NEWS TODAY 9.12.2024

 

Govt replies to plea against NRI quota in med colleges

Govt replies to plea against NRI quota in med colleges 

HC SEEKS RESPONSE TIMES NEWS NETWORK 10.12.2024 

Bhopal/Jabalpur : The state govt on Monday presented its reply in response to a petition filed in the MP high court challenging that all the seats under NRI quota in private medical colleges are restricted to only 8 branches of medical science, which remain high in demand. The bench comprising Justice Sanjeev Sachdeva and Justice Vinay Saraf, who are hearing the pe- tition, asked for distribution of copies of the reply to all the parties in the case while fixing the case for hearing on December 18. Dr Ojas Yadav of Bhopal in his petition said that NEET prepared a list of eligible NRI candidates for admission. The NRI quota in private medical colleges of the state is 15 percent. There are normally 22 branches of medical science in a medical college but the NRI quota is applicable to only 8 branches, which attract the maximum number of students. 

Appearing for the petitioner, advocate Alok Bagrecha said that more NRI seats in branches which have a high demand among students affect the prospects of meritorious students as the seats in those branches gets drastically reduced. There are 545 seats in the 8 branches in question, 152 of them reserved for NRI. In a medical college at Bhopal, there are 8 post graduate seats in surgery, 4 of them reserved for NRIs. No seat has been allotted to gene- ral and SC candidates. He contended that NRI quota seats should be evenly distributed among all the branches. The reservation policy being followed by the state government is illegal. In several top branches, 40 to 50% have been reserved for the NRI students. The court had asked the respondents in the case to file replies on the petition. 

After receiving a reply from the state govt, the court asked for circulation of its copies among all the litigants involved in the case while deferring hearing of the case to December 18.

Ayurvedic/AYUSH Doctors Can't Seek Parity With Medical Doctors : Supreme Court Reiterates

Ayurvedic/AYUSH Doctors Can't Seek Parity With Medical Doctors : Supreme Court Reiterates

Debby Jain

10 Dec 2024 12:47 AM

While dismissing a special leave petition, the Supreme Court recently reiterated that Ayurvedic/AYUSH doctors cannot seek parity with medical doctors. The order was passed noting the qualitative distinction between the academic qualifications and standard of imparting of the respective degree courses.

"we are satisfied on facts that the Ayurvedic or AYUSH doctors serving in the State of Kerala, having regard to the qualitative distinction in the academic qualifications and the standard of imparting respective degree courses, cannot seek parity with medical doctors", said a bench of Justices Surya Kant and Ujjal Bhuyan.

In making the aforesaid observations, the bench referred to the Court's earlier decision in State of Gujarat And Ors. v. Dr. P.A. Bhatt And Ors., where it was held that allopathy doctors and doctors of indigenous medicine cannot be said to be performing equal work so as to be entitled to equal pay.

Reference was also made to the decision in Central Council for Research in Ayurvedic Sciences and Another v. Bikartan Das and Others, where it was observed that an employee of CCRAS, ( Central Council for Research in Ayurvedic Sciences)

Ministry of AYUSH was not automatically entitled to demand parity in superannuation age with AYUSH doctors, just because he treated OPD and IPD patients.

Case Title: DR. SOLAMON A v. THE STATE OF KERALA, SLP(C) No. 3946/2023

Strict Liability On Railways To Compensate Kin Of Deceased Who Fell From Train After Mistakenly Travelling Beyond Destination: Karnataka HC

Strict Liability On Railways To Compensate Kin Of Deceased Who Fell From Train After Mistakenly Travelling Beyond Destination: Karnataka HC

Mustafa Plumber

10 Dec 2024 12:37 AM

The Karnataka High Court has upheld an order of the Railway Tribunal granting compensation to the claimants of a deceased passenger who had fallen from the train after mistakenly travelling beyond his destination station.

Justice H P Sandesh dismissed an appeal filed by South Western Railways, challenging the order dated December 28, 2010, granting compensation of Rs 4 lakh along with interest to A Mohan.

