no. mci-5(2)/2014-med.misc./ medical council … council of india new delhi executive committee ......

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No. MCI-5(2)/2014-Med.Misc./

MEDICAL COUNCIL OF INDIA NEW DELHI

EXECUTIVE COMMITTEE

Minutes of the meeting of the Executive Committee held on 21st August, 2014 at 11.00 a.m. in the Council Office at Sector 8, Pocket 14, Dwarka, New Delhi.

Present:

Dr. Reena Nayyar, Secretary I/c

1. Minutes of the Executive Committee Meeting held on 08th July, 2014 & 12th

July, 2014– Confirmation of.

Read: the minutes of the Executive Committee Meeting held on 08th July, 2014 & 12th July, 2014.

Dr. Jayshreeben Mehta

President Medical Council of India,

Former Professor of Surgery, Govt. Medical College, Vadodara, Gujarat.

Dr. C.V. Bhirmanandham

Vice-President Medical Council of India,

Former Vice-Chancellor of Dr. M.G.R. Health University,

Tamil Nadu

Dr. Anil Mahajan Professor & HOD, General Medicine, Government Medical College,

Jammu, J&K.

Dr. Baldev Singh Aulakh

Professor of Urology and Transplant Surgery,

Head Transplant Unit, Dayanand Medical College,

Ludhiana

Dr. G.B. Gupta Vice-Chancellor, Ayush & Health Sciences University, Raipur,

Chhattisgarh. Dr. Radha Madhab Tripathy Professor and Head, Department of Community

Medicine, MKCG Medical College, Berhampur.

Dr. Ravindra H.N. Deputy Director,

Karnataka State AIDS Prevention Society, No. 4-13/1, Crescent Road, High grounds,

Bangalore - 560 001

Dr. Venkatesh Kakollu Prof. of Surgery & I/c ADME, Gandhi Medical College,

Secunderabad, Andhra Pradesh

Dr. Vijay Prakash Singh Professor & Head, Department Of Gastroenterology, Patna Medical College,

Patna, Bihar

Dr. K.K. Gupta Director General,

Medical Education, 10, Gulistan Colony,

Lucknow

Dr. V.N. Jindal Dean, Goa Medical College, Bombolim-403202,

Goa

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The Executive Committee of the Council confirmed the minutes of the last meeting held on 08th July, 2014 & 12th July, 2014.

2. Minutes of the last meeting of the Executive Committee – Action taken thereon.

Read: the action taken on the minutes of the Executive Committee Meeting held on 08th July, 2014 & 12th July, 2014.

The Executive Committee of the Council noted the action taken on the minutes of

the Executive Committee meeting held on 08th July, 2014 & 12th July, 2014

3. Pending Items arising out of the decisions taken by the Executive Committee.

Read: the pending items arising out of the decisions taken by the Executive

Committee. The Executive Committee of the Council noted the pending items arising out of

the decisions taken by the Executive Committee except the following:- Date of Meeting

Item No.

Subject Decision of the meeting Observation

18.02.2014 57 Departmental Promotion Committee for promotion to the post of Asstt. Secretary

The Executive Committee considered the matter with regard to constitution of the Departmental Promotion Committee for promotion to the Post of Asstt. Secretary and nominated two members for the D.P.C. viz. Dr. Ajay Kumar & Dr. Kishore Taori, Members, MCI for considering promotion to the post of Asstt. Secretary and authorized the President to decide the date of meeting of DPC.

The Executive Committee of the Council decided to fix the date of meeting of DPC on 22nd September, 2014

13th and 14th June,2014

41 Minutes of the meeting of the TEQ Committee held on 2nd May,2014

The Executive Committee of the Council decided to defer the consideration of the matter.

The Executive Committee of the Council noted that due to non submission of minutes in proper format, the TEQ minutes could not be considered and in this regard a Memorandum has been issued to the concerned Section Incharge.

4. Regarding working the modalities recognizing teaching hospital of AFMS –

report of Sub Committee. Read: the matter with regard to working the modalities recognizing teaching hospital of AFMS – report of Sub Committee. The Executive Committee of the Council noted that a Sub-Committee had been constituted on 3rd June, 2014 and perused the following report of the Sub-Committee dated 14.06.2014:- S.No. Issue Remarks of the Sub-

Committee 1. Recognition of teaching experience of

AFMS hospital faculty – The Armed Forces medical services have represented to Medical Council of India that

a) These hospitals are not regular teaching hospitals.

b) Each hospital needs to be

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all the faculty members working in 31 institutions be considered as teaching faculty even though they are not medical colleges or postgraduate institutes. The reason they have requested is that they are transferred every three years in these institutions. No faculty can be permanently be stationed in one Armed Forces Medical Hospitals. At present some of these hospitals (5) have been recognized for PG courses.

assessed by MCI assessors whether they can be converted to medical colleges or teaching hospitals.

c) The Executive Committee has to take a decision whether in an institution without UG/PG courses can be considered as teaching experience.

