Saturday, January 17, 2015

Hyderabad HC rejects MCI's plea to amend PG Medical Education Regulation

Hyderabad HC rejects MCI's plea to amend PG Medical Education Regulation

A plea challenging the Medical Council of India (MCI)’s action to amend the Post Graduate Medical Education Regulations 2000 and deleting the MD (Biochemistry) discipline from the eligibility criteria for admission to the super-specialty Doctor of Medicine (DM) in Endocrinology course has been rejected by the Hyderabad High Court.

Upon hearing the case, a division bench comprising Justice Ramesh Ranganathan and Justice M Satyanarayana Murthy dismissed a petition filed by Dr P Harsha Vardhana and others, challenging the action of the MCI.

Earlier, the MCI had amended the Post Graduate Medical Regulation by a notification dated 17th April, in the year 2013. As per the new amendment, the MCI has deleted the MD (Biochemistry) course as eligible criteria for taking admission into further super-specialty DM course.

According to the petitioner, it is contended that deletion of MD (Biochemistry) would deny them the opportunity to undertake any super speciality course. It is viewed that the regulations were in place for more than 13 years and now the MCI has no reason to delete the course. “The MCI did not assign any reason for its deletion. This will deny us opportunity to take admission in to further DM super specialty courses,” opined a source.

As per the MCI submission to the court, the MD (Biochemistry) course was among the prescribed educational qualifications for admission into the super specialty courses of DM Clinical Hematology, Immunology and Medical Genetics. And it has deleted this course as it is not regarded as an eligible criterion for super specialty DM Endocrinology.

After examining views from both the petitioner and MCI, the bench held that the petitioners’ contention that the amendment to the regulations had resulted in their being denied an opportunity to undertake DM (Endocrinology) course by itself, would not justify striking down statutory regulations which are otherwise valid.

Further, the bench also observed that the MCI is central body and whatever rules lay down by it will have uniform standards for medical education across all the universities throughout the country.

Accordingly the HC has ruled that the petitioners and others some of whom are doing their post-graduation in biochemistry in Telangana and Andhra Pradesh cannot claim to hold a different stand.

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