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Supreme Court Directs NMC To Frame Scheme For Foreign Medical Students Affected By Pandemic To Undergo Clinical Training In India
Supreme Court Directs NMC To Frame Scheme For Foreign Medical Students Affected By Pandemic To Undergo Clinical Training In India
29 April 2022 11:01 PM
The NMC has been directed to frame such a scheme within 2 months as a one time measure for foreign medical students who could not complete their clinical training.
Taking into account the plight of Indian medical students who could not complete the clinical training of their foreign MBBS course due to Covid-19 pandemic, the Supreme Court has issued certain directions to the National Medical Commission.
The Court directed the NMC to frame a scheme as a one time measure within two months to allow students who have not actually completed clinical training to undergo clinical training in India in the medical colleges which may be identified by the NMC for a limited duration as may be specified by it, on such charges which it determines.
The Court further said that it will be open to the NMC to test the candidates in the scheme so framed in the manner within next one month, which it considers appropriate as to satisfy that such students are sufficiently trained to be provisionally registered to complete internship for 12 months.
A bench comprising Justices Hemant Gupta and V Ramasubramanian was hearing an appeal filed by the National Medical Commission challenging a Madras High Court direction to allow provisional registration for a student who could not complete the clinical training of her MBBS course in China due to the COVID-19 pandemic.
Allowing the appeal, the Court held that the NMC is not bound to grant provisional registration to a student who has not completed the clinical training. The Court said the online clinical training cannot be a substitute for actual clinical training.
At the same time, the Court issued the above directions to the NMC to alleviate the concerns of Indian students who could not complete the clinical training of the foreign courses.
The Court observed that the services of these students should be used to augment the health infrastructure of the country. Hence, the NMC should allow them to complete actual clinical training at such institutes for such duration as it decides.
"..the fact remains that the students were permitted to undergo medical course abroad and that they have completed their curriculum according to the certificate granted by such Foreign Institute. Therefore, such national resource cannot be permitted to be wasted which will affect the life of young students, who had taken admission in the foreign Institutes as part of their career prospects. Therefore, the services of the students should be used to augment health infrastructure in the country. Thus, it would be necessary that the students undergo actual clinical training of such duration and at such institutes which are identified by the appellant(NMC)and on such terms and conditions, including the charges for imparting such training, as may be notified by the appellant(NMC)".
Senior Advocate Vikas Singh, appearing for the NMC, submitted that the pandemic and the Ukraine war has thrown up new challenges. The counsel said that the NMC will take a "holistic view" as to how to safeguard the interests of the Indian students by not compromising on the quality of medical education expected from them in India.
It may be noted that in the backdrop of the Russia-Ukraine conflict, several writ petitions have been filed in the Supreme Court seeking directions to allow Ukraine-returned medical students to complete their course in India. The Attorney General for India KK Venugopal told the Court on March 21 that the Central Government is looking into the issues relating to the education of Indian students evacuated from Ukraine.
Case details
National Medical Commission vs Pooja Thandu Naresh | 2022 LiveLaw (SC) 426 | CA 2950-2951 OF 2022 | 29 April 2022
Coram: Justices Hemant Gupta and V. Ramasubramanian
Counsel: Sr. Adv Vikas Singh for appellant, Sr. Adv S. Nagamuthu for respondent
Friday, April 29, 2022
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COURT NEWS
Employment Obtained Through Fake Caste Certificate Is 'Void Ab Initio': Madras High Court Orders Compulsory Retirement
29 April 2022 12:46 PM
The Madras High Court on Thursday ordered compulsory retirement of an employee of Indira Gandhi Centre for Atomic Research who had gained employment by submitting a fake SC community certificate.
The court also directed that the employee shall be eligible for only 40% of the pension benefits and not eligible for any other terminal benefits, such as gratuity, DCRG and the like, excluding the PF contribution, if any made by the employee.
The Division bench of Justice S. Vaidyanathan and Justice Mohammed Shaffiq also observed that though the employee was appointed only under the Open Category and further promotions were based on the merit, the initial appointment itself was void ab initio when it was based on a fake certificate produced by the employee concealing certain facts.
Background
In 1986, the Baba Atomic Research Centre (BARC) called applications for In-Plant training. The prescribed age limit for application was between 18 and 20 years of age with an upper age relaxation of 5 years for persons belonging to SC/ST community.
The first respondent who belonged to a Backward Community and was 24 year old at that time claimed reservation under SC community and submitted a fake community certificate.
Upon completion of training, the first respondent was appointed as Tradesman/C in BARC, Mumbai. Thereafter he was promoted to the post of Tradesman/D and was transferred on his own request to Indira Gandhi Centre for Atomic Research Centre, Kalpakkam.
While so, upon complaint by the General Secretary, SC/ST Association of Department of Atomic Energy an FIR was registered under Sections 420, 468, 471 of IPC on the charge of gaining Government Employment by submitting fake certificate and the first respondent was arrested and was placed under deemed suspension.
On verification, the District Vigilance Committee (Community Certificate Verification) found that the respondent actually belonged to Hindu Thuluva Vellalar which was listed as a Backward Community (BC). A charge memo was issued to which the respondent replied.
Subsequently, a representation was submitted by the 1st respondent dated 31.05.2013 by seeking to defer the departmental action till the final disposal of Criminal Case which was rejected by the petitioner herein. This rejection was challenged in the Central Administrative Tribunal which held that the disciplinary proceedings ought to be got in abeyance until a finality is reached in the criminal proceedings. The present writ petition was filed challenging this order.
