country for integrated skill training under RCH Phase I and basic training/ promotional training for workers and supervisors and specialized skill training, can be effectively utilized for PG's training. Exposure to such situations can be most productive for learning of all aspects of RCH (Maternal and Child Health as also national health programmes). Faculty of medical colleges must utilize this opportunity by building good relationship with local CMO/Civil Surgeon and mutual understanding.
In the first phase, the Professor and HOD of Community Medicine should attend all monthly meetings of Civil Surgeon and help district teams as resource person, and expose all PGs to this stream to learn managerial skills. Such an exposure provides an opportunity to learn the most pressing local health problem, which can be chosen as an area of thesis for PGs or could be taken up as a research project for the department. Faculty of Community Medicine could become part of rapid evaluation team undertaking district programme evaluation. The results of evaluation and thesis subjects should be fed back to the system for effecting improvements in the system.
Responsibility of geographical area in urban slums set up or rural field practice area should rest with the department of Community Medicine for delivery of services of national health programme as also rendering reports to Civil Surgeon or Municipal Corporation on standard format. This step further establishes linkage with health service system and promotes learning in real situations and can lead on to development of field epidemiological unit.21-26
Developing Positive Attitudes-Motivation-Communication Skills: Motivation and development of positive attitudes comes through role models and it cannot be enthused through sermons. Teachers. Senior residents and Medical officers should become good role models and set high standard for themselves, which is observed by PGs and interns and health teams. Senior residents, PGs and interns are resident in field practice area, in our set up and it gives a positive influence to learning as they lead a corporate life. We all are continuously being judged by people, our health teams, interns and PGs who subsequently talk about us and describe our profile and transmit all these to their fellow colleagues. Teachers leave an indelible impression on the minds of taught. Therefore motivation and developing right attitudes is a challenge to the teacher community, how much they transmit and propagate depends largely on them. Shaping personality of interns and PGs depends on teachers and teachers of Community Medicine have a special role in the institution.
Sustained interaction with community and health workers are the basis of ascertaining their communication needs. Communication needs assessment is seldom undertaken. One needs to organize women groups, PRI groups and communicate with them on regular basis to build mutual trust and platform for communication. Communication material which comes in abundance to PHC has to be used judiciously to communicate the message to targeted groups like MSS, PRI, pregnant and lactating women and adolescent girls and boys in and out of schools. PGs have access to all these materials and should develop the abilities to organize groups along with area health workers and supervisors.21.26 Evaluation of communication material and message is a virgin area altogether, PGs could use this opportunity to learn the technique of evaluation of health education efforts.
Our experience of involving PGs for interpersonal communication skills development has paid rich dividends. Anganwadi workers have proved to be best communicators, their communication skills have been imbibed by the PGs and health workers in the area of safe pregnancy, safe delivery, promotion of breast feeding, feeding of young children, immunization, management of illnesses, contraception and promotion of personal hygiene practices. Communication skills and counselling skills are vital to change behaviour to reduce morbidity and mortality in women and children.
Learning Teaching and Training Skills: While it is essential for teachers in general education to undergo formal training in education, no such Scenario of Postgraduate Medical Education preparatory facilities are available in training in health. Very often teachers acquire skills by chance than choice.
Teacher is a role model for the student community. Teachers training or training of trainers is critical input to develop right kind of trainers/teachers. Medical education cell is a partial answer to the problem. Transmission and propagation of teaching skills to PGs is a pivotal responsibility of the teacher. IAPSM should take the onerous responsibility to train its members as good teachers.