He said, "The deceased might have fallen while trying to get down and in that process he could have received injuries, which the fact is in line with the statement of witnesses and also the post mortem report. The fact that the deceased was travelling in the train is not in dispute, but only mistakenly he traveled beyond destiny and also the Apex Court in the Prabhakaran's case also held that principles of strict liability applies, the defendant has to pay damages for injury caused to the plaintiff, even though the defendant may not have been at any fault"

He added “Section 124(a) of the Railway's Act, casts a strict liability on the railway even if the deceased died due to his own fault and the railway is liable to pay compensation. Even travel beyond his destiny, the same cannot be ground to discard the claim of the claimants.”

On February 14, 2009 the deceased had purchased one journey ticket from Whitefield to Kuppam and boarded the train Mysore-Tirupati passenger.

Since, the train was heavily crowded and that when the train reached Kuppam railway station due to the incoming and outgoing passengers the deceased could not get down at Kuppram station but tried to reach the doorway and in the meantime due to sudden jerk and jolt of the train travelling between Kuppam and Mallanur railway station, he accidentally slipped and fallen down from the train, sustained serious injuries and died on the spot.

The railways raised a sole contention that the deceased is not a bonafide passenger and the deceased was holding a ticket to travel from Whitefield to Kuppam and his body was lying beyond Kuppam railway station and that itself shows that the deceased is not a bonafide passenger. Hence, the claimants are not entitled for any compensation.

The bench referred to Apex court judgment in the case of Union of India V/s Prabhakaran Vijayakumar and other (2008) wherein it was held that since the provisions for compensation in the railways act is a beneficial piece of legislation, it should receive a liberal and wider interpretation and not a narrow and technical one. The passenger who has traveled beyond his destination in such a situation would be covered within the definition of the passenger with a valid ticket.

The court observed, “With the advance of industrialization, the Laissez Faire Theory was gradually replaced by the theory of the Welfare State, and in legal parlance there was a corresponding shift from positivism to sociological jurisprudence and the Court has to take note of liberal approach and the same was taken note of by the Railway Tribunal.”

It said that in Prabhakaran Vijayakumar's case it was also held that even if a passenger travel's beyond his destiny, the same cannot be ground to discard the claim of the claimants. In view of the same the court found no error in the Tribunal's order in allowing the claim and granting compensation to the deceased's kin.

Accordingly it dismissed the appeal.

Appearance: Advocate H Shanthi Bhushan for Appellant.

Citation No: 2024 LiveLaw (Kar) 503

Case Title: UnIon of India AND A Mohan & ANR

Case No: MISCELLANEOUS FIRST APPEAL NO.2556/2011

Benefit Should Be Given To Candidate And Not Employer, If Advertisement Stipulates Vague Qualification Criteria: Madhya Pradesh High Court

Benefit Should Be Given To Candidate And Not Employer, If Advertisement Stipulates Vague Qualification Criteria: Madhya Pradesh High Court

Anukriti Mishra

1 Dec 2024 12:30 PM

The Madhya Pradesh High Court has held that if an advertisement gives vague and ambiguous meaning with a possibility of varying interpretations about the qualification criteria of a post, the benefit should always be given to the candidate and not the employer.

The single-judge bench of Justice Sanjay Dwivedi observed, “Any advertisement creating ambiguity in regard to the qualification and taking shelter of the same, denial of liberty to the candidate, in my opinion does not seem to be proper. It is expected from the authority to make the clause clear and if prescribed qualification in the advertisement gives vague and ambiguous meaning emanating varying interpretations about the qualification criteria, the benefit should always be given to the candidate but not to the employer.”

In the present case, the petitioner had challenged the action of the respondents as they were not allowing the petitioner to participate in the interview which was scheduled pursuant an advertisement.

The counsel for the petitioner submitted that as per the requirement of advertisement, a retired Assistant Engineer having 15 years of experience on the post of Assistant Engineer, out of which 10 years of field experience is the necessary requirement and the petitioner fulfils the said criteria but was not called for interview. The petitioner contended that respondents had wrongly interpreted the clause and denied the petitioner the chance to appear for the interview.