2. Recognition of internship training at AFMS Hospitals – Earlier some of these hospitals have been granted recognition of internship training, which was later removed by the MCI. Now they are asking for once again recognition of internship training at AFMS hospitals.

It has to be brought out from office records why and when the recognition status was cancelled to AFMS hospitals. Then only further recognition can be considered.

3. Starting of MC(Sports Medicine) course – The AFMS hospitals have diploma courses in Sports Medicine. They also have attached Sports facilities in number of fields. They have been awarding diploma in Sports Medicine for many years. Now they want to start MD (Sports Medicine). In this regard they have requested that the diploma holders be considered as teaching faculty without insisting upon degree as these people have worked in the department for more than 15 years and new course is being started.

Issue of granting faculty status to diploma holders is a policy decision. The issue has to be referred to PG Committee. Also whether while starting a new course someone with 15 years of experience can be considered as faculty without a degree.

4. Conversion of Command Hospitals into medical colleges – The AFMS have requested that there hospitals are located in major towns and cities. They have a lot of infrastructure manpower and equipments. In this connection they have requested that 10 of their hospitals may be converted to medical colleges. They have requested the Medical Council of India to recommend to Govt. of India the feasibility and also necessary finances for conversion.

a) Nearly 10 medical AFMS units are located in cities which can be considered to convert into medical colleges. b) The MCI needs to appoint a Sub-Committee with Assessors to assess these locations on the feasibility of MSR of MCI. c) Regarding recommendation to Govt. of India, they are asking for funding to construct the colleges from exchequers money. In this regard, it can be considered to recommend provided 50% of the seats to general public of the local state in convener quota. d) These hospitals must be permitted to allow civilian population to be treated in them. Then only good experience and material will be available in the institutions. e) If they are willing for the above two conditions, after assessing the MSR, the Executive Committee has to take a decision to recommend to Govt. of India for funding.

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On going through the above report in detail, the Executive Committee of the Council observed the following pointwise:- 1. Regarding recognition of teaching experience of AFMS Hospital faculty, it was

decided that Army hospitals which are affiliated to medical colleges (i.e. AFMC, Pune; ACMS, Delhi) or where PG courses permitted by MCI are run, can be recognized as teaching hospitals straightaway. With regard to other hospitals, the authorities may apply for starting UG/PG courses and upon receipt of such applications, appropriate decision will be taken after assessing facilities of teaching faculty & infrastructure.

2. Regarding recognition of internship training at AFMS Hospitals, the Executive

Committee noted that as per the present practice, internship is permitted only in those hospitals which are attached to medical colleges and institutes running PG courses.

3. Regarding starting of MD (Sports Medicine) course, the Committee observed that

at present Academic qualifications & teaching experience required for faculty posts have already been prescribed under T.E.Q. Regulations which being Statutory Regulations are mandatory & binding in character. In view of this, the request for relaxation cannot be granted.

4. Regarding conversion of Command Hospitals into medical colleges, the

Committee noted that it is beyond the purview of MCI as it is a regulatory body. The decision has to be taken jointly by Ministry of Defence. The role of MCI comes into play only after the applications are made to the Ministry of Health & family Welfare, Govt. of India.

Note: The Executive Committee of the Council further decided that the matter with

regard to eligibility of Consultants/Specialists as UG teachers where medical colleges are being opened in association with District Hospital as well as eligibility of GDMO’s as UG teachers be referred to TEQ Sub-Committee.

5. Clarification submitted by MNR Medical College, Sangareddy regarding Dr.

D. Aruna, Sr. Resident at Malla Reddy Institute of Medical Sciences, Suraram, Hyderabad.

Read: the matter with regard to clarification submitted by MNR Medical College, Sangareddy regarding Dr. D. Aruna, Sr. Resident at Malla Reddy Institute of Medical Sciences, Suraram, Hyderabad. The Executive Committee of the Council considered the matter at length and noted the submissions made by the Principal, MNR Medical College, Sangareddy who appeared personally in the Council Office on 8th July, 2014 :-

“(i) After my retirement from Government service, I joined as Principal at MNR Medical College in the month of January, 2014 and since then I am discharging my duties as Principal, MNR Medical College, Sangareddy. (ii) Previous to me, Dr. Chandrakant Shiroli worked as the Principal for MNR Medical College. Presently, Dr. Chandrakant Shiroli is working as Dean/Principal of Malla Reddy Institute of Medical Sciences. (iii) Due to acute Gastroenteritis I am not keeping well for quite some time. (iv) On 21-06-2014, a letter dated 18-06-2014 issued from your good office was placed before me by the office staff, whereunder it was mentioned that an assessment was carried out by the MCI assessors at Malla Reddy Institute of Medical Sciences, Suraram, Hyderabad and Dr. D. Aruna has presented herself as Senior Resident in Medicine, where she produced a photocopy of Experience Certificate, dated 31-07-2008 which was said to have been issued by the Principal, MNR Medical College to the effect that Dr. D. Aruna had worked as Junior Resident in the department of General Medicine from 01-08-2005 to 31-07-2008. She also was said to have produced a copy of letter dated 01-08-2008 showing the same experience.

