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ECMN-21.08.2014 For Leave Rule PDF
ECMN-21.08.2014 For Leave Rule PDF
No. MCI-5(2)/2014-Med.Misc./
Minutes of the meeting of the Executive Committee held on 21st August, 2014 at 11.00
a.m. in the Council Office at Sector 8, Pocket 14, Dwarka, New Delhi.
Present:
Deputy Director,
Dr. Ravindra H.N. Karnataka State AIDS Prevention Society,
No. 4-13/1, Crescent Road, High grounds,
Bangalore - 560 001
Prof. of Surgery & I/c ADME,
Dr. Venkatesh Kakollu
Gandhi Medical College,
Secunderabad, Andhra Pradesh
Professor & Head, Department Of
Dr. Vijay Prakash Singh
Gastroenterology, Patna Medical College,
Patna, Bihar
Director General,
Dr. K.K. Gupta Medical Education,
10, Gulistan Colony,
Lucknow
Dean, Goa Medical College,
Dr. V.N. Jindal
Bombolim-403202,
Goa
1. Minutes of the Executive Committee Meeting held on 08th July, 2014 & 12th
July, 2014– Confirmation of.
Read: the minutes of the Executive Committee Meeting held on 08th July, 2014
& 12th July, 2014.
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The Executive Committee of the Council confirmed the minutes of the last
meeting held on 08th July, 2014 & 12th July, 2014.
The Executive Committee of the Council noted the action taken on the minutes of
the Executive Committee meeting held on 08th July, 2014 & 12th July, 2014
Read: the pending items arising out of the decisions taken by the Executive
Committee.
The Executive Committee of the Council noted the pending items arising out of
the decisions taken by the Executive Committee except the following:-
The Executive Committee of the Council noted that a Sub-Committee had been
constituted on 3rd June, 2014 and perused the following report of the Sub-Committee
dated 14.06.2014:-
Note: The Executive Committee of the Council further decided that the matter with
regard to eligibility of Consultants/Specialists as UG teachers where medical
colleges are being opened in association with District Hospital as well as
eligibility of GDMO’s as UG teachers be referred to TEQ Sub-Committee.
The Executive Committee of the Council considered the matter at length and
noted the submissions made by the Principal, MNR Medical College, Sangareddy who
appeared personally in the Council Office on 8th July, 2014 :-
“(i) After my retirement from Government service, I joined as Principal at MNR Medical
College in the month of January, 2014 and since then I am discharging my duties as
Principal, MNR Medical College, Sangareddy.
(ii) Previous to me, Dr. Chandrakant Shiroli worked as the Principal for MNR Medical
College. Presently, Dr. Chandrakant Shiroli is working as Dean/Principal of Malla Reddy
Institute of Medical Sciences.
(iii) Due to acute Gastroenteritis I am not keeping well for quite some time.
(iv) On 21-06-2014, a letter dated 18-06-2014 issued from your good office was placed
before me by the office staff, whereunder it was mentioned that an assessment was
carried out by the MCI assessors at Malla Reddy Institute of Medical Sciences, Suraram,
Hyderabad and Dr. D. Aruna has presented herself as Senior Resident in Medicine,
where she produced a photocopy of Experience Certificate, dated 31-07-2008 which
was said to have been issued by the Principal, MNR Medical College to the effect that
Dr. D. Aruna had worked as Junior Resident in the department of General Medicine from
01-08-2005 to 31-07-2008. She also was said to have produced a copy of letter dated
01-08-2008 showing the same experience.
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In this regard, I was asked to confirm as to whether Dr. D. Aruna has worked at
MNR Medical College and if so to provide the details of her experience and also to
confirm whether both the Experience Certificates submitted by Dr. D. Aruna was issued
from your office.
(v) Dr. Chandrakant Shiroli (Ex-Principal of MNR Medical College & Presently Principal
of Mallareddy Institute of Medical Sciences, Suraram, Hyderabad came to my office on
21.06.2014 and produced the copies of the said experience letters of Dr. Aruna dated
31-07-2008 and 1-8-2008 and he stated that recently MCI assessment was held at their
college and the assessors questioned the authentication of the experience certificate of
Dr. D. Aruna. Since I am the present Principal he wanted me to clarify and attest the said
certificate. He also enquired as to whether we received any letter from Medical Council
of India regarding the said issue. I informed him that a letter was issued by the MCI and I
instructed the staff for verification of the details from old records. For the Dr.
