High Court : MGR Medical University 11 Medical Diploma Courses Illegal

The Tamil Nadu Dr.M.G.R. Medical University ( TN MGR Univ) was conducting the following P.G. Diploma Courses in Medical Sciences

ONE YEAR COURSES

1. HIV MEDICINE
2. OCCUPATIONAL HEALTH
3. PALLIATIVE MEDICINE
4. IMMUNOLOGY

TWO YEARS COURSES

1. MEDICAL GENETICS
2. CRITICAL CARE IN MEDICINE
3. CLINICAL DIABETOLOGY
4. DIAGNOSTIC ULTRASOUND (OBS & GYN)
5. CLINICAL LABORATORY MEDICINE

ELIGIBILITY FOR THE ABOVE COURSES : M.B.B.S. from an MCI Recognised University

From http://www.thehindu.com/news/states/tamil-nadu/article2622277.ece

The Madras High Court has held as illegal, the proposal of Tamil Nadu Dr.MGR Medical University to introduce 11 Post Graduate Diploma courses in medical sciences in 2011-12.

Petitioners M. Ramesh and others stated that the move was without the approval of the Centre and the Medical Council of India. These courses, including HIV medicine, (1/2 years) were part of the existing recognised courses approved by MCI/Centre which were being conducted by different colleges.

The examinations were conducted by the university. The university carved out the syllabus framed by MCI and was introducing new courses without necessary approval. Allowing the petitions, Justice N. Paul Vasanthakumar said that the university was not empowered to grant permission to any institution or medical college to conduct any PG diploma course in medical sciences without Central approval as required under the MCI Act.

As rightly submitted by petitioners’ senior counsel, K.M. Vijayan, all PG diploma courses now permitted by the university were available in MCI regulations either as PG diploma courses or part of the degree courses or both.

Thus, it was evident that the university was seeking to introduce the course in different names on the same subject.

http://expressbuzz.com/cities/chennai/11-PG-diploma-courses-of-university-illegal-HC/332761.html

CHENNAI: The Madras High Court has held unconstitutional the proposal of the TN Dr MGR Medical University to introduce 11 PG diploma courses in medical sciences for 2011-12.
Justice N Paul Vasanthakumar gave the declaration while allowing a batch of five writ petitions from Dr M Ramesh and 24 others. Petritioners’ senior counsel KM Vijayan contended that the university’s proposal to introduce/commence the courses without any approval from the central government/Medical Council of India (MCI) was unconstitutional and contrary to the provisions of the Indian Medical Council Act.
These 11 courses including HIV medicine were part of the existing courses approved by the MCI/central government, which were being conducted through different colleges and the examinations were conducted by the university. It had just splitted and carved out the syllabus framed by the MCI and was introducing the new courses without any approval from the MCI. The MCI and the central government supported the contentions of the petitioners.
Allowing the petitions, Justice Vasanthakumar observed that the university was not empowered to grant permission to any institution or medical college to conduct any PG diploma course in medical sciences without the previous approval of the central government as required under Sec 10A(1) of the MCI Act.
As rightly contended by Vijayan, all the PG diploma courses in medical sciences now permitted by the university were available in the MCI Regulations either as Post Graduate diploma course or part of the degree courses or both.
”Thus it is evident that the university is seeking to introduce courses in different names on the same subjects,’’ the judge said.

http://timesofindia.indiatimes.com/home/education/news/Chennai-11-medical-courses-declared-illegal/articleshow/10712480.cms

CHENNAI: Eleven ‘half-baked ‘ postgraduate diploma courses introduced by the Tamil Nadu Dr MGR Medical University without prior approval from the MCI or the Centre were declared illegal by the Madras high court on Thursday.

Justice N Paul Vasanthakumar , allowing a batch of writ petitions, said, “The university is not empowered to grant permission to any institution or medical college to conduct any PG diploma course in medical sciences without prior approval of the central government as required under Section 10A(1) of the Medical Council of India Act, 1956.”

The courses are: PG diplomas in HIV medicine, occupational health, palliative medicine , clinical immunology, medical genetics, critical care in medicine, family medicine (distance education), medical imaging, diagnostic ultrasound , clinical laboratory medicine and clinical diabetology.

The courses were to be offered from next academic year. A group of PG students approached the high court against the university’s plan.

Concurring with the submissions of senior counsel K M Vijayan, who appeared for petitioners , that all these courses are already available as the MCI-approved PG diploma or degree courses, the judge said that the university’s argument that these courses did not figure in the list of existing degree or diploma courses was contrary to record.

Justice Paul Vasanthakumar pointed out that the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002 states that physicians shall display as suffix to their names only recognized medical degrees or certificates or diplomas.

He also said: “Without such recognition, if any person is allowed to suffix PG diploma in medical sciences along with MBBS degree, the general public will definitely get an impression that the physician is a specialist . Special status can be claimed by any physician only after getting an approved PG diploma and not half-baked diploma courses offered by the university.”

The university had admitted in the court that it had decided to start these PG diploma courses and granted permission to conduct the courses in 11 hospitals/medical colleges without prior permission of the Centre or the MCI.

The judge also rejected the university’s claim that Section 10A(1) of the MCI Act would not stop the university from offering or granting permission to offer courses through the approved institutions. “It is unsustainable and it is a statutory violation under Section 10A of the Act,” he said.

When the university’s counsel pointed out that several private universities were offering diploma courses without the approval of the MCI, Justice Paul Vasanthakumar said: “If any other person including the university or the MCI approaches this court against such universities, this court will definitely consider the matter and pass appropriate orders.”