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In this regard, I was asked to confirm as to whether Dr. D. Aruna has worked at

MNR Medical College and if so to provide the details of her experience and also to confirm whether both the Experience Certificates submitted by Dr. D. Aruna was issued from your office.

(v) Dr. Chandrakant Shiroli (Ex-Principal of MNR Medical College & Presently Principal of Mallareddy Institute of Medical Sciences, Suraram, Hyderabad came to my office on 21.06.2014 and produced the copies of the said experience letters of Dr. Aruna dated 31-07-2008 and 1-8-2008 and he stated that recently MCI assessment was held at their college and the assessors questioned the authentication of the experience certificate of Dr. D. Aruna. Since I am the present Principal he wanted me to clarify and attest the said certificate. He also enquired as to whether we received any letter from Medical Council of India regarding the said issue. I informed him that a letter was issued by the MCI and I instructed the staff for verification of the details from old records. For the Dr. Chandrakant Shiroli informed me that he was aware of Dr. D. Aruna and he himself issued those two letters during his tenure as Principal of MNR Medical College and asked me to endorse on the Experience Letter and there is no necessity for verification of old records. Since he was the then Principal of MNR Medical College, who issued those Experience Letters, believing his words, I endorsed on the copy of the experience letters produced by him. Since I am not keeping well, Dr. Chandrakant Shiroli prepared the reply to the letter dated 18-06-2014 issued from your good office, confirming the said experience letters of Dr. D. Aruna which are said to have issued by him only. Since Dr. Chandrakant Shiroli is the person who issued the Experience Letters of Dr. D. Aruna, confirmed the issuance of the said letters, believing him, I signed the clarification letter dated 21-06-2014 to your letter dated 18-06-2014 without verifying the official service records of Dr. Aruna. (vi) Thereafter on 22-06-2014, Dr. Chandrakant Shiroli as the Dean/Principal of Malla Reddy Institute of Medical Sciences, issued a letter, requesting to confirm the above details as they need to send the same to your good office. Hence I issued a letter dated 23-06-2014 confirming the said details of Dr. D. Aruna as I have already issued the clarification letter dated 21-06-2014 basing on the confirmation given by Dr. Chandrakant Shiroli. (vii) After receiving the letter dated 21-06-2014 by your good office, a letter dated 02-07-2014 under reference 4th cited was issued from your good office, requesting me to come personally to the Council office on 4-7-2014 at 11.00 am positively along with original office records in respect of Dr. D. Aruna, Junior Resident i.e. Appointment letter, Joining Letter, Bank Salary Statement/Form 16 and the other available relevant documents. (viii) In view of my health condition, I was on leave from 3-7-2014 to 7-07-2014, since I applied for leave for the said period the Incharge Principal communicated a letter dated 3-7-2014 under reference 5th cited, to your good office informing the fact of my non-availability and thereafter an E-mail dated 4/7/2014 was received from your good office under reference 6th cited, calling me to come to the Council office personally on 8/7/2014 along with the documents of Dr. D. Aruna. (ix) After receiving the letter dated 2/7/2014 under reference 4th cited, since I was on leave, I was informed by my office staff on 3/7/2014 regarding the request for personal appearances and also production of records of Dr. D. Aruna by your good office. Immediately I informed the In-charge Principal to inform the fact of my non-availability to your good office and to verify the original service records during the period 2005-2008 and identify the service particulars of Dr. D. Aruna. (x) Surprisingly, it came to my notice that Dr. D. Aruna never worked at MNR Medical College at any point of time particularly from 1/8/2005 to 31/7/2008. On verification of the entire records, we realized that Dr. D. Aruna never worked at MNR Medical College and Dr. Chandrakant Shiroli for the reasons best known to him issued Experience Certificate dated 31/7/2008 and the subsequent letter dated 1/8/2008 as if Dr. D. Aruna worked at MNR Medical College as Jr. Resident in the department of General Medicine. Dr. Chandrakant Shiroli without the knowledge of the management of MNR Medical College seems to have issued those certificates by misusing the letter head folios and rubber stamp of the college and his position as Principal. He also mislead me and made me to believe that Dr. D. Aruna worked as Jr. Resident at MNR Medical College during 1/8/2005 to 31/7/2008 and obtained Endorsement on the experience certificate and also made me to send confirmation to your good office. Since Dr. Chandrakant Shiroli was the Principal of MNR Medical College before me and in view of my health condition at

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that time, innocently believing his words I made the endorsement and correspondence as if Dr. D. Aruna worked at MNR Medical College previously as Junior Resident without even verifying the service records. (xi) in view of the above, I hereby inform you that Dr. D. Aruna did not work as Junior Resident in the Department of General Medicine at any point of time at MNR Medical College and the experience certificate dated 31/7/2008 and the subsequent letter dated 1/8/2008 are the fabricated documents issued by Dr. Chandrakant Shiroli. (xii) the inconvenience caused from my side is only because of believing the words of Dr. Chandrakant Shiroli innocently. I apologize for issuing letter to you based on Dr. Chandrakant Shiroli statements and without verifying the records properly.”