Chandrakant Shiroli informed me that he was aware of Dr. D. Aruna and he himself
issued those two letters during his tenure as Principal of MNR Medical College and
asked me to endorse on the Experience Letter and there is no necessity for verification
of old records. Since he was the then Principal of MNR Medical College, who issued
those Experience Letters, believing his words, I endorsed on the copy of the experience
letters produced by him. Since I am not keeping well, Dr. Chandrakant Shiroli prepared
the reply to the letter dated 18-06-2014 issued from your good office, confirming the said
experience letters of Dr. D. Aruna which are said to have issued by him only. Since Dr.
Chandrakant Shiroli is the person who issued the Experience Letters of Dr. D. Aruna,
confirmed the issuance of the said letters, believing him, I signed the clarification letter
dated 21-06-2014 to your letter dated 18-06-2014 without verifying the official service
records of Dr. Aruna.
(viii) In view of my health condition, I was on leave from 3-7-2014 to 7-07-2014, since I
applied for leave for the said period the Incharge Principal communicated a letter dated
3-7-2014 under reference 5th cited, to your good office informing the fact of my non-
availability and thereafter an E-mail dated 4/7/2014 was received from your good office
under reference 6th cited, calling me to come to the Council office personally on 8/7/2014
along with the documents of Dr. D. Aruna.
(ix) After receiving the letter dated 2/7/2014 under reference 4th cited, since I was on
leave, I was informed by my office staff on 3/7/2014 regarding the request for personal
appearances and also production of records of Dr. D. Aruna by your good office.
Immediately I informed the In-charge Principal to inform the fact of my non-availability to
your good office and to verify the original service records during the period 2005-2008
and identify the service particulars of Dr. D. Aruna.
(x) Surprisingly, it came to my notice that Dr. D. Aruna never worked at MNR Medical
College at any point of time particularly from 1/8/2005 to 31/7/2008. On verification of the
entire records, we realized that Dr. D. Aruna never worked at MNR Medical College and
Dr. Chandrakant Shiroli for the reasons best known to him issued Experience Certificate
dated 31/7/2008 and the subsequent letter dated 1/8/2008 as if Dr. D. Aruna worked at
MNR Medical College as Jr. Resident in the department of General Medicine. Dr.
Chandrakant Shiroli without the knowledge of the management of MNR Medical College
seems to have issued those certificates by misusing the letter head folios and rubber
stamp of the college and his position as Principal. He also mislead me and made me to
believe that Dr. D. Aruna worked as Jr. Resident at MNR Medical College during
1/8/2005 to 31/7/2008 and obtained Endorsement on the experience certificate and also
made me to send confirmation to your good office. Since Dr. Chandrakant Shiroli was
the Principal of MNR Medical College before me and in view of my health condition at
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that time, innocently believing his words I made the endorsement and correspondence
as if Dr. D. Aruna worked at MNR Medical College previously as Junior Resident without
even verifying the service records.
(xi) in view of the above, I hereby inform you that Dr. D. Aruna did not work as Junior
Resident in the Department of General Medicine at any point of time at MNR Medical
College and the experience certificate dated 31/7/2008 and the subsequent letter dated
1/8/2008 are the fabricated documents issued by Dr. Chandrakant Shiroli.
(xii) the inconvenience caused from my side is only because of believing the words of
Dr. Chandrakant Shiroli innocently. I apologize for issuing letter to you based on Dr.
Chandrakant Shiroli statements and without verifying the records properly.”
In view of the statement of Dr. B. Srinivasa Rao, the Executive Committee of the
Council decided to refer the matter to the Ethics Committee of the Council for taking
necessary action against the Principal, Dr. B. Srinivasa Rao, MNR Medical College &
Hospital, Sangareddy, the Ex-Principal of MNR Medical College & presently Principal of
Mallareddy Instt. Of Medical Sciences, Hyderabad Dr. Chandrakant Shiroli and Dr. D.
Aruna.
Note: The Executive Committee of the Council decided that all the decisions taken by
the Ethics Committee with regard to cancellation of license of erring medical
practitioners should also be published in local newspapers of the State where the
medical practitioner is registered apart from National newspaper.