As per the submission made by counsel for respondents, an application was submitted by the petitioner giving details therein that he had worked as an Assistant Engineer for 11 years 9 months and 27 days which fulfils the requirement. However, as per the respondents' counsel, the said period was not the total period worked on the post of Assistant Engineer but it includes the period when the petitioner has performed the duties of Assistant Engineer not in a substantive capacity but holding the additional charge of that post. He further submitted that the petitioner at the time of retirement was performing the duties as Executive Engineer and therefore, as per the rider imposed in the condition, the petitioner was disqualified as not entitled to apply under the said clause because at the time of retirement, he was performing his duties as Executive Engineer.

In order to determine whether the petitioner was wrongly denied or he was to be called for interview, the Court interpreted the said clauses of the advertisment. From bare reading of Clause 1, the court found that the requirement is that the candidate should be retired Assistant Engineer with the Civil Degree. Further, Clause 2 indicated that the 15 years' experience of working as Assistant Engineer which does not mean that the candidate must have substantively held the post of Assistant Engineer.

The court observed, “This is not disputed as the petitioner worked as an Assistant Engineer for a period of 15 years, although, in the later period of his service, he worked as an Incharge Executive Engineer but that cannot be a ground to deny the claim of the petitioner because it was a higher qualification for the petitioner to hold the post of In-charge Executive Engineer because he was substantively promoted to the post of Assistant Engineer…The basic object of the clause can be interpreted that the requirement was of experience of 15 years as an Assistant Engineer and merely because petitioner being an Assistant Engineer performed his duties for some period as In-charge Executive Engineer, it cannot be a disqualification for the petitioner.”

The court then looked into the exclusion clause which indicates that “any candidate who has retired from the higher post than that of Assistant Engineer (कायुरत रर्हत र्हयु)”. However, the petitioner was never promoted to the post of Executive Engineer and this exclusion clause would not be applicable to him because he retired as an Assistant Engineer although he was In-charge Executive Engineer at the time of retirement. “There is a drastic difference in the first part of the qualification and the part of exclusion clause.”, the Court said.

Thus, the court inferred that the petitioner having an experience of Assistant Engineer for more than 15 years and retired from the post of Assistant Engineer but not from the post of Executive Engineer, was wrongly declared ineligible to participate in the interview. “His qualification of working on higher post of Executive Engineer cannot be treated to be a disqualification for him.”, the Court said.

The court further observed that the said advertisement lacked in “clarity, precision and is couched in a language which keeps the candidates guessing as to its true impact cannot be countenanced in law.”

Therefore, the court allowed the present petition directing the respondents to accept the application of the petitioner and arrange a fresh interview for him in which he may be called and thereafter final decision be taken for selecting him to the post.

Case Title: Birendra Singh Yadav Versus The State Of Madhya Pradesh And Others, Writ Petition No. 31629 OF 2024

Certificate Issued By Private University Based On Off-Campus Course Run By Its Franchisee Not Legally Valid: Madhya Pradesh High Court

Certificate Issued By Private University Based On Off-Campus Course Run By Its Franchisee Not Legally Valid: Madhya Pradesh High Court

Anukriti Mishra

5 Dec 2024 5:50 PM

The Madhya Pradesh High Court while dismissing a petition relating to recruitment for post of accountant held that any certificate issued by a private university on the basis of an off-campus course run by its franchisee cannot be said to be legally valid.

A single-judge bench of Justice Gurpal Singh Ahluwalia observed, “…since the Maharshi Mahesh Yogi Vedic Vishwavidyalaya, Madhya Pradesh was not entitled to run off-campus course through franchisee, therefore, any certificate issued by Maharshi Mahesh Yogi Vedic Vishwavidyalaya, Madhya Pradesh on the basis of off-campus course run by its franchisee cannot have any legal sanctity. Under these circumstances, this Court is of considered opinion that the Rajya Shiksha Kendra did not commit any mistake by declaring petitioners No.1 to 3 as disqualified for the post of Accountant.”

As per the factual matrix of the case, the petitioners had applied for post of Accountant through recruitment examination conducted by Professional Examination Board. However, the petitioners were declared disqualified through an order passed by the Commissioner, Rajya Shiksha Kendra, Bhopal. Thereafter, the present petition under Article 226 of the Constitution was preferred.