In view of the above submission of the Principal, MNR Medical College, Sangareddy, the Executive Committee of the Council noted that Dr. D. Aruna had not worked as Junior Resident in the Department of General Medicine at any point of time at MNR Medical College and the experience certificate dated 31.07.2008 and subsequent letter dated 1.8.2008 are fabricated documents issued by Dr. Chandrakant Shiroli (Ex-Principal of MNR Medical College & presently Principal of Mallareddy Instt. Of Medical Sciences, Hyderabad).

In view of the statement of Dr. B. Srinivasa Rao, the Executive Committee of the

Council decided to refer the matter to the Ethics Committee of the Council for taking necessary action against the Principal, Dr. B. Srinivasa Rao, MNR Medical College & Hospital, Sangareddy, the Ex-Principal of MNR Medical College & presently Principal of Mallareddy Instt. Of Medical Sciences, Hyderabad Dr. Chandrakant Shiroli and Dr. D. Aruna.

The Executive Committee further decided to recommend to the Central

Government, Ministry of Health & FW for debarring the college from admitting students for two academic years i.e. 2014-15 and 2015-16 in terms of Section 8(3)(1)(d) of Establishment of Medical College Regulations, 1999. Note: The Executive Committee of the Council decided that all the decisions taken by

the Ethics Committee with regard to cancellation of license of erring medical practitioners should also be published in local newspapers of the State where the medical practitioner is registered apart from National newspaper.

6. Requests for upgradation of Regional Centre as Nodal Centre. Read: the matter with regard to requests for upgradation of Regional Centre as Nodal Centre.

The Executive Committee of the Council noted that the Academic Cell has received request from Principal, Andhra Medical College, Visakhapatnam for upgradation of the Regional Centre as a Nodal Centre to conduct the Advance Course in Medical Education.

The Committee further noted that the Expert Group to prepare Guidelines for launching Advance Course by Nodal Centres in Medical Education Technology held on 29th January, 2014 had laid down the following minimal requirements and Criteria for Resource faculty to conduct Advanced Course:

Each Nodal centre should have at least 5 faculty who fit into one of the following criteria:

Degree in medical education Diploma in medical education FAIMER (Foundation for Advancement of International Medical Education

and Research) Fellowship Advanced course in medical education (project based longitudinal course) Five original or review papers on medical education in indexed peer

reviewed journals

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During the initial transitory period of 3 years the deficient requirement of not more than 20% could be met with by the faculty fulfilling the following criteria:

An education lead who has developed and implemented a national or state level educational programme At each contact session of the Nodal Centre, MCI will depute a National Consultant.

The request submitted by the Principal, Andhra Medical College, Visakhapatnam was examined on the basis of the above criteria for Resource faculty laid down by MCI. The comments are as under:

Andhra Medical College, Visakhapatnam The Institute is an MCI Regional Centre in MET since February 2013 and has

trained, until May 2014, ~ 130 medical college teachers Convener of the Regional Centre, one Resource faculty of the Regional Centre

and one more faculty (not associated with the Regional Centre) have undergone NTTC JIPMER training in 1995 /1998.

The RC proposes to seek help of 03 FAIMER fellows in neighbouring colleges to run the Advance Course, if approved.

In view of above, the Executive Committee of the Council approved the recommendations of the Chairman, Academic Committee recommending that Andhra Medical College, Visakhapatnam does not fulfill the prescribed norms and therefore not recommended.

7. Minutes of the Academic Committee meeting held on 13th May, 2014-

approval of. Read: the matter with regard to minutes of the Academic Committee meeting held on 13th May, 2014. The Executive Committee of the Council approved the minutes of the Academic Committee meeting held on 13th May, 2014 except item no.13 which is as under:

Item No.13: Letter from Dr. K.S. Sriprakash, Vice-Chancellor, Rajiv Gandhi University of Health Sciences, Karnataka on the inclusion of the subject considering all E-Journals and E-Books on par with hard copies of print journals and print books.

The Executive Committee noted that the Regulations are pan India and broadband availability at high speed for efficient downloads quickly is not available at all places where medical colleges are located. Even in Metropolitan cities, uninterrupted internet facility at high speed is not uniformly available. This leads to very slow downloading speed, particularly in the cases of where multiple multicolour diagrams and charts. Frequently, the process has to be abandoned. Even the downloaded file is not complete. Another major hurdle in accepting e Books and eJournals is non availability of full text versions. It is for these reasons that eBooks and eJournals cannot be a substitute for print copies although the number of print copies may be reduced. The Executive Committee decided that the Academic Committee may relook at this item in view of these observations.

8. Minutes of the Registration & Equivalence Committee meeting held on 24th

June, 2014. Read: the matter with regard to minutes of the Registration & Equivalence Committee meeting held on 24th June, 2014. The Executive Committee of the Council approved the minutes of the Registration & Equivalence Committee meeting held on 24th June, 2014 except item no.5 and referred back the same to the REC with the following observations:-

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(i) Whether the issue of consideration of Indian qualification at par with qualifications like FRCS etc. by Saudi Arabian authorities is within purview of MCI?