Read: the matter with regard to requests for upgradation of Regional Centre as
Nodal Centre.
The Executive Committee of the Council noted that the Academic Cell has
received request from Principal, Andhra Medical College, Visakhapatnam for
upgradation of the Regional Centre as a Nodal Centre to conduct the Advance Course
in Medical Education.
The Committee further noted that the Expert Group to prepare Guidelines for
launching Advance Course by Nodal Centres in Medical Education Technology held on
29th January, 2014 had laid down the following minimal requirements and Criteria for
Resource faculty to conduct Advanced Course:
Each Nodal centre should have at least 5 faculty who fit into one of the
following criteria:
Degree in medical education
Diploma in medical education
FAIMER (Foundation for Advancement of International Medical Education
and Research) Fellowship
Advanced course in medical education (project based longitudinal course)
Five original or review papers on medical education in indexed peer
reviewed journals
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During the initial transitory period of 3 years the deficient requirement of not more
than 20% could be met with by the faculty fulfilling the following criteria:
An education lead who has developed and implemented a national or state level
educational programme
At each contact session of the Nodal Centre, MCI will depute a National
Consultant.
The request submitted by the Principal, Andhra Medical College, Visakhapatnam
was examined on the basis of the above criteria for Resource faculty laid down by MCI.
The comments are as under:
Andhra Medical College, Visakhapatnam
The Institute is an MCI Regional Centre in MET since February 2013 and has
trained, until May 2014, ~ 130 medical college teachers
Convener of the Regional Centre, one Resource faculty of the Regional Centre
and one more faculty (not associated with the Regional Centre) have undergone
NTTC JIPMER training in 1995 /1998.
The RC proposes to seek help of 03 FAIMER fellows in neighbouring colleges to
run the Advance Course, if approved.
Read: the matter with regard to minutes of the Academic Committee meeting
held on 13th May, 2014.
The Executive Committee of the Council approved the minutes of the Academic
Committee meeting held on 13th May, 2014 except item no.13 which is as under:
Item No.13: Letter from Dr. K.S. Sriprakash, Vice-Chancellor, Rajiv Gandhi University
of Health Sciences, Karnataka on the inclusion of the subject considering all E-
Journals and E-Books on par with hard copies of print journals and print books.
The Executive Committee noted that the Regulations are pan India and
broadband availability at high speed for efficient downloads quickly is not available at all
places where medical colleges are located. Even in Metropolitan cities, uninterrupted
internet facility at high speed is not uniformly available. This leads to very slow
downloading speed, particularly in the cases of where multiple multicolour diagrams and
charts. Frequently, the process has to be abandoned. Even the downloaded file is not
complete. Another major hurdle in accepting e Books and eJournals is non availability of
full text versions. It is for these reasons that eBooks and eJournals cannot be a
substitute for print copies although the number of print copies may be reduced. The
Executive Committee decided that the Academic Committee may relook at this item in
view of these observations.
Read: the matter with regard to minutes of the Registration & Equivalence
Committee meeting held on 24th June, 2014.
Read: the matter with regard to regarding to Eligibility Certificate of Sh. Ankit
Chaturvedi.
19. In view of the aforesaid discussion, considering the fact that the appellant is now 27
years old and has completed MBBS course and further in view of the fact that in some
cases the Board of Governors of Medical Council of India has granted exemption to the
applicants for grant of eligibility certificate when they had taken admission at the age of
less than 17 years, we dispose of the Special Appeal with directions to the Board of
Governors of the Medical Council of India, to reconsider the application of the petititoner
appellant for grant of eligibility certificate to allow him to appear in the screening test for
registration as medical practitioner in India.
20. The required consideration will be made by the Board of Governors of the
Medical Council of India, preferably within a period of three months.
The Executive Committee of the Council also took note of the decision of the
erstwhile Board of Governors in supersession of Medical Council of India dated
27.09.2012 whereby the Board had permitted grant of provisional registration on the
basis of Eligibility Certificate issued to them. The decision noted that such certificate
had been issued to these candidates erroneously by the Council and they had not
completed the age of 17 at the time of joining the course.
The Executive Committee noted that the Hon’ble Supreme Court in its judgment
dated 12.09.2013 in Manohar Lal Sharma Vs. MCI & Ors (WP © No. 590 of 2013) has
held as under:
17…. The requirements are statutorily prescribed and, therefore, the Board of Governors
has no power to dilute the statutory requirements in the above mentioned Regulations.