The minimum qualification of the said exam was: (i) Graduation Degree in Commerce with minimum 50% of marks; (ii) Diploma in Computer awarded by any University/Open University recognized by UGC or D.E.O.A.C.A. level of diploma or certificate regarding Modern Office Management issued by Govt. Polytechnic College.

The counsel for petitioners submitted that they had obtained Post Graduate Diploma in Computer Application (PGDCA) Course from Maharshi Mahesh Yogi Vedic Vishwavidyalaya, Madhya Pradesh and thus they are qualified for the post of Accountant. They were declared selected and were posted in District Morena in Block Sabalgarh, Porsa and Ambah. It was argued that petitioner No.1 was declared disqualified for having obtained PGDCA diploma from private college, by doing off campus course whereas petitioners No.2 and 3 were declared disqualified for having DCA Diploma from a private college by doing off campus course.

It was further submitted that since Maharshi Mahesh Yogi Vedic Vishwavidyalaya, Madhya Pradesh, is a recognized university having its territorial jurisdiction over entire State of M.P., therefore, rejection of PGDCA diploma course obtained from a franchisee of Maharshi Mahesh Yogi Vedic Vishwavidyalaya, Madhya Pradesh is bad in law.

On the contrary, the counsel for the respondents referring to a circular dated 09.08.2014 issued by University Grants Commission (UGC), submitted that no University whether Central, State, private or deemed, can offer its programmes through franchisee arrangement with private coaching institutions even for the purpose of conducting courses through distant mode. It was further submitted that the petitioners have obtained PGDCA/DCA courses by pursuing their studies in MY-0109: II TECH Institute, Gwalior, which is an off campus course run by franchisee of Maharshi Mahesh Yogi Vedic Vishwavidyalaya, Madhya Pradesh, therefore, it is not a recognized one.

The issue before the court was “whether private universities can run off campus courses through franchisees or not?”. To address the issue, the court referred to the UGC circular dated 09.08.2014 filed by respondents.

The court observed, “It is clear that adequate advertisement was given by UGC to all the persons who wanted to prosecute their PGDCA/DCA courses by informing them well in advance that any off-campus course done from a franchisee is not a recognized one.”

Thus, the court concluded that Maharshi Mahesh Yogi Vedic Vishwavidyalaya, Madhya Pradesh was not entitled to run off-campus course through franchisee, therefore, any certificate issued by the aforesaid college on the basis of off-campus course run by its franchisee cannot be said to be valid.

Accordingly, court affirmed the order passed by the Commissioner, Rajya Shiksha Kendra, Bhopal, thereby vacating the interim order through which the petitioners were continuing in service. Petition was hence, dismissed.

Case Title: Vinay Yadav And Others Versus The State Of Madhya Pradesh And Others, Writ Petition No. 5824 of 2017

UGC/AICTE Retirement Age Regulations Not Binding On State University-Affiliated Institutions Without State Adoption : Supreme Court

UGC/AICTE Retirement Age Regulations Not Binding On State University-Affiliated Institutions Without State Adoption : Supreme Court

Yash Mittal

7 Dec 2024 3:14 PM

The Supreme Court on Friday (Dec. 6) held that amended UGC or AICTE regulations raising the retirement age to 65 years do not apply to institutions affiliated to State Universities where the State Government opts not to adopt those regulations. Such institutions must follow the retirement age followed in the State.

The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale heard the civil appeal filed by one P.J. Dharmaraj who was initially appointed as Lecturer, and Reader in Jawaharlal Nehru Technological University (“JNTU”) and subsequently retired from the position of Director of Church of South India Institute of Technology (“CSIIT”) affiliated to JNTU, Telangana.

Two days after his retirement at the age of 60 years, the AICTE and UGC issued amended regulations, wherein the age of retirement was revised up to sixty-five years of age. Therefore the appellant claimed that the same benefit should be extended to him.

On the contrary, the Respondents argued that the appellant cannot claim the benefit of the amended age of retirement because the subsequent amendment to the UGC regulations has not been adopted by the State of Telangana and the revised age of sixty-five years for superannuation does not prevail as the norm in the State and in the JNTU with which CSIIT is affiliated.

