Tushar Ranjan Mishra vs State of Orissa and Others

A.S. Naidu, J.—The question which needs determination is as to whether there can be relaxation in the period of training prescribed by the Indian Medical Council for prosecuting Post Graduate Medical Education in medical colleges.

This question has a far reaching consequence inasmuch as the Society cannot afford to have doctors who have not completed the entire curriculum/training. For appreciating the issue, short facts are necessary.

In the year 1998-99, the petitioner, a doctor being '' duly selected according to the marks secured in the selection process got himself admitted in P. G. Course of Obstetric and Gynaecology in S. C. B. Medical College & Hospital, Cuttack. Similarly, Dr. Anapurna Jena, who is not a party in this case. In accordance with her position in the selection, was selected and and took admission in P. G. Course of General Surgery. In course of prosecuting the course, both the petitioner and Dr. Jena applied for change of their departments/faculties. As the application was not considered by the authorities. Dr. Jena filed O.J.C.No.4015 of 1999 before this Court. On 16-7-99, the said writ application was disposed of with a direction to the authorities to permit the petitioner and Dr. Jena to change their respective subjects in consonance with their application dated 17-2-99. In consonance with the said direction, on 17-9-99 the petitioner was permitted to take admission in the Department of Surgery and similarly. Dr. A. Jena, the petitioner in O. J. C. No. 4015 of 1999, was permitted to take admission in the Department of Obstetric & Gynaecology. On 27-2-2001. the Principal off S.C.B. Medical College, Cuttack intimated both, the petitioner and Dr. A. Jena that they will be eligible to appear P. G. Examination in May, 2002 only after completion of 80% of attendance in Post Graduate course. The said order dated 27-2-2001 (Annexure-3) is impugned before this Court.

On receiving the Rule, a counter affidavit has been filed on behalf of the opp. parties, taking a stand that the petitioner was admitted in General Surgery discipline only on 17-9-99 and according to the Regulation of the Medical Council of India. 1993, he is required to complete three Calendar years training and only after which he would be eligible to appear in the examination. it is further submitted that in consonance with the M. C. I. Regulation (item No. V) all candidate''s joining the Post graduate training programme must work as full time Resident during the whole period of their Post Graduate training and they are mandatorily required to attend 80% of the training period to make them qualified to appear at the Examination. it is stated that total days of three calendar years comes to 365 X 3= 1095 days out of which 80% comes to 876 days. Thus, a student who is prosecuting Post Gradeate course in medical science, mandatonly required to undergo training programme for 876 days. On calculation it is stated in the counter that the petitioner will complete the training only in April, 2002 and he would be eligible to appear the P. G. Examination in 2002 May Session.

For correctly appreciating the stand taken it is necessary to rely upon the recommendation on Post Graduate Medical Education issued by the Medical Council of India, Clause-B of the said Medical Council of India guideline deals with the period of training and reads as follows :

"B. Period of Training ;

The prescribed minimum period of training for the awacd of various postgraduate degree/diploma shall be as follows :

M. D./M. S.

From the year 1993 onwards, the minimum period of training for obtaining these degrees shall be three calendar years and the candidates can be admitted to this training after their full registration with the Medical Council (s).

No exemption shall be given from this period of training of 3 years either for doing Houseraanship or for any other experience or diploma."

Sub-clause (4) of Clause.B specifically stipulates that migfation/transfer of students, undergoing any Postgraduate course-degree/dirplma shall not.be permissible during the period of training prescribed for the course.

Clause-V stipulates training programme. Relevant portion of the said clause reads as follows :

"V. Training Programme :

xx xx xx All candidates joining the Postgraduate training programme must work as full time Resident during the whole period of their Postgraduate training. They will be required to attend a minimum of 80% of training period. All the candidates must be given full time responsibility and assignments, and their participation in all facets of the educational process assured. The postgraduate students should be paid stipends which are commensurate with the remuneration of equivalent members of the departmental staff.

xx xx xx" (Emphasis supplid)

The Medical Council of India has framed certain guidelines/recommendations for prosecuting Postgraduate medical education. Such recommendations are issued in consonance with the provisions of Section 33 of the Medical Council Act, 1956 and the same are binding. The Medical Council of India is an expect body created under the Medical Council Act, The Medical Council is constituted to prevent sub-standard education in medical course, as has been observed by the Supreme Court in the case of State of Madhya Pradesh and Another Vs. Kumari Nivedita Jain and Others, In the case of Dr Preeti Srivastava and Another Vs. State of M.P. and Others, it has been specifically observed that in the public interest, less meritorious students cannot be encouraged. Allowing the students who have not completed mandatory period of training prescribed by the Medical Council of India will not be justifiable in the larger interest of the society inasmuch as the same would amount to confer of degrees upon the persons who have not completed rigors of training prescribed for entitling them to obtain the degree. This Court while directing change of faculties, had never directed that they should be conferred with P. G. degrees in medical education without completing the mandatory period of training.

Be that as it may, it appears that these two students have adopted take for granted attitude. After change of their faculties, it was open for them to undergo training on holidays and also to undertake extra training by obtaining prior permission of the authorities so as to enable them to acquire training for the specified period i. e. 80% as prescribed by the Medical Council of India. Having failed to make any endeavouranee, to undergo training for the prescribed period, I feel, the petitioner does not deserve any sympathy. Thus, I do not find any infirmity in the impugned order. The writ application is, accordingly, dismissed.

Writ application dismissed.