(ii) Whether the observations made by the REC Sub-Committee that the Indian degrees are recognized by GMC are factually correct? If so, what are the evidences and documents for the same?

9. Regarding Eligibility Certificate of Sh. Ankit Chaturvedi.-legal matter. Read: the matter with regard to regarding to Eligibility Certificate of Sh. Ankit Chaturvedi. The Executive Committee of the Council reconsidered the matter as directed by the Hon’ble High Court of Allahabad and decided that in view of Graduate Medical Education Regulations, 1997 which being statutory Regulations are mandatory and binding in character, it is not permissible to grant Eligibility Certificate to Shri Ankit Chaturvedi. The Executive Committee further decided to advice the Registration & Equivalence Committee accordingly to consider all such types of cases as per prevailing Regulations only.The Executive Committee of the Council noted the following operative part of the Order of the Hon’ble High Court dated 27.03.2014 in Special Appeal Defective No. 1288 of 2013 – Ankit Chaturvedi vs. Union of India & two others:-

19. In view of the aforesaid discussion, considering the fact that the appellant is now 27 years old and has completed MBBS course and further in view of the fact that in some cases the Board of Governors of Medical Council of India has granted exemption to the applicants for grant of eligibility certificate when they had taken admission at the age of less than 17 years, we dispose of the Special Appeal with directions to the Board of Governors of the Medical Council of India, to reconsider the application of the petititoner appellant for grant of eligibility certificate to allow him to appear in the screening test for registration as medical practitioner in India. 20. The required consideration will be made by the Board of Governors of the Medical Council of India, preferably within a period of three months.

The Executive Committee of the Council also took note of the decision of the erstwhile Board of Governors in supersession of Medical Council of India dated 27.09.2012 whereby the Board had permitted grant of provisional registration on the basis of Eligibility Certificate issued to them. The decision noted that such certificate had been issued to these candidates erroneously by the Council and they had not completed the age of 17 at the time of joining the course. The Executive Committee noted that the Hon’ble Supreme Court in its judgment dated 12.09.2013 in Manohar Lal Sharma Vs. MCI & Ors (WP © No. 590 of 2013) has held as under:

17…. The requirements are statutorily prescribed and, therefore, the Board of Governors has no power to dilute the statutory requirements in the above mentioned Regulations.

The above observations of the Hon’ble Supreme Court were made in context of Regulations enacted by the Council with prior approval of the Central Government under section 33 of the Indian Medical Council Act,1956. The Eligibility Requirement for taking admission in an Undergraduate Medical Course in a Foreign Medical Institution Regulations, 2002 has been enacted by the Council under section 33 of the Act. Clause 8 of the Eligibility Regulations prescribes as under:- 8. The Council shall consider the application for Eligibility Certificate and verify the following details as per Regulations of the Council – (i) Whether the candidate fulfills the age criterion prescribed by the Council? The Graduate Medical Education Regulations, 1997 lays down that the applicant seeking admission in MBBS course must be 17 years of age on 31st of December in the year in which he is taking admission. The apex court has also held that MCI Regulations are that the Medical Council Regulations have a statutory force and are

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mandatory. Hence, as the custodian of the Regulations, the Council authorities are duty bound to implement the provisions of the Regulations and no derogation from the requirement of Regulations is permissible. Admittedly, Shri Ankit Chaturvedi at the time of taking admission in Foreign Medical Institution was not of 17 years of age. The Executive Committee of the Council after due deliberations and being conscious of the fact that the applicant has completed MBBS from foreign Medical Institute in view of the statutory requirements and judgment of the Hon’ble Supreme Court in Manohar Lal Sharma’s case that does not permit the Council authorities to relax the requirement of Regulations decided that a regret letter be expeditiously issued referring to the aforesaid reasons to the applicant. 10. Monitoring on Students entry admitted for MBBS and PG courses in

Medical Colleges/Institutions. Read: the matter with regard to regarding to monitoring on Students entry admitted for MBBS and PG courses in Medical Colleges/Institutions.

The Executive Committee of the Council noted that an intranet software was developed to enter the details about the students admitted for MBBS and PG courses in various Medical Colleges/Institutions in order to monitor on the various parameters like excess admission, excess admission under various quota, admission of in-eligible students etc. But the same could not be monitored properly due to non-receipt of information from all Colleges/Institutions in a standard format.

The Committee further noted that online facility may be provided to all the

Medical Colleges/Institutions in order to capture the details of the students admitted for MBBS and PG courses for the year 2014-15 onwards. Separate login-id shall be provided to each Medical Colleges/Institutions. A cutoff date would be 5th October of each year for MBBS courses and 5th June of each year in cases of Postgraduate courses beyond which the Colleges/Institutions will not be allowed to enter the details of the students into Students Entry System for that academic year. Non receipt of this information within stipulated time will reflect on the permission of the Colleges/Institutions. The Executive Committee of the Council approved the proposal prepared by the office with the following modification/addition on the entry screen data: For MBBS course: “Point no. 7 should be read as “Sex: M/F” For PG courses:

“Point no. 5 should be read as “Sex: M/F” Point No. 9 (a) Stipend Paid by the Institute: (b) Stipend Paid by Govt. Institutes The Committee further decided that this decision should be communicated to all medical colleges/institutions by 15.09.2014 by the respective sections and that a dummy run of the programme may be undertaken for few colleges before complete implementation.