Most teaching and training skills are acquired by imitation of teachers within the department. At the best these skills are acquired by taking responsibility to conduct some tutorials or demonstration for undergraduates. It has been observed that delegation of batches of UGs to PGs is done without briefing or guidance or without preparing the situation for training and consequently the PGs soon become frustrated. In other words PGs are being just told to take a batch or tutorial. How to conduct a group discussion, organization of demonstration, preparation of lesson plan, educational technologies, teaching methods, use of teaching-training aids and evaluation of lesson plan is seldom taught seriously to PGs. Best way to impart training of teaching skills to PGs is to let them attend the UG class when a senior faculty member teaches such a class, as a model of teaching training. Such a step will compel a teacher to come prepared thoroughly. Microteaching is yet another technique which could be exploited in peer groups or small batches to develop teaching and learning skills under the guidance of a supervisor.
Wherever the postgraduate works in direct supervision and collaboration with medical interns and takes responsibility for internship training programme the pride of teaching and training develops to its full potential and provides the postgraduate the valuable experience to become part of his professional credentials when he becomes a teacher for the undergraduate students 27. Gradually involving PGs in teaching, training programmes of multipurpose health workers, integrated skill training programmes, Anganwadi workers and traditional birth attendants, team's training and continuing education activities of health teams at the level of PHC/CHC has paid rich dividends. Teaching and training of grass root functionaries (AWW and TBA and Health guides, women groups) is a bigger challenge than training of undergraduates. Training needs assessment, communication needs assessment and managerial training needs assessment can become core content of developing appropriate activities for skill development and important exercise or stimulus for further action. It may be stated that training responsibility is a neglected area and is left to an individual PG to develop himself/herself by trials and errors and just being told. Active thinking techniques are seldom deployed. Medical education cell/department established in the institutions to fulfill obligatory requirement of MCI is a step in the right direction but these have to work very hard to upgrade the teaching and training technologies and skills of faculty.
Learning skills of research methodology: The PGs should develop an analytical and critical mind. One way and most common method to inculcate this skill is "thesis" for PGs which is must under MCI Regulations. Apart from thesis, the other methods to develop enquiring mind are teaching and training of undergraduates, Project work, rapid evaluation of health programmes, planning and evaluation of programmes as enunciated under acquisition of managerial skills and epidemiological skills. Departmental research projects also can stimulate learning research methodologies. Peer group learning from each other through their respective thesis topics and research methodologies adopted. Operational research and action research activities in the delivery of national health programmes imbibes lot of skills of Health System Research in the areas of improving coverage and quality of services. One neglected area of research is cost containment and cost benefit of intervention or the field of health economics, which is the need of the system. Health system research courses organized by the NIHFW provides useful opportunity to develop research capabilities of young faculty. Community itself provides lot of opportunities for learning of research methodologies.
What I have deliberated/said about PG training scenario in the country is not a road map for all the problems, it is indicative of strengths and weaknesses of various models of PGs training in a vast country like India where diversity prevails, available manpower and facilities are bare minimum with enormous challenges. It is suggested that networking of various models of training, case studies, research endeavours, field practice areas and their facilities, special skills available for learning of epidemiology and biostatistics in the country be done and disseminated widely to enable faculty and teachers of community medicine to facilitate training and teaching of PGs. This is essential in view of the NHP 2002 which envisages progressive increase in the PG seats in the disciplines of "Public Health" and "Family Medicine" to reach the stage of 25% of total seats for these disciplines.23 Training desist to rely totally on computer based community medicine learning for PG's. Modern technologies should be used but should not substitute community model or live situation. Teachers training in core content of community medicine through training of trainers exercises helped by IAPSM or donor agencies are to be encouraged. IAPSM holds pivotal responsibility in this area and it has demonstrated by organizing successful RCH orientation activities for teachers of 57 medical colleges in the country about two years back. The same endeavour should continue with progressive involvement of IAPSM.