The above observations of the Hon’ble Supreme Court were made in context of
Regulations enacted by the Council with prior approval of the Central Government
under section 33 of the Indian Medical Council Act,1956. The Eligibility Requirement for
taking admission in an Undergraduate Medical Course in a Foreign Medical Institution
Regulations, 2002 has been enacted by the Council under section 33 of the Act.
Clause 8 of the Eligibility Regulations prescribes as under:-
8. The Council shall consider the application for Eligibility Certificate and verify
the following details as per Regulations of the Council –
(i) Whether the candidate fulfills the age criterion prescribed by the Council?
The Graduate Medical Education Regulations, 1997 lays down that the applicant
seeking admission in MBBS course must be 17 years of age on 31st of December in the
year in which he is taking admission. The apex court has also held that MCI
Regulations are that the Medical Council Regulations have a statutory force and are
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mandatory. Hence, as the custodian of the Regulations, the Council authorities are duty
bound to implement the provisions of the Regulations and no derogation from the
requirement of Regulations is permissible.
The Executive Committee of the Council after due deliberations and being
conscious of the fact that the applicant has completed MBBS from foreign Medical
Institute in view of the statutory requirements and judgment of the Hon’ble Supreme
Court in Manohar Lal Sharma’s case that does not permit the Council authorities to
relax the requirement of Regulations decided that a regret letter be expeditiously issued
referring to the aforesaid reasons to the applicant.
The Executive Committee of the Council noted that an intranet software was
developed to enter the details about the students admitted for MBBS and PG courses
in various Medical Colleges/Institutions in order to monitor on the various parameters
like excess admission, excess admission under various quota, admission of in-eligible
students etc. But the same could not be monitored properly due to non-receipt of
information from all Colleges/Institutions in a standard format.
The Committee further noted that online facility may be provided to all the
Medical Colleges/Institutions in order to capture the details of the students admitted for
MBBS and PG courses for the year 2014-15 onwards. Separate login-id shall be
provided to each Medical Colleges/Institutions. A cutoff date would be 5th October of
each year for MBBS courses and 5th June of each year in cases of Postgraduate
courses beyond which the Colleges/Institutions will not be allowed to enter the details of
the students into Students Entry System for that academic year. Non receipt of this
information within stipulated time will reflect on the permission of the
Colleges/Institutions.
The Executive Committee of the Council approved the proposal prepared by the
office with the following modification/addition on the entry screen data:
For PG courses:
“Point no. 5 should be read as “Sex: M/F”
Point No. 9 (a) Stipend Paid by the Institute:
(b) Stipend Paid by Govt. Institutes
The Committee further decided that this decision should be communicated to all
medical colleges/institutions by 15.09.2014 by the respective sections and that a
dummy run of the programme may be undertaken for few colleges before complete
implementation.
11. Order dated 20.06.14 in Case No. 1/1032/13-14 – Guru Dayal Kumar Sinha
Vs. The Chairman, Medical Council of India by the Hon’ble Court of Chief
Commissioner for Personal with Disabilities - Reg.
Read: the matter with regard to regarding to Order dated 20.06.14 in Case No.
1/1032/13-14 – Guru Dayal Kumar Sinha Vs. The Chairman, Medical Council of India by
the Hon’ble Court of Chief Commissioner for Personal with Disabilities.
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The Executive Committee of the Council deliberated upon the matter at length
and decided to constitute a Sub-Committee consisting of the following experts in the
field of ENT, Ophthalmology, Orthopaedics and Locomotor Specialist to go through the
order dated 20.06.14 in case No. 1/1032/13-14 – Guru Dayal Kumar Sinha Vs. The
Chairman, Medical Council of India by the Hon’ble Court of Chief Commissioner for
Personal with Disabilities alongwith the provisions relating to reservation of disabled
persons contained in Graduate and Postgraduate Medical Education Regulations :-
The Executive Committee of the Council deferred the consideration of the matter
for the next meeting and directed the office to prepare comparative chart of the issues
raised by the Members and consideration of the Sub-Committee thereof.
13. Status note of RFID System and Faculty Identification, Tracking and
Monitoring System.