11. Order dated 20.06.14 in Case No. 1/1032/13-14 – Guru Dayal Kumar Sinha

Vs. The Chairman, Medical Council of India by the Hon’ble Court of Chief Commissioner for Personal with Disabilities - Reg.

Read: the matter with regard to regarding to Order dated 20.06.14 in Case No. 1/1032/13-14 – Guru Dayal Kumar Sinha Vs. The Chairman, Medical Council of India by the Hon’ble Court of Chief Commissioner for Personal with Disabilities.

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The Executive Committee of the Council deliberated upon the matter at length and decided to constitute a Sub-Committee consisting of the following experts in the field of ENT, Ophthalmology, Orthopaedics and Locomotor Specialist to go through the order dated 20.06.14 in case No. 1/1032/13-14 – Guru Dayal Kumar Sinha Vs. The Chairman, Medical Council of India by the Hon’ble Court of Chief Commissioner for Personal with Disabilities alongwith the provisions relating to reservation of disabled persons contained in Graduate and Postgraduate Medical Education Regulations :- (1) Dr. Ved Prakash Mishra, Chairman, Academic Committee. (2) Dr. Arun Aggarwal, Professor of E.N.T., Maulana Azad Medical College, New Delhi. (3) Dr. Radhika Tandon, Professor of Ophthalmology, AIIMS, New Delhi. (4) Dr. P P Kotwal, Professor of Orthopaedics, AIIMS, New Delhi.

12. Consideration of various proposals/recommendations/suggestions

submitted by the Members of the Council - Reg. Read: the matter with regard to regarding to consideration of various proposals/recommendations/suggestions submitted by the Members of the Council - Reg. The Executive Committee of the Council deferred the consideration of the matter for the next meeting and directed the office to prepare comparative chart of the issues raised by the Members and consideration of the Sub-Committee thereof. 13. Status note of RFID System and Faculty Identification, Tracking and

Monitoring System. Read: the matter with regard to status note of RFID System and Faculty Identification, Tracking and Monitoring System.

To be read with item no.14

14. Award dated 27.06.14 by Shri H.P. Sharma, Sole Arbitrator in the Matter of M/s. Rasilent Technologies Private Ltd. Vs. Medical Council of India – Arbitration Petition No. 75/2011.

Read: the matter with regard to award dated 27.06.14 by Shri H.P. Sharma, Sole Arbitrator in the Matter of M/s. Rasilent Technologies Private Ltd. Vs. Medical Council of India – Arbitration Petition No. 75/2011. The Executive Committee of the Council perused the order dated 27.06.2014 of the Learned Arbitrator Mr. H.P. Sharma, Retired ADJ and decided to pay the amount to M/s. Rasilent Technologies Private Ltd. as per the award of the Sole Arbitrator appointed by Hon’ble High Court. The Committee further decided to constitute a Sub-Committee of the following members and to call M/s. Rasilent Technologies Private Ltd to discuss the process of re-implementation of RFID System and Faculty Identification, Tracking and Monitoring System:-

1. Dr. Ved Prakash Mishra, Chairman 2. Dr. Ramesh Reddy-Member 3. Dr. D.J. Borah-Member

The Committee further noted that in the report of the Committee dated 7th July, 2014 formed for review of the RFID system, it has been mentioned that “proceedings have been concluded and the order of the Ld. Arbitrator is awaited” where the Ld. Arbitrator had already passed the award on 27.06.2014 and decided to seek an explanation from the Committee as to why these facts have not been taken into account while preparing the report.

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15. Approval of the Minutes of the Registration & Equivalence Committee held on 09th May 2014.

Read: the matter with regard to approval of the Minutes of the Registration & Equivalence Committee held on 09th May 2014. The Executive Committee of the Council approved the minutes of the Registration & Equivalence Committee meeting held on 09th May 2014 except item no.21 which has already been considered separately at item no.9 of this meeting of the Executive Committee.

16. Minutes of the Ethics Committee meeting held on 22nd & 23rd May, 2014,

for approval.

Read: the matter with regard to minutes of the Ethics Committee meeting held on

22nd & 23rd May, 2014, for approval.

The Executive Committee of the Council approved the minutes of the Ethics Committee meeting held on 22nd & 23rd May, 2014 except item nos. 28 & 29 which are referred back to Ethics Committee for review and appropriate decision.

17. Adesh Institute of Medical Sciences & Research Bhathinda – complaint of

Dr. Mohinder Kumar – regarding.

Read: the matter with regard to Adesh Institute of Medical Sciences & Research Bhathinda – complaint of Dr. Mohinder Kumar.