Upon hearing the parties at length, Justice Nath in the judgment observed that when the age of retirement of teachers was fixed at 60 years then the appellant cannot be given a special treatment to consider his age of retirement at 65 years.

“The regulations governing the age of superannuation throughout the State, the JNT University and its affiliated colleges including CSIIT is sixty years of age and therefore, when the teachers of JNT University are only to continue up to the age of sixty years, the Appellant cannot be given special consideration. CSIIT is an affiliated Institute of JNT University. Its teachers cannot have their age of retirement more than that of the teachers of the affiliating University. It would create a serious anomaly, discrimination and inequality. If the State Government itself has not adopted the amended regulations, the same cannot be applicable to the CSIIT. Even CSIIT has not determined the age of retirement of teachers to be 65 years.”, the court observed.

Further, the Court found that the appellant worked only in an administrative position and was not able to prove that he discharged the teaching services before becoming Director, CSIIT. Therefore, the UGC or AICTE regulation would not apply to the appellant, as those regulations only applies to those who qualify as teachers and are discharging classroom teaching duties.

“Any other way, the Appellant is not a teacher and was only involved in administrative work with CSIIT. The Appellant has not led any evidence until now to prove that he qualifies as a teacher after becoming Director. AICTE and UGC regulations are applicable only to those who qualify as teachers and are discharging classroom teaching duties.”, the court said.

Accordingly, the appeal was dismissed.

Case Title: P.J. DHARMARAJ VERSUS CHURCH OF SOUTH INDIA & ORS.

Citation : 2024 LiveLaw (SC) 958

NMC to impose penalties, reduce seats of med colleges that refuse to pay stipends

NMC to impose penalties, reduce seats of med colleges that refuse to pay stipends

There are plans to begin inspecting colleges regarding stipend non-payment and other related issues

 Ayushi.Gupta1@timesofindia.com 09.12.2024

The National Medical Commission (NMC) issued show-cause notices to 198 medical colleges— 115 government and 83 private—over the non-submission of stipend details for Undergraduate (UG) interns, Postgraduate (PG) residents, and senior residents in super specialities for the financial year 2023-24. Several medical interns and resident doctors have complained about not receiving any stipend money or half the amount promised. NMC is reviewing the details submitted by medical colleges and plans to impose penalties once confirmed that the stipends are being withheld

College inspections 

Following a Supreme Court order, the NMC directed all medical colleges and health institutions to submit details of stipends paid to medical interns and postgraduate resident doctors in 2023- 24. Dr B Srinivas, secretary, NMC, says, “The NMC aims to analyse stipend data submitted by colleges across the country. The purpose of collecting this data is to track the functioning of these institutions. The NMC plans to begin inspecting colleges regarding stipend non-payment and other related issues. If sufficient evidence of non-payment is found, the NMC will impose financial penalties on the offending colleges. For habitual offenders, further actions may include reducing the total number of seats allocated to the institution. A robust feedback mechanism is essential to make these inspections more effective.” 

Several residents and interns, speaking on the condition of anonymity, have shared their grievances with Education Times. A resident doctor completing his PG at Pacific Medical College and Hospital in Udaipur, Rajasthan, said, “The quoted stipend for all resident doctors is Rs 75,000, but none of the 390 residents have received the entire amount. We requested the administration to disburse the stipends to pay our hostel fees and other expenses, but no action has been taken. Additionally, all residents were asked to pay the full fee during the first year and sign an affidavit stating that our stipends had already been adjusted against the fees. We have been warned not to reveal this information, or we could be failed in our exams.” 

A female MBBS graduate from NRI Institute of Medical Sciences in Visakhapatnam, Andhra Pradesh, added, “I graduated in 2024, and despite completing my internship, most of our batchmates including me have not received our stipends for the internship period. The college management has failed to disburse the stipend citing financial constraints. We request NMC to take immediate action.” Another MBBS intern at Dr Vasantrao Pawar Medical College, Hospital & Research Centre in Nashik, Maharashtra, said, “I have not received my stipend since September. Until then, I received only Rs 8,000 as against Rs 18,000. I am shocked to find that my college’s name was not included in the NMC’s list of 198 colleges receiving show-cause notices.” 