Pleadings Before Court
The petitioner submitted that the disciplinary proceedings and criminal proceedings can be proceeded simultaneously. Reliance was placed on the decision of the Supreme Court in Noida Entrepreneurs Association vs. Noida and others (2007) , M. Paul Anthony v. Bharat Gold Mines Ltd., (1999) and Addl. GM-Human Resource, Bharat Heavy ElectricalsLtd. vs. Suresh Ramkrishna Burde (2007) wherein it was observed that departmental proceedings can be continued.
The petitioner further submitted that the tribunal failed to consider the decision of Supreme Court in State of Odisha vs. Sulekh Chandra (2022) where it was clearly held that appointment made in contravention of the statutory proceedings are void ab initio.
Court Observations
The court observed that there was a delay on the part of the department as the order of the Tribunal was challenged after a period of 7 years. However, the respondent could not be allowed to take the benefit of such technicality. The court observed -
"The mistake committed by the Department cannot be taken advantage of by the Applicant and he cannot be let off scot-free on technicalities, as moral value will have to prevail over legal values and it is adjudged based on moral values, as held by the Supreme Court that it must be remembered that we are living in a democratic society governed by the Rule of Law and every Government, which claims to be inspired by ethical or moral values must do what is fair and just, regardless of legal technicalities. Further, in the absence of society with moral values, there would be no social order."
The court also observed that both departmental proceedings and criminal proceedings can go on simultaneously as the employer can proceed with departmental proceedings if the Criminal Proceedings are not initiated or concluded within one year from the date of FIR. The court observed that in criminal proceedings, the matter has to be proved beyond doubt while in departmental proceedings charges can be established based on preponderance of probabilities.
The court further observed that the initial appointment of the respondent is itself void ab initio as he could not have even applied for employment if not for the relaxation of 5 years that he sought through the SC Certificate.
Case Title: Indira Gandhi Centre for Atomic Research v. D Ganeshlan and Another
Case No: W.P No. 54 of 2020
Citation: 2022 Livelaw (Mad) 184
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VACCINATION
NRIs and Sputnik beneficiaries unable to get boosters now
Neha Madaan TNN
Pune : Thousands of NRIs, who took Covid vaccines other than Covishield or Covaxin and are back in India, now face a unique problem: they are unable to get boosters. Even those who took the AstraZeneca vaccine, which is Covishield in India, are in a fix because their details are not on CoWin.
Sumit Sachdeva, a working professional from Mumbai, said: “My mother was in Australia last year where she got two doses of the AstraZeneca vaccine. She later returned to India and is now due for her precaution dose. But when we visited a hospital, we were told she can’t get one because there’s no way to register on CoWin the doses she took in Australia. ”
Many NRIs had taken vaccines such as Pfizer abroad. Scores of them had also moved back to India. But they’re unable to get boost- ers as the government only allowed homologous doses.
Asenior official from the health ministry said it would not be possible to import foreign vaccines for a set of beneficiaries. The official, however, added: “The ministry has been getting queries from beneficiaries on this issue. And the matter may be discussed soon by officials. ”
Those who took Sputnik are also having trouble getting boosters. There has been no update from the health ministry on Sputnik Vprecaution doses.
BANK NEWS
SBI denies farmer no-dues cert over 31 paise; HC livid
Ahmedabad : The Gujarat high court rapped State Bank of India (SBI) on Wednesday for withholding a farmer’s no-dues certificate over an outstanding amount of 31 paise. The farmer needed the certificate to complete a land deal after repaying a loan. The bank told the court that the bank’s charge from the land parcel has not been removed because the farmer still owed 31 paise after repayment of the loan. Justice Bhargav Karia said: “This is too much,” adding that not issuing a no-dues certificate for such a meagre amount is “nothing but harassment”.
“Outstanding of 31 paise? Do you know anything less than 50 paise is to be ignored,” the judge said. A furious Justice Karia told the bank to file an affidavit on the issue and posted the hearing to May 2. In this case, Rakesh Verma and Manoj Verma had purchased a parcel of land in Khoraj village, on the outskirts of Ahmedabad, from Shamjibhai Pashabhai and his family.
Earlier, Pashabhai’s family had obtained a crop loan from SBI. Before the loan was repaid, Pashabhai’s family sold the land.
The outstanding amount made the bank place a charge on the land and the new owners’ names could not be entered into the revenue records. The purchasers offered to pay the amount to get the certificate.
As the matter did not progress, the purchasers approached the HC in 2020. During the pendency of the petition, the loan was repaid completely. But the bank still did not issue a no-dues certificate and the land could not be transferred. On Wednesday, the court said that once the loan has been paid, it will direct the bank to issue the certificate.
DENTISTRY
Few takers for dentistry, 243 seats vacant after 4th round
TIMES NEWS NETWORK
Ahmedabad : While all undergraduate seats in the medical, ayurveda and homeopathy courses have been filled in the current intake, it appears that there are few takers for dentistry.
After three online admission rounds, 289 dental seats remained vacant. To fill these, a fourth round was held on Wednesday for which 500 students were called. At the end of it, 243 seats were still vacant.
The Admission Committee for Professional Undergraduate Medical Educational Courses (ACPUGMEC) has handed these vacant se- ats back to the colleges who can now admit students on their own.
Last year, 445 dental seats had gone vacant at the end of the admissions process. Sources said this suggests that interest in dentistry is waning.
At the beginning of the fourth round of admissions, 1,086 seats were vacant: 418 dental seats, 234 in ayurveda and 434 in homeopathy. After including the seats for which students cancelled admissions, the number of empty seats rose to 1,244, for which 8,154 students provided their preferences.
The committee will now not allow students who have confirmed admissions in MBBS, ayurveda and homeopathy courses to cancel their admissions.
Wednesday, April 27, 2022
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