The Executive Committee of the Council considered the complaint of Dr.

Mohinder Kumar against Adesh Instt. Of Medical Sciences & Research, Bhatinda and the report of the Sub-Committee alongwith the documents available in the file and accepted the report of the Sub-Committee.

18. Extension of CGHS facilities to the retired employees of

Statutory/Autonomous bodies, whose serving employees are already covered under CGHS reg.

Read: the matter with regard to extension of CGHS facilities to the retired

employees of Statutory/Autonomous bodies, whose serving employees are already covered under CGHS.

The Executive Committee of the Council perused the proposal extending the CGHS facilities to the retired employees of such Statutory/Autonomous bodies whose serving employees are already covered under CGHS, subject to the following conditions:-

a) CGHS facilities will be extended to the retired employees of the

Statutory/Autonomous bodies on cost-to-cost basis. They will be entitled to OPD facilities and medicines from CGHS Wellness Centres in Delhi/NCR only.

b) Medical Expenses incurred on IPD/hospitalization treatment of the pensioner beneficiary and their eligible family members shall be borne by the statutory/autonomous bodies concerned as per CGHS approved rates and guidelines.

c) CGHS card(s) will be issued only on receipt of the recommendation of Statutory/Autonomous bodies concerned alongwith advance payment of requisite service charges at prescribed rate (on cost-to-cost basis) on annual basis. The CGHS cards will be renewed on annual basis on receipt of annual service charge in advance from the Statutory/Autonomous bodies concerned. Further, the office of Additional Director (HQ), Central Govt. Health Scheme vide

their O.M. No. F.No. 7-1/2013-CGHS/C &P/part/3409 dt. 09/07/2014 has also informed that in compliance to order dated 10/06/2014 issued by Ministry of Health & F.W, Govt.

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of India, Directorate has agreed to provide the CGHS facilities to the pensioners/family pensioners and retired employees of the Statutory/Autonomous bodies on cost to cost basis, who’s serving counterparts are already covered by CGHS medical facilities. They will be entitled to OPD facilities and medicines from CGHS Wellness Centres in Delhi/NCR only.

In view of above, the Executive Committee of the Council decided to accept the

proposal of the Ministry of Health & Family Welfare, New Delhi.

19. Departmental Promotion Committee for considering confirmation of 05 remaining employees – Reg.

Read: the matter with regard to Departmental Promotion Committee for

considering confirmation of 05 remaining employees.

The Executive Committee of the Council decided to nominate the following members for constituting the DPC for confirmation of employees in the Council Office:-

1. Dr. Reena Nayyar, Secretary I/c- -Chairman 2. Shri Shikhar Ranjan, Law Officer -Member 3. Shri A.K. Ahluwalia, Accounts Officer -Member 4. Shri Bhagwan Das Jain, Administrative Officer - Member

20. Extension of Service of Dr. Srikanta Barik.

Read: the matter with regard to extension of Service of Dr. Srikanta Barik. The Executive Committee of the Council noted that the period of extension of Dr.

Srikanta Barik has been expired on 26.07.2014 and at present the work of assessment is at peak and no one else can be posted in Assessment Cell being the confidential work, the President, MCI has approved the extension of Dr. Srikanta Barik as Consultant for a period of three months w.e.f. 27.07.2014.

In view of above, the Executive Committee of the Council ratified the decision of the President for extension of service of Dr. Srikanta Barik for a further period of three months w.e.f. 27.07.2014, on the existing terms and conditions.

21. Financial upgradation of the officials of the Council under MACP Scheme.

Read: the matter with regard to financial upgradation of the officials of the Council under MACP Scheme.

The Executive Committee of the Council decided to nominate the following

members for constituting the DPC for financial upgradation of the officials of the Council under MACP Scheme:- (1) For Accounts Officer and Computer Programmer:

1. Dr. C.V. Bhirmanandham, Vice-President, 2. Dr. G.B. Gupta, Member, Executive Committee 3. Dr. K.K. Gupta, Member, Executive Committee 4. Dr. Reena Nayyar, Secretary I/c

(2) For other posts:

1. Dr. Reena Nayyar, Secretary I/c- -Chairman 2. Shri Shikhar Ranjan, Law Officer -Member 3. Shri A.K. Ahluwalia, Accounts Officer -Member 4. Shri Bhagwan Das Jain, Administrative Officer - Member

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22. Constitution of DPC for promotion to the post of Section officer.

Read: the matter with regard to constitution of DPC for promotion to the post of Section officer.

The Executive Committee of the Council decided to nominate the following members for constituting the DPC for promotion to the post of Section Officer in the Council Office:-

1. Dr. C.V. Bhirmanandham, Vice-President, Chairman 2. Dr. G.B. Gupta, Member, Executive Committee Member 3. Dr. K.K. Gupta, Member, Executive Committee Member 4. Dr. Reena Nayyar, Secretary I/c Member

23. Modification/improvisation in the Assessment System for undergraduate

course.