A PG resident doctor at Shridevi Institute of Medical Sciences and Research Hospital in Tumkur, Karnataka, said, “I paid around Rs 2 lakh for hostel fees, which was made compulsory for all PG residents. I had to take a loan to pay both the hostel and college fees, which I planned to repay using my stipend but the college has not paid us any money. If I speak out, I fear my career will be sabotaged.” 

NMC has received multiple anonymous complaints regarding non-payment of stipends. Dr Srinivas says, “ The scope of investigations is often discreet and focused on gathering evidence without directly confronting individuals. Understandably, revealing names could jeopardise the careers of complainants. However, if multiple complaints are received from a particular college, the NMC will red-flag the institution and initiate a thorough investigation. However, support from students and faculty members is crucial for successful investigations.” 

Survey findings  In 2023, NMC conducted an online survey which revealed that 27% of PG students at private or self-financed medical colleges are not paid any stipend. Additionally, 54% of PG students receive less than the stipend amount paid to their counterparts in government-run medical colleges. The  survey found that among 7,901 PG students from 213 self-financed/private medical colleges across 19 states, about 16% reported being forced to return their stipend money to college management. Dr Srinivas says, “As the NMC transitions to more digital processes, it aims to simplify monitoring and enforcement mechanisms. An online system will make it easier to identify and address malpractices, ensuring greater accountability among medical colleges.”

NMC unveils norms to spot fake patients during college audits

NMC unveils norms to spot fake patients during college audits

DurgeshNandan.Jha@timesofindia.com  09.12.2024

New Delhi : Every year, on a specific day, some hospitals affiliated with medical colleges admit healthy individuals as patients. This trick is employed to deceive inspection teams that come to assess the facilities for granting approval to establish a new medical college or to increase the number of MBBS seats in an existing one. In many cases, the hospitals succeed in their deception. Recently, there have been multiple recorded instances of medical colleges hiring fake or nonserious patients to meet the minimum standards required for grant of a license to operate or to increase the number of MBBS seats. 

Recognising this problem, the National Medical Commission (NMC) has, for the first time, issued detailed guidelines on how to identify fake patients. The NMC guidelines state that if the assessor observes a large number of patients admitted on the day of assessment or the previous day, it could indicate fake admissions. Similarly, if the admitted patients have ailments that can be treated in the outpatient department (OPD) with oral medications, those should also be considered fake admissions.

Another criterion described by the NMC to identify fake or ghost patients is admission without any evidence of investigations, such as X-rays, blood tests, etc., either before or after admission. In pediatric wards, the NMC guidelines add that fake patients can be identified if assessors find that most of the admitted children are playful and cheerful without any significant medical issues. Recently, such an instance was recorded when a medical college in Maharashtra applied to increase its intake of MBBS students from 100 to 150. The assessors found that all the patients admitted to the pediatric ward were “hale and hearty”. 

The NMC guidelines also say that admission of multiple patients from the same family, or those admitted in large numbers through preventive health checkups/camps may also be identified as fake patients.

It has been observed for a long time that some medical institutions/colleges indulge in admitting fake patients (people who do not require any in-patient treatment) to fulfil the requirement of bed occupancy, investigation, etc. “If the assessor makes the abovementioned observations in their remarks, it will be considered as indulgence of the institution in ‘fake patient practice’ which will be considered as a serious violation,” said an NMC official.

National Medical Commission mandates strict scrutiny of ‘fake patients’ before sanctioning new medical colleges or enhancing seats

National Medical Commission mandates strict scrutiny of ‘fake patients’ before sanctioning new medical colleges or enhancing seats

It has been observed that some medical colleges show people who do not require any treatment as ‘patients’ fulfil the requirement of bed occupancy

Published - December 08, 2024 12:29 pm IST - Bengaluru

Jayanth R.

The NMC has released the Medical Assessment and Rating Board (MARB) guidelines for evaluation of medical college/institutions 2024. 

