Updated on: Monday, November 14, 2011
Eleven 'half-baked ' postgraduate diploma courses introduced by the Tamil Nadu Dr MGR Medical University without prior approval from the MCI or the Centre were declared illegal by the Madras high court on Thursday.
Justice N Paul Vasanthakumar , allowing a batch of writ petitions, said, "The university is not empowered to grant permission to any institution or medical college to conduct any PG diploma course in medical sciences without prior approval of the central government as required under Section 10A(1) of the Medical Council of India Act, 1956."
The courses are: PG diplomas in HIV medicine, occupational health, palliative medicine , clinical immunology, medical genetics, critical care in medicine, family medicine (distance education), medical imaging, diagnostic ultrasound , clinical laboratory medicine and clinical diabetology.
The courses were to be offered from next academic year. A group of PG students approached the high court against the university's plan.
Concurring with the submissions of senior counsel K M Vijayan, who appeared for petitioners , that all these courses are already available as the MCI-approved PG diploma or degree courses, the judge said that the university's argument that these courses did not figure in the list of existing degree or diploma courses was contrary to record.
Justice Paul Vasanthakumar pointed out that the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002 states that physicians shall display as suffix to their names only recognized medical degrees or certificates or diplomas.
He also said: "Without such recognition, if any person is allowed to suffix PG diploma in medical sciences along with MBBS degree, the general public will definitely get an impression that the physician is a specialist . Special status can be claimed by any physician only after getting an approved PG diploma and not half-baked diploma courses offered by the university."
The university had admitted in the court that it had decided to start these PG diploma courses and granted permission to conduct the courses in 11 hospitals/medical colleges without prior permission of the Centre or the MCI.
The judge also rejected the university's claim that Section 10A(1) of the MCI Act would not stop the university from offering or granting permission to offer courses through the approved institutions. "It is unsustainable and it is a statutory violation under Section 10A of the Act," he said.
When the university's counsel pointed out that several private universities were offering diploma courses without the approval of the MCI, Justice Paul Vasanthakumar said: "If any other person including the university or the MCI approaches this court against such universities, this court will definitely consider the matter and pass appropriate orders."
Times of India