References

  1. Medical Council of India. Postgraduate Medical Education Regulations; 2000. Medical Council of India. Aiwan - E-Galib Marg, Kotla Road, New Delhi.
  2. Postgraduate Institute of Medical Education and Research, Chandigarh. Syllabus of M.D. Community Medicine-2000.
  3. All India Institute of Medical Sciences, New Delhi. Syllabus of Community Medicine MD.
  4. J.S. Gill and K. Ramachandran. Objectives of Training in M.D. Community Medicine. The Indian Journal of Medical Education 25;2 PP 13-21 May- August 1985.
  5. National Board of Examinations Syllabus DNB Programme. Guidelines of Competency Based Training Programmes in Community Medicine, 2003.
  6. Indira Gandhi National Open University, School of Health Sciences. MME-101. Preventive MCH. Basics of Planning and Management Block- 6-IGNOU, 2003.
  7. Indira Gandhi National Open University (IGNOU). School of Health Sciences MME-101- Epidemiology in Maternal and Child Health, Block 3 IGNOU-2003.
  8. Programme Guide. Post Graduate Diploma in Maternal and Child Health. School of Health Sciences. Indira Gandhi National Open University, Maidan Garhi. New Delhi, 2003.
  9. Management Training far Primary Health Care. Assessment of Management Training Needs. National Institute of Health and Family Welfare, New Delhi, 1986.
  10. Public Health School without walls. A report of network activities 2001  2002. K.R. Thankappan, K. Mohandas, Carel IJsselmwden, Reginold Matchaba-Hove, Manju Ranjit. Achutha Menon Centre for Health Science Studies. Sree Thiruvananthapuram, Kerala, India, Nov. 2002.
  11. Management Training Modules for Medical Officer. Primary Health Care. National Institute of Health and Family Welfare, New Delhi, 1987
  12. Manual on Target Free Approach (CNAA) in Family Welfare Programme MOH and FW Govt. of India, New Delhi-1996.
  13. Manual on integrated Management Information System for ICDS. Deptt. Women Welfare, Ministry of Human Resource Development, Shastri an blew - Delhi, 1986.
  14. Integrated curriculum in UIP, DDC, MCH, ARI and ICDS for District Immunization Officers, PHC Medical, Officers, HA (Male and Female) MPW (M and F) and MS and AWW. Central Technical Committee on Health and Nutrition (ICDS) AIIMS, New Delhi.
  15. Tandon BN. Participation of Medical College in National Health Programmes - An Experiment in India. NFI. Bulletin. Bulletin of the Nutrition Foundation of India July 1986 Vol. 7 No. 3.
  16. Module for Continuing Education of Medical Officer of Primary Health Centre. Rural Health Division DGHS, MOH and FW Govt, of India, New Delhi-1990.
  17. Health for All - An Alternate strategy. Report of the study group set up jointly by the ICSSR and ICMR Indian Institute of Education, Pune ICSSR-1981.
  18. Alternatives in Development: Health. Health Services and Medical Education. A programme for immediate action. Report of the group on Medical Education and Support Manpower. MOH and FW, Govt. of India, New Delhi. ICSSR 1975.
  19. B.P. Patel. Reorientation of Medical Education for Community Health Services MOB and FW, Govt. of India, New Delhi.
  20. Guidelines for Health- Manpower Planning. P. Hornby. Dk Roy P S - TL Hall, World Health Organization Geneva, 1980.
  21. Report of the working group on Health For All by 2000 AD. GoeL or India, MOH and FW 25th March, 1981, New Delhi.
  22. Postgraduate Paediatrics Series. Edited by John Apley Paediatric Priorities in the developing world by David Morley. Butterworths and Co. London Boston, 1978.
  23. Govt. of India. National Health Policy 2002. MOB and FW Govt. of India, New Delhi.
  24. Bulletin on Rural Health Statistics in India March, 2002. Issued by Infrastructure Division, Department of Family Welfare. MOB and FW, Nirman Bhavan, New Delhi.
  25. Postgraduate Medical Education in India. Proceedings of the Fifth Annual Conference of IAAME held under the auspices of the University of Delhi-1965. Edited by R Viswanath and AS. Paintal. Published by P.S. Jayasinghe, Asia Publishing House, Bombay.
  26. Medical Education in India today an IMA publication. Based on the proceedings of the National Seminars on Medical Education organized by Indian Medical Association at New Delhi, December 7-9, 1990.
  27. Organization of Health Services and training of Physicians for Child Health Services. R.S. Arole and Jon Eliot Rohde. A consultant Report to USAID-1983.
  28. Health Manpower, Planning, Production and Management. Report of the Expert committee, MOB and FW, New Delhi - 1987.

