- (1.) THE restricted number of seats of various disciplines specialities in Post Graduate Medical Courses in MD/ms deprive several students to get admission or the speciality of their choice on merit. So,whenever a vacancy occurs due to non-joining or resignation by a student, the candidates who failed to get admission or the speciality of their choice on merit rush to this court under Article 226 of the Constitution. THE present petition depicts the same problem. This court often comes across such problem and it needs proper guidelines in the matter.
(2.) POST-graduate medical degree course is a technical/academic course of super speciality,where emphasis had always been on merit. In Dr. Dinesh Kumar v. Motilal Nehru Medical College, Allahabad (1), it was observed that if you want to produce doctors, who are MD or MS, particularly Surgeons, who are going to operate upon human beings, it is of utmost importance that the selection should be based on merit. Learned Judges have gone to observe that no weightage should be given to a candidate for rural service rendered by him for admission to post-graduate courses. In Dr. Pradeep Jain & others vs. Union of India & others (2), the Supreme Court laid emphasis on merit for admission to medical courses to meet the excellence in the Medical services. It was observed : "the effort must, therefore , always be to select the best and most meritorious students for admission to technical institution and medical colleges by providing equal opportunity to all citizens in the country and no citizen can legitimately, without serious detriment to the unity and integrity of the nation, be regarded as an outsider in our constitutional set up. Moreover, it would be against national interest to admit in medical colleges or other institutions giving instructions in specialities less meritorious students when more meritorious students are available, simply because the former are permanent residents for a certain number of years in the State while the latter are not, though both categories are citizens of India. Exclusion of more mritorious students on the ground that they are not resident within the State would be likely to promote sub-standard candidates and bring about fall in medical competence injurious in the long run to the very region. "it is no blessing to inflict quacks and medical midgets on people by wholesale sacrifice of talent at the threshold. Nor can the very best be rejected from admission because that will be a national loss and the interests of on region can be higher than those of the nation. " The primary consideration in selection of candidates for admission to the medical of candidates for admission to the medical colleges must, therefore, be made colleges must, therefore, be merit. The object of any rules which may be made for regulating admissions to the medical colleges must be to secure the best and most meritorious students. " The Medical Council of India is constituted under the Indian Medical Council Act,1956 and one of its duties is to prescribe the minimum standards of medical education. It made recommendations on February 12/13,1971 prescribing uniform standards for post-graduate medical education through-out India to time, which having been approved by the Government of India and as revised from time, have the status of Regulations under Sec. 23 of the Act. The Regulations framed by the Medical Council of India provide, inter alia, for the different specialities for which PG courses in MD/ms as also Diploma courses in certain disciplines may be conducted, and for the norms for admission of students to the PG courses in MD/ms as also to the Diploma courses. According to the Regulations framed by the Medical Council of India,the student-teacher ratio for the PG course in MD/ms is to be maintained at 1 :1. The relevant regulation prescribing a student- teacher ratio at 1 :1 for the PG course in MD/ms made with a view to maintain the minimum standards of medical education for the PG course in MD/ms insofar as relevant,is as follows: "general (1) For MD/ms degree in clinical subjects, there shall proper training in basic medical sciences related to the disciplines concerned as well as paper in these subjects at the examination. In the case of M. D. and M. S. in basic medical sciences, there should be training in applied aspect of subject and a paper on the subject. (2) In all post-graduate courses,whether clinical or basic medical sciences, preventive and social aspects be emphasized. (3) This should be a part of the examination in the degree courses as this gives training in research methodology. (4) The student teacher ratio should be such that the number of post-graduate teachers to the number of post-graduate students admitted per year be maintained at 1 :1. For the proper training of the post-graduate students,there should be a limit to the number of student admitted per year. For this purpose every unit should of at least 3 full time post- graduate teachers and can admit not more than 3 students for post-graduate training per year. If the number of post-graduate teachers in the unit is more than three,then the number of students can be increased proportionately. For this purpose one student should associate with one post-graduate teacher. XXX XXX XXX - XXX The selection of post-graduates both for degree and diploma courses should be strictly on the basis of academic merit. " Ordinance 278-E of the University of Rajasthan regulates admission of students to the post-graduate courses in MD/ms in Medical Colleges in the State of Rajasthan. It also provides their method of training, examinations and assessment. Post- graduate course in MD/ms is a three years course of training. Clause (v) of the Ordinance requires a candidate to study for at least 2 1/2 years in the same speciality/subject. Clause (VI) provides the method of training for MD/ms as under: - (a) The emphasis will be on inservice training and not on didactic lectures. Candidates will take part in Seminars, group discussion, clinical meeting etc, In service training requires the candidates to be resident in the Campus and he will be given graded responsibility in the Management and treatment of patient entrusted to his care. It should also include adequate training in Basic and Medical Sciences relevant to the subject/speciality concerned. The candidates will be required to participate in the teaching & Training Programme of under-graduate students and internees in their subject/specialities. (b) All candidates will attend a post-graduate courses of eight weeks in Applied Basic Sciences (to be started immediately on completion of one year after the registration of regular batch of students for post-graduate course) for M. D. Branches (i) to (vii) and M. S. Branches (i) to (v) Applied Basic Sciences. Tropical Medicine communicable Diseases for M. D. Branches (ix) to (xiv) and Applied and clinical aspects of the subject concerred for MD Branches (xv) to (xvii) and M. S. Branch (vi ). (c) Candidate will also attend a four months comprehensive course in the subject/speciality in two parts in February/march and September/ October. During this period, the candidates will also attend a course of at least six lectures/lecture demonstrations on the principles of Statistics as applied to Medical Sciences and Research.
(3.) CLAUSE (Vll) deals with examination and assessment. It provides that the progress of the work of the candidate shall be assessed periodically by the respective guides and reports submitted to the Head of the Institution through Head of Department at the end of every six months. In case the report indicates that a candidate is incapable of continuing to do the work of desired standard and complete it within the prescribed period, the Head of the Institution may recommend cancellation of his/her registration at any time to the University. The examination in MD/ms consist of (a) thesis or dissertation; (b) written papers; (c) clinical. oral and practical examination, as the case may be. Thus, a post-graduate student of MD/ms has not only to write a dissertation or thesis under the supervision of a Professor or Associate Professor,who is his guide, but also to take part in Seminars, group discussions, clinical meetings, besides attending classes. There is also emphasis on in-service training and not on didactic lectures. The inservice training requires the student to be a resident in the Campus and he has graded responsibility in the management and treatment of patients entrusted to his care. For this purpose, residents or tutors are created. The period also includes adequate number of posts of clinical adequate training in the basic Sciences of Anatomy, Physiology, Bio-chemistry, Bio-physics, Pharmacology and Pathology in all respects relevant to the speciality concerned. He is also required to participate in the teaching and training Programmes of under-graduate students, internees in their subjects. The examination for P. G. Course in MD/ms consists of (1) thesis or dissertation; (ii) written papers; (iii) clinical and oral and practical examinations. There are four theory papers for the post-graduate degree examination, of which one has to be on Applied Basic Sciences. The clinical examination is aimed at eliciting the knowledge of the students to under-take independent work as a Specialist. The oral and practical examinations are meant to test his knowledge on investigative procedures, techniques and other aspects of the speciality. In the background of the above academic course,the question requires for determination is whether the petitioner could be accommodated in MD/ms course and that, too, at this late stage. For this purpose, necessary facts of the case may be given. ;