Read: the matter with regard to status note of RFID System and Faculty
Identification, Tracking and Monitoring System.
To be read with item no.14
14. Award dated 27.06.14 by Shri H.P. Sharma, Sole Arbitrator in the Matter of
M/s. Rasilent Technologies Private Ltd. Vs. Medical Council of India –
Arbitration Petition No. 75/2011.
Read: the matter with regard to award dated 27.06.14 by Shri H.P. Sharma, Sole
Arbitrator in the Matter of M/s. Rasilent Technologies Private Ltd. Vs. Medical Council of
India – Arbitration Petition No. 75/2011.
The Executive Committee of the Council perused the order dated 27.06.2014 of
the Learned Arbitrator Mr. H.P. Sharma, Retired ADJ and decided to pay the amount to
M/s. Rasilent Technologies Private Ltd. as per the award of the Sole Arbitrator
appointed by Hon’ble High Court. The Committee further decided to constitute a Sub-
Committee of the following members and to call M/s. Rasilent Technologies Private Ltd
to discuss the process of re-implementation of RFID System and Faculty Identification,
Tracking and Monitoring System:-
1. Dr. Ved Prakash Mishra, Chairman
2. Dr. Ramesh Reddy-Member
3. Dr. D.J. Borah-Member
The Committee further noted that in the report of the Committee dated 7 th July,
2014 formed for review of the RFID system, it has been mentioned that “proceedings
have been concluded and the order of the Ld. Arbitrator is awaited” where the Ld.
Arbitrator had already passed the award on 27.06.2014 and decided to seek an
explanation from the Committee as to why these facts have not been taken into account
while preparing the report.
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15. Approval of the Minutes of the Registration & Equivalence Committee held
on 09th May 2014.
Read: the matter with regard to approval of the Minutes of the Registration &
Equivalence Committee held on 09th May 2014.
16. Minutes of the Ethics Committee meeting held on 22nd & 23rd May, 2014,
for approval.
Read: the matter with regard to minutes of the Ethics Committee meeting held on
22nd & 23rd May, 2014, for approval.
The Executive Committee of the Council approved the minutes of the Ethics
Committee meeting held on 22nd & 23rd May, 2014 except item nos. 28 & 29 which are
referred back to Ethics Committee for review and appropriate decision.
The Executive Committee of the Council perused the proposal extending the CGHS
facilities to the retired employees of such Statutory/Autonomous bodies whose serving
employees are already covered under CGHS, subject to the following conditions:-
Further, the office of Additional Director (HQ), Central Govt. Health Scheme vide
their O.M. No. F.No. 7-1/2013-CGHS/C &P/part/3409 dt. 09/07/2014 has also informed
that in compliance to order dated 10/06/2014 issued by Ministry of Health & F.W, Govt.
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of India, Directorate has agreed to provide the CGHS facilities to the pensioners/family
pensioners and retired employees of the Statutory/Autonomous bodies on cost to cost
basis, who’s serving counterparts are already covered by CGHS medical facilities.
They will be entitled to OPD facilities and medicines from CGHS Wellness Centres in
Delhi/NCR only.
In view of above, the Executive Committee of the Council decided to accept the
proposal of the Ministry of Health & Family Welfare, New Delhi.
The Executive Committee of the Council noted that the period of extension of Dr.
Srikanta Barik has been expired on 26.07.2014 and at present the work of assessment
is at peak and no one else can be posted in Assessment Cell being the confidential
work, the President, MCI has approved the extension of Dr. Srikanta Barik as
Consultant for a period of three months w.e.f. 27.07.2014.
In view of above, the Executive Committee of the Council ratified the decision of
the President for extension of service of Dr. Srikanta Barik for a further period of three
months w.e.f. 27.07.2014, on the existing terms and conditions.
21. Financial upgradation of the officials of the Council under MACP Scheme.
Read: the matter with regard to financial upgradation of the officials of the
Council under MACP Scheme.
The Executive Committee of the Council deliberated upon the matter with regard
to modification/improvisation in the Assessment System for undergraduate course and
decided to constitute a Sub-Committee of the following members to review the
observations made by the members of the Executive Committee on the assessment
process and their recommendations thereon as well as SAF and directed the Sub-
Committee to submit its report within 30 days for the consideration of the Executive
Committee:-
Read: the matter with regard to regarding specifying the type of acceptable leave
during inspection of medical colleges.