The National Medical Commission (NMC) has ordered strict scrutiny of “fake patients” shown by the managements during physical assessment/inspection before sanctioning of new medical colleges or allowing increase in the number of Under Graduate (UG) and Post Graduate (PG) medical seats.

NMC has invited applications for establishment of new medical colleges intending to offer undergraduate course and increase in the number of PG and UG seats for the academic year 2025-2026. It has released the Medical Assessment and Rating Board (MARB) guidelines for evaluation of medical college/institutions 2024

What the guidelines say

In the MARB guidelines, the NMC has stressed the need to curb the practice of showing “fake patients” in the medical colleges. For the purpose of training students, a certain minimum clinical exposure of patients has been defined in the Minimum Standards of Requirements (MSR) criteria of UG and PG Board in the form of bed occupancy requirements etc.

However, it has been observed that some medical institution/colleges show fake patients (persons who do not require any treatment at all or in-patient treatment) to fulfil the requirement of bed occupancy, investigation, etc. The guidelines say that if the assessor notices this and makes a remark, “it will be considered as indulgence of institution in ‘fake patient practice’ which will be considered as a serious violation and it will invite punishment as per MARB rules,” reads the guideline.

Therefore, NMC has instructed all the assessors that observation as to whether a large number of patients were admitted on the day of assessment or the previous day is a must.

Further, it said that it should be examined whether such recently or previously admitted patients have no minor or insignificant ailments/problems which can be treated on Outpatient (OPD) basis with oral medications.

Patients who are admitted without any evidence of investigations like X-ray, blood tests etc., (before or after admission) or treatment which is generally done for admitted patients like intravenous fluid, injections, catheterisation, giving medicines etc should be noted. It should be observed whether in paediatric ward, “most of the admitted children were playful and joyous without any significant problem.”

From the same family?

Further, it stated that the observation of assessor/s on whether multiple patients from the same family were admitted and whether patients were admitted in large numbers through preventive health check-ups/camps is also a must.

The NMC’s guidelines also stressed that the attendance of the faculty and other staff should be reviewed from time to time. “The required number of faculties as mentioned in MSR guidelines of respective boards (UG or PG) should be available throughout the year and for any given period of time. As it is a minimum requirement document, no relaxation will be permitted except in special circumstances in the larger interest by following due procedures,” it added.

Will abide by rules

Speaking to The Hindu, Dr. B.L. Sujatha Rathod, Director of the Directorate of Medical Education, said that NMC is the regulatory authority and the State is the implementing authority. “Whatever the regulations are, it will be examined and put into action,” she said.

Admission fraud inRajasthan: 9 MBBS grads lose case,face bar from practice

Admission fraud in Rajasthan: 9 MBBS grads lose case,face bar from practice

December 8 TIMES OF iNDIA 8.12.2024

Jaipur: Nine MBBS graduates who allegedly used proxy candidates during their RPMT 2009 entrance examination have lost their case in high court against the order by Rajasthan University of Health Sciences (RUHS) to cancel their MBBS admission. RUHS is now writing to the authorities to prevent them from practising medicine.

 The candidates' legal representatives had informed the high court that their clients had completed MBBS and some were pursuing specialisation while others were working as medical officers  in Rajasthan and Maharashtra. "They secured admission on the basis of cheating. They did not appear in the RPMT exam in 2009 and someone else appeared impersonating them. We will write to all the authorities concerned to prevent them from practising medicine," Dr Dhananjai Agarwal, vice-chacellor of RUHS, told TOI on Saturday. Initially, 16 such candidates were identied, and RUHS cancelled their admissions in 2017, but the candidates challenged the decision in high court. Four of them

The court ultimately ruled against them, with Justice Sameer Jain pronouncing his order on Dec 3 this week. "Courts can cancel the admission attained by means of fraud and unfair practices, even after a lapse of a decade, and no extra-ordinary circumstances prevail in order to invoke the jurisdiction of this court under Article 226 of the Constitution of India," the order said. "The instant batch of petitions being devoid of any merits stand dismissed. No orders as to cost. Pending applications, if any, shall stand disposed of," the order added. 