Wednesday, February 25, 2009

Ragging is like human rights' abuse, says SC

http://www.hinduonnet.com/thehindu/holnus/002200902112231.htm


New Delhi (PTI): "Ragging in essence is a human rights' abuse," the Supreme Court on Wednesday said making it clear that any student prima facie found guilty of indulging in such an act would invite immediate suspension and institutions' bid to shield the culprits would lead to cuts in grants.

"The act by the seniors is a fist of steel against ice and likewise by doing so, they shatter the ambition, aim and object of freshers and they become aloof in this practical world," the Bench said adding that "ragging in essence is a human rights' abuse".

"Delay in taking action in many cases would frustrate the need for taking urgent action. In such cases if the authorities are prima facie satisfied about errant act of any student, they can...suspend the student from the institution and the hostel and give opportunity to him to have his say," a Bench comprising Justices Arijit Pasayat and M K Sharma said.

The Bench said such a measure was needed as a question was raised regarding giving opportunity to the offender before taking actions like expulsion etc.

It said law has to be set into motion immediately by informing the police about such an incident. "If it comes to the notice of the university or controlling body that any educational institution is trying to shield the errant students, they shall be free to reduce the grants in aid and in serious cases deny grants in aid," the bench said.

Tuesday, February 24, 2009

“Doctor can’t be held liable for error of judgment ”

http://www.hinduonnet.com/2009/02/19/stories/2009021959251400.htm


Indiscriminate proceedings and decisions are counter-productive: Supreme Court


If punished, no doctor can practise his vocation with equanimity
It is true that medical profession has to an extent become commercialised

New Delhi: A doctor cannot straightway be held liable for medical negligence simply because a patient has not favourably responded to treatment or surgery has failed, the Supreme Court has held.
A Bench consisting of Justices Markandey Katju and R.M. Lodha on Tuesday said: “A medical practitioner is not liable to be held negligent simply because things went wrong from a mischance or misadventure or through an error of judgment in choosing one reasonable course of treatment in preference to another. He would be liable only where his conduct fell below the standards of a reasonably compe)tent practitioner in his field.”
The Bench set aside an order passed by the National Consumer Disputes Redress Commission, which held Dr. Martin F. D’Souza of the Nanavati Hospital, Mumbai, guilty of negligence on a complaint from Mohd Ishfaq, who was treated for renal and severe urinary tract infection.
Writing the judgment, Justice Katju said: “While doctors who cause death or agony due to medical negligence should certainly be penalised, it must also be remembered that like all professionals doctors too can make errors of judgment, but if they are punished for this no doctor can practise his vocation with equanimity. Indiscriminate proceedings and decisions against doctors are counter-productive and serve society no good. They inhibit the free exercise of judgment by a professional in a particular situation.”
Therefore, whenever complaints were received against a doctor or hospital, the consumer forum or criminal court, before issuing notice, should first refer the matter to a competent doctor or a committee of doctors, specialising in the field where negligence was attributed. Only after that doctor or committee “reports that there is a prima facie case of medical negligence should notice be issued to the doctor/hospital concerned.”
The Bench said: “This is necessary to avoid harassment to doctors who may not ultimately be found to be negligent. We further warn police officials not to arrest or harass doctors unless the facts clearly come within the parameters laid down by the apex court in Jacob Mathew’s case; otherwise, the policemen will themselves have to face legal action.”
The Bench said: “While this court has no sympathy for doctors who are negligent, it must also be said that frivolous complaints against doctors have increased by leaps and bounds particularly after the medical profession was placed within the purview of the Consumer Protection Act.”
The Bench said: “The courts and consumer fora are not experts in medical science and must not substitute their own views for that of specialists. It is true that the medical profession has to an extent become commercialised and there are many doctors who depart from the Hippocratic oath for their selfish ends of making money. However, the entire medical fraternity cannot be blamed or branded as lacking in integrity or competence just because of some bad apples.”
Sometimes despite the best effort, the treatment of a doctor failed, the Bench said. “For instance, sometimes despite the best effort of a surgeon, the patient dies. That does not mean that the doctor or the surgeon must be held guilty of medical negligence, unless there is some strong evidence to suggest that he is. On the facts of this particular case, we are of the opinion that the appellant [Martin F. D’Souza] was not guilty of medical negligence. Appeal allowed.”