The Executive Committee of the Council considered the report of the Sub-
Committee dt. 17.04.2014 as constituted by the Executive Committee at its meeting
held on 14th March, 2014 and decided to accept the report with the following
amendments:-
(1) The faculty who is on leave due to following reasons would be accepted:
(a) For attending International / National conferences organized by the
respective International / National Associations or Societies;
(b) For attending any work assigned by Medical Council of India, either at
headquarters or for assessment of a medical college;
(c) For conducting examination of the concerned subject in a medical college
in a Central / State University;
(d) For attending Courts.
(2) The faculty who is on sanctioned Maternity leave would be accepted provided the
appropriate leave sanction order issued by the sanctioning authority and countersigned
by the Dean is furnished with all necessary certificates.
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25. Change of affiliating University in respect of Kalinga Institute of Medical
Sciences, Bhubaneswar from Utkal to KIIT University, Bhubaneswar,
Odisha.
Read: the matter with regard to change of affiliating University in respect of
Kalinga Institute of Medical Sciences, Bhubaneswar from Utkal to KIIT University,
Bhubaneswar, Odisha.
The Executive Committee of the Council considered the letter dated 8/07/2014
from the Central Govt., Ministry of Health & F.W. forwarding therewith request received
from the Registrar, KIIT University, Bhubaneswar, Odisha for change of University in
respect of Kalinga Institute of Medical Sciences, Bhubaneswar from Utkal University to
KIIT University, Bhubaneswar, Odisha and observed that the Executive Committee at its
meeting held on June 1988 had decided as under:-
“No inspection is required where there is change of name and change of affiliation of the
University or the college whose medical qualifications are already recognized and
included in the I schedule to the IMC Act, 1956 unless the Executive Committee
decided otherwise”.
The Executive Committee of the Council further noted that the MBBS degree in
respect of Kalinga Institute of Medical Sciences, Bhubaneswar under Utkal University is
recognized when granted on or after August 2012.
In view of above, it was decided that the college may be advised to apply to the
Central Government when the first batch admitted under KIIT University, Bhubaneswar,
Odisha appears for the III M.B.B.S. Part II examination for recognition u/s 11 (2) of IMC
Act, 1956.
26. Non-receipt of the list of I year MBBS students for the academic year 2013-
14 from various medical colleges.
Read: the matter with regard to non-receipt of the list of 1st year MBBS students
for the academic year 2013-14 from various medical colleges.
The Executive Committee of the Council noted that the following medical
colleges have not submitted the required list in spite of repeated reminders: -
The Committee further noted that the Council has received a letter dated
07.07.2014 from the Dean/Principal, Rohilkhand Medical College & Hospital, Bareilly
stating that the matter regarding admission of students against increase of seats from
100 to 150 for academic year 2013-14 is subjudice in the Hon’ble Supreme Court of
India vide curative petition D. No. 18148 of 2014. The Office of the Council vide its
letter dated 06.08.2014 once again requested to the college authorities of Rohilkhand
Medical College & Hospital, Bareilly to furnish the desired information on prescribed
format within 07 days from the date of dispatch of this letter/or produce a stay order
granted by the Hon’ble Supreme Court in their favour but the reply is still awaited.
Read: the matter with regard to minutes of the Academic Committee meeting
held on 10th July, 2014-approval of.
The Executive Committee of the Council approved the minutes dated 10th July,
2014 as well as the proposal of the Academic Committee to get the copy right of the
competency based UG curriculum of the Academic Committee.
Read: the matter with regard to change of name of Cochin Medical College to
Govt. Medical College, Ernakulam.
The Executive Committee of the Council considered the letter dated 24/5/2014
from the Deputy Secretary, Govt. of Kerala, Health & F.W. Department,
Thiruvananthapuram enclosing therewith the Govt. orders
No.G.O.(MS)488/2013/H&FWD dated 17/12/2013 whereby the Cochin Medical College
has been brought under the control of Director of Medical Education and further as per
the order G.O. (Rt) No.345/14/H&FWD dated 30/1/2014 renamed Cochin Medical
College as Govt. Medical College, Ernakulam and observed that the Executive
Committee at its meeting held in June 1988 had decided as under:-
“No inspection is required where there is change of name and change of affiliation of the
University or the college whose medical qualifications are already recognized and
included in the I schedule to the IMC Act, 1956 unless the Executive Committee
decided otherwise”.