The issue came to light when news emerged about 16 candidates allegedly involved in examination malpractices, leading to an FIR being registered at Ashok Nagar police station in Jaipur. A committee headed by an IAS ocer investigated the matter.

NEWS TODAY 8.12.2024

 

No new nursing college in state during 2024-25 session: Govt to HC

No new nursing college in state during 2024-25 session: Govt to HC 

TIMES NEWS NETWORK 08.12.2024 BHOPAL 

Bhopal/Jabalpur : The state govt informed a division bench of the MP High Court, which is hearing a petition seeking action against "fake" nursing colleges operating in large numbers in the state, that no new nursing colleges were allowed to open in the academic session 2024-25. Only the old colleges found eligible by the CBI were given recognition to operate. Meanwhile, the bench of Justice Sanjay Dwivedi and Justice AK Paliwal asked the state govt to present a report on the action taken against the registrar of the MP Nursing Council, Anita Chand, for irregularities committed by her before deferring the case for hearing to Dec 12. 

During the previous hearing of the case, the court ordered that all the eligible nursing and paramedical colleges in the state for the academic session 2024-25 would be affiliated with MP Medical University. The court also directed that the list and shortcomings found in the nursing colleges declared 'unfit' to operate by the CBI should be mentioned on the website of the MP Nursing Council. 

President of the Law Students' Union, Vishal Baghel, filed a PIL raising the issue of a large number of 'fake' nursing colleges operating in the state, particularly in the tribal areas, which do not have the requisite infrastructure or manpower to run the nursing courses. During the hearing of the petition, the high court ordered a probe by the CBI into the credentials of all the nursing colleges in the state and whether they have the requisite facilities to operate nursing courses. The CBI gave a clean chit to 169 nursing colleges, pointed out deficiencies in 74 but said they could be rectified, and found 65 nursing colleges unfit to operate. Later, the court constituted a threemember committee headed by a retired HC judge, Justice Rajendra Kumar Shrivastava, to examine whether the 74 nursing colleges, which the CBI found to have deficiencies 

In the meantime, some CBI officials involved in the probe were arrested by the CBI Delhi team on charges of demanding a bribe from proprietors of the nursing colleges to give their colleges a fitness certificate, thereby putting the probe and its outcome in question. .

ALLU ARJUN PLEDGES ₹25 LAKH TO KIN OF WOMAN KILLED IN STAMPEDE

ALLU ARJUN PLEDGES ₹25 LAKH TO KIN OF WOMAN KILLED IN STAMPEDE

GUTTED & HEARTBROKEN: 08.12.2024

 ‘I am personally donating ₹25 lakhs to the family’ Two days after the deadly stampede at the Pushpa 2: The Rule premiere that resulted in a woman’s death and her son’s serious injuries, Allu Arjun offered his condolences and pledged ₹25 lakh for the family. In a video shared on social media Friday night, Allu Arjun vowed to stand by the family of Revathi, the mother of two who lost her life in the stampede at Hyderabad’s Sandhya Theatre on Wednesday. The actor also promised to bear the medical expenditure for the treatment of their 9- year-old son, Sritej who suffered serious injuries in the mishap. 

“We make films so that everyone enjoys them with their families. When tragic incidents like this happen, it feels like our energies have been sapped. The whole team is deeply upset to learn about the death of Revathi garu. No matter what we do, we won’t be able to undo the loss. As a goodwill gesture, I am personally donating ₹25 lakhs to the bereaved family to help them secure the future of her two kids. We are also taking care of the medical expenditure of the injured kid,” he said, speaking in Telugu. 

Allu Arjun booked 

Police have booked Allu Arjun, his team, Sandhya Theatre management post the fatal stampede. Based on the family’s complaint, a case has been registered under sections 105 (Culpable homicide not amounting to murder), 118(1) (Voluntarily causing hurt), and 3(5) BNS. What happened During a Pushpa 2 screening at Sandhya Theatre on Wednesday night, a stampede broke out as fans rushed to see Allu Arjun, who made a surprise appearance. In the chaos, Revathi, 39, was killed, and her 9-year-old son, Sritej, was injured and is currently undergoing treatment in hospital.