Monday, February 23, 2009

Colleges submit merit lists for PG courses

http://www.hindu.com/2004/03/23/stories/2004032310750300.htm


By Our Staff Reporter

BANGALORE, MARCH 22. Representatives of 13 private medical and 12 private dental colleges in the State on Monday submitted their merit lists for postgraduate courses to the Venkataraman Committee, which is overseeing the entrance test for professional college admissions.

The committee has reportedly indicated that the colleges could go ahead with their admissions after the panel's approval of the merit list. Three more colleges are likely to submit their lists on Tuesday, sources in the Education Department said.

According to the Consortium of Medical, Engineering and Dental Colleges of Karnataka (COMED-K) Chairman, R.L. Jalappa, representatives of the consortium's member colleges on Monday argued before the panel that the postgraduate admissions came under the purview of the Medical Council of India (MCI) regulations of 2000. "We have every right to hold the entrance test as per the regulations," he told The Hindu.

Besides, since there was no decision yet on the fee structure, sharing of government and management quota seats and the seat matrix, COMED-K had decided to postpone the interview dates fixed earlier, he said.

Mr. Jalappa said fresh dates for the admission interviews would be announced soon in the newspapers. A final decision on the entrance test for undergraduate engineering, medical and dental courses would be taken after meeting the Chief Minister, S.M. Krishna, he said. An earlier meeting with Mr. Krishna had to be postponed because of his hectic schedule.

Saturday, February 21, 2009

MCI PG Medical Education Regulations, 2000 Notified

http://news.indlaw.com/news2k-1548

October 26, 2000

The Post-Graduate Medical Education Regulations have been revised in tune with the advances taking place in the field of Medical Education and Medical Technology across the world. The Regulations called "Post Graduate Medical Education Regulations, 2000" were notified by the Medical Council of India after getting approval from the Central Government. These Regulations have been revised after a gap of 29 years.

A clause has been added in the new Regulations for allowing non-teaching institutions in Government sector to start PG courses. In the earlier Regulations, the medical colleges recognised for running MBBS courses were only eligible to start the PG courses.

Under the new Regulations, the training period for Super-Speciality courses has been fixed as 3 years after MD/MS. According to old Regulations, it was 2 years after MD/MS. The selection process of Post-Graduate students has also been dileneated. Now, the students can be admitted either on the basis of competitive test conducted by State Governments or other Competent Authority at both State level and Centre level or on the basis of individual performance at MBBS examination. Earlier, the students were selected strictly on the basis of merit judged on the basis of academic record in the Under-Graduate course. Keeping in view the importance of Post-Graduate Medical Education, the Teacher-Student ratio has also been revised. Some of the P.G. courses like Bio-Statistics, Immunology and Allergy, Emergency Medicine etc. were deleted from the earlier regulations as these have already been included in the other related specialities. Some of the courses have been combined into one speciality like Dermatology/STD/Leprosy and Cardio-Thoracic Surgery/Vascular Surgery etc. New specialities like diploma in Marine Medicine and super spcialities like DM Neo-Natology, Neuro-Radiology have been added to list of courses for which PG training can be given.