The Executive Committee of the Council further noted that Cochin Medical
College, Kochi is recognized medical college for the award of MBBS degree granted by
Kerala University of Health & Applied Sciences, Thrissur.
In view of above, the Executive Committee of the Council decided to approve the
request of the Deputy Secretary, Govt. of Kerala, Health & F.W. Department,
Thiruvananthapuram with regard to the change of name of Cochin Medical College as
Govt. Medical College, Ernakulam.
The Committee further decided to place the matter before the General Body of
the Council.
29. Minutes of the Migration Committee meeting held on 14th August, 2014-
approval of.
Read: the matter with regard to minutes of the Migration Committee meeting held
th
on 14 August, 2014-approval of.
The Executive Committee of the Council approved the minutes of the Migration
Committee meeting held on 14th August, 2014.
The Executive Committee of the Council noted the contents of an email received
from International Association of Medical Regulatory Authorities (IAMRA) requesting Dr.
Jayshree Mehta, President, MCI to attend the 11th conference on Medical Regulation
from 9-12 September, 2014 at London to be hosted by UK General Medical Council.
The Executive Committee of the Council ratified the action taken by the President, MCI.
Read: the matter with regard to change of name of Chhatrapati Shahuji Maharaj
Medical University, Uttar Pradesh to King George’s Medical University, Uttar Pradesh.
The Executive Committee of the Council considered the letter dated 19/7/2014 &
20/7/2014 from King George’s Medical University, Uttar Pradesh informing therein that
the name of their institution has been changed from Chhatrapati Shahuji Maharaj
Medical University, Uttar Pradesh to King George’s Medical University, Uttar Pradesh
vide Gazette Notification NO.575(2)/79-V-1-12-2(ka)3/2012 dated 8th August, 2012 of
the Govt. of Uttar Pradesh and observed that the Executive Committee at its meeting
held in June 1988 had decided as under:-
“No inspection is required where there is change of name and change of affiliation of the
University or the college whose medical qualifications are already recognized and
included in the I schedule to the IMC Act, 1956 unless the Executive Committee
decided otherwise”.
In view of above, the Executive Committee of the Council decided to approve the
request of the college authorities with regard to the change of name of Chhatrapati
Shahuji Maharaj Medical University to King George’s Medical University.
The Committee further decided to place the matter before the General Body of the
Council.
The Executive Committee of the Council considered the letter dated 15/7/2014
from the Central Govt. Ministry of Health & F.W. forwarding therewith a letter dated
6/6/2014 received from the Registrar, Swami Rama Himalayan University, Dehradun
with regard to change of affiliating University/Recognition & inclusion of MBBS degree in
the First Schedule of IMC Act granted by the Swami Rama Himalayan University,
Dehradun in respect of students admitted at Himalayan Institute of Medical Sciences,
Dehradun and observed that the Executive Committee at its meeting held in June 1988
had decided as under:-
“No inspection is required where there is change of name and change of affiliation of the
University or the college whose medical qualifications are already recognized and
included in the I schedule to the IMC Act, 1956 unless the Executive Committee
decided otherwise”.
The Executive Committee of the Council further noted that that pursuant to the
orders of Hon’ble Supreme Court of India passed on 12/11/2013 in I.A. No.67 of 2013 in
Writ Petition (Civil) No.142 of 2006 (Viplav Sharma Vs Union of India & Ors.) and also
passed on 27/11/2013 in I.A. No.01 of 2013 in Writ Petition No.81 of 2012 (HIHT
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Univesity Vs. Union of India & Ors.) the HIHT University has ceased to function from
31st May, 2014 and from 1st June, 2014 the Himalayan Institute of Medical Sciences has
become one of the constituent colleges of “Swami Rama Himalayan University,
Dehradun” a University enacted by Uttarakhand Act No.12 of 2013 (copy of orders
enclosed as annexure - III). Based on the orders of the Hon’ble Supreme Court of
India dated 12th Nov., 2013 and 27th November, 2013 and the consensus arrived
between HIHT University and Swami Rama Himalayan University from 1st June, 2014
all the students enrolled with HIHT University were transferred to Swami Rama
Himalayan University.
The Executive Committee of the Council further noted that the Registrar, Swami
Rama Himalayan University, Dehradun under Sub-Section (2) of Section 11 of the IMC
Act, 1956 has applied for recognition and inclusion of MBBS degree when granted by
Swami Rama Himalayan University, Dehradun on or after June, 2014 in respect of
students admitted at Himalayan Instt. Of Medical Sciences.
In view of above, it was decided that the college may be advised to apply to the
Central Government when the first batch admitted under Swami Rama Himalayan
University, Dehradun appears for the III M.B.B.S. Part II examination for recognition u/s
11 (2) of IMC Act, 1956.
33. Minutes of the Ethics Committee meeting held on 12th June, 2014, 23rd
July, 2014, 25th July, 2014 and 31st July, 2014, for approval.
Read: the matter with regard to minutes of the Ethics Committee meeting held on
12th June, 2014, 23rd July, 2014, 25th July, 2014 and 31st July, 2014, for approval.
The Executive Committee of the Council approved the minutes of the Ethics
Committee meeting held on 12th June, 2014, 23rd July, 2014, 25th July, 2014 and 31st
July, 2014.
36. Annual Report of Medical Council of India for the academic year 2013-14.
Read: the matter with regard to Annual Report of Medical Council of India for the
academic year 2013-14.
18
The Executive Committee of the Council approved the Annual Report of Medical
Council of India for the academic year 2013-14.
37. Rama Medical College Hospital V/S Union of India and anr - Civil Appeal
No. 7117 of 2014 (Arising from SLP (C) No(s). 16207/2014) in the Hon'ble
Supreme Court – Reg.
Read: the matter with regard to Rama Medical College Hospital V/S Union of
India and anr - Civil Appeal No. 7117 of 2014 (Arising from SLP (C) No(s). 16207/2014)
in the Hon'ble Supreme Court.
The Executive Committee of the Council perused the Order of the Hon’ble
Supreme Court dated 01.08.2014 in the matter of Rama Medical College Hospital V/S
Union of India and Anr and directed the office to comply with the Order of the Hon’ble
Supreme Court.
38. Admission of 1st year MBBS students for the Academic year 2013-14-
Excess admission from the sanctioned intake – Regarding.
Read: the matter with regard to admission of 1st year MBBS students for the
Academic year 2013-14- Excess admission from the sanctioned intake.
The Executive Committee of the Council noted that the following medical
colleges/institutes have admitted students over and above the sanctioned intake as
indicated against each:-
The Executive Committee noted the opinion of the Law Officer of the Council
stating that the Govt. Medical colleges in the State of Tamil Nadu had admitted students
in excess of the admission capacity pursuant to the order dated 29.07.2013 of the
Hon’ble Supreme Court which reads as under:-
“Heard learned senior counsel on either side. Considering the facts and
circumstances of the case and also considering the fact that the petitioner is a
meritorious candidate, who has secured 198 out of 200 marks, we are inclined to
follow the procedure adopted by the Court for the last so many years. Reference is
made to the order dated 13.7.2010 passed by this Court in Writ Petition (C) No.471
of 1994 and connected cases.
We, therefore, direct the State of Tamil Nadu to follow the interim order dated 11th
November, 1994 passed by this Court as well as the order dated 13.7.2010 passed
by this Court in Writ Petition (C) No.471 of 1994 and connected cases for the current
year also. The same is made applicable to all candidates, who fall in that category.
The Law Officer of the Council further opined that the admissions so made by
the State of Tamill Nadu are on the directions of the Hon’ble Supreme Court
and order dated 29.07.2013 is based upon an interim order dated 11.11.1994
as well as the order dated 13.07.2010 in W.P (C) No. 471 of 994 and
connected cases and the same has been made applicable for the current year
also (2013-14) by the Hon’ble Supreme Court. As the order is of the Hon’ble
Supreme Court, these are required to be complied with by all concerned
including Medical Council of India. Hence, excess admission so made by the
Govt. of Tamil Nadu needs to be regularized as may have been done in the
previous years.”
Read: The matter with regard to consider the proposal for purchase of new car
for President, MCI.
The Executive Committee of the Council perused the matter in detail and
directed the office to place the proposal before the Finance Committee of the Council.
APPROVED