Friday, February 20, 2009

Reservation benefits state-specific: HC

http://timesofindia.indiatimes.com/Cities/Chennai/Reservation_benefits_state-specific_HC/articleshow/3970062.cms

A migrant can claim reservation benefits under a particular category only if his caste fell within the reserved category in his home

state as well as in the state to which he migrates, the Madras High Court has ruled.

A division bench comprising justice Elipe Dharma Rao and justice S Tamilvanan, passing orders on a writ petition recently, said that even if the name of the caste was one and the same in both the states, the beneficiary could claim benefits only if the caste was declared as OBC or SC/ST in both the states.

"Even if the nomenclature of the caste is the same in both the states, only if the caste to which the beneficiary belongs to in that particular state is declared as SC/ST and the same is declared as SC/ST in the state to which he migrates also, can a person claim the status of SC/ST in the migrated state," the judges observed.

The petitioner R Venu, opposing denial of ST certificate to his son, contended that the community Ganaka, known as Kani or Kaniyan, is a notified OBC community in Kerala. But Kaniyan community is included in the ST list in Tamil Nadu. Noting that place of birth is immaterial for the purpose of determination of caste, he said the place where the parents of the applicant ordinarily reside' should alone be the criterion.

Rejecting the submission, the judges said Venu, who had migrated from Kerala, should make way for the disadvantaged and disabled communities in Tamil Nadu. Pointing out that the Supreme Court ruling on a similar matter passed on distinguishable set of facts, they said the principle applicable for declaration of SC/ST depends on the nature and extent of disadvantages and social hardships suffered by that group in that state, and not on the ground of having ordinary residence or domicile.

Thursday, February 19, 2009

SEAT-SHARING FOR PG COURSES MCI unhappy with formula

http://www.deccanherald.com/CONTENT/Dec202007/state2007122042180.asp

By Vijesh Kamath, DH News Service, Bangalore:
The seat sharing pattern for post-graduate medical seats, arrived at between government and private managements earlier this year has come under the scanner of Medical Council of India (MCI)...

The MCI, the highest decision making body on medical education, has taken serious exception to the seat-sharing pattern, citing that it goes against the regulation of the Council.

For admission to post-graduate medical seats for the academic year 2007, the government and 11 medical colleges under the aegis of the Consortium of Medical, Dental and Engineering Colleges in Karnataka (Comed-K), had arrived at a 33:66 seat sharing formula (i.e., 33 per cent filled by government and 66 per cent by private colleges).

In all, 832 PG medical seats were filled by the management, and 277 by the government.


However, the MCI is not happy. Sources say the Council has cited that the pattern is in violation to its ‘Postgraduate Medical Education Regulations- 2000’. The regulations stipulate that in private institutions, 50 per cent of the total seats shall be filled by the government and the remaining 50 per cent by the management of the institution, on the basis of merit.

And that’s not all. The MCI, in a letter dated December 14, had directed principals of the 11 medical colleges to compensate for the “violations” by offering the “excess”16 per cent (which is over and above the 50 per cent seats allotted to the management) to government during admissions for PG courses next year.

In other words, the MCI wants the government to fill 66 per cent seats in private institutions during admissions 2008. These MCI directions come at a time when the government and private managements have agreed that this year’s formula will be applicable for 2008 too.

However, Comed-K representatives argue that the MCI regulations have no relevance now following the Supreme Court judgement in the Islamic Academy case which abolished quota in private unaided colleges.

“Following the Supreme Court order, there is no obligation on us to part with management seats. However, on a request from the government, we decided to share 33 per cent seats,” Comed-K secretary Dr S Kumar said, adding, “Moreover, the memorandum of understanding between the government and Comed-K has been approved by SC.”

Comed-K will hold a meeting next week and dispatching a reply to the MCI to ‘clarify’ the issue, he said.