Read: the matter with regard to modification/improvisation in the Assessment System for undergraduate course.

The Executive Committee of the Council deliberated upon the matter with regard

to modification/improvisation in the Assessment System for undergraduate course and decided to constitute a Sub-Committee of the following members to review the observations made by the members of the Executive Committee on the assessment process and their recommendations thereon as well as SAF and directed the Sub-Committee to submit its report within 30 days for the consideration of the Executive Committee:-

(1) Dr. Ved Prakash Mishra (2) Dr. Vijay Prakash, Member

(3) Dr. K. K. Gupta, Member 24. Regarding specifying the type of acceptable leave during inspection of

medical colleges.

Read: the matter with regard to regarding specifying the type of acceptable leave during inspection of medical colleges.

The Executive Committee of the Council considered the report of the Sub-Committee dt. 17.04.2014 as constituted by the Executive Committee at its meeting held on 14th March, 2014 and decided to accept the report with the following amendments:- (1) The faculty who is on leave due to following reasons would be accepted:

(a) For attending International / National conferences organized by the respective International / National Associations or Societies;

(b) For attending any work assigned by Medical Council of India, either at headquarters or for assessment of a medical college;

(c) For conducting examination of the concerned subject in a medical college in a Central / State University;

(d) For attending Courts. Provided that appropriate documents certifying the same which are

countersigned by the dean are furnished. (2) The faculty who is on sanctioned Maternity leave would be accepted provided the appropriate leave sanction order issued by the sanctioning authority and countersigned by the Dean is furnished with all necessary certificates.

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25. Change of affiliating University in respect of Kalinga Institute of Medical Sciences, Bhubaneswar from Utkal to KIIT University, Bhubaneswar, Odisha.

Read: the matter with regard to change of affiliating University in respect of

Kalinga Institute of Medical Sciences, Bhubaneswar from Utkal to KIIT University, Bhubaneswar, Odisha.

The Executive Committee of the Council considered the letter dated 8/07/2014

from the Central Govt., Ministry of Health & F.W. forwarding therewith request received from the Registrar, KIIT University, Bhubaneswar, Odisha for change of University in respect of Kalinga Institute of Medical Sciences, Bhubaneswar from Utkal University to KIIT University, Bhubaneswar, Odisha and observed that the Executive Committee at its meeting held on June 1988 had decided as under:-

“No inspection is required where there is change of name and change of affiliation of the University or the college whose medical qualifications are already recognized and included in the I schedule to the IMC Act, 1956 unless the Executive Committee decided otherwise”.

The Executive Committee of the Council further noted that the MBBS degree in respect of Kalinga Institute of Medical Sciences, Bhubaneswar under Utkal University is recognized when granted on or after August 2012.

In view of above, it was decided that the college may be advised to apply to the

Central Government when the first batch admitted under KIIT University, Bhubaneswar, Odisha appears for the III M.B.B.S. Part II examination for recognition u/s 11 (2) of IMC Act, 1956.

26. Non-receipt of the list of I year MBBS students for the academic year 2013-

14 from various medical colleges.

Read: the matter with regard to non-receipt of the list of 1st year MBBS students for the academic year 2013-14 from various medical colleges.

The Executive Committee of the Council noted that the following medical colleges have not submitted the required list in spite of repeated reminders: -

S.No. State Name of college 1. Andhra Pradesh Govt. Medical College, Nizamabad 2. Andhra Pradesh Siddhartha Medical College, Vijayawada 3. Bihar Shri Krishna Medical College, Muzzafarpur 4. Uttar Pradesh Rohilkhand Medical College & Hospital, Bareilly 5. West Bengal North Bengal Medical College, Darjeeling

The Committee further noted that the Council has received a letter dated

07.07.2014 from the Dean/Principal, Rohilkhand Medical College & Hospital, Bareilly stating that the matter regarding admission of students against increase of seats from 100 to 150 for academic year 2013-14 is subjudice in the Hon’ble Supreme Court of India vide curative petition D. No. 18148 of 2014. The Office of the Council vide its letter dated 06.08.2014 once again requested to the college authorities of Rohilkhand Medical College & Hospital, Bareilly to furnish the desired information on prescribed format within 07 days from the date of dispatch of this letter/or produce a stay order granted by the Hon’ble Supreme Court in their favour but the reply is still awaited.

In view of the above observations, the Executive Committee of the Council deliberated upon the matter at length and decided that the Deans of the Medical Colleges be called in-person with the appropriate lists within 2 weeks failing which appropriate necessary action will be taken.

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27. Minutes of the Academic Committee meeting held on 10th July, 2014-approval of.

Read: the matter with regard to minutes of the Academic Committee meeting

held on 10th July, 2014-approval of. The Executive Committee of the Council approved the minutes dated 10th July,

2014 as well as the proposal of the Academic Committee to get the copy right of the competency based UG curriculum of the Academic Committee.

28. Change of name of Cochin Medical College to Govt. Medical College,

Ernakulam.

Read: the matter with regard to change of name of Cochin Medical College to Govt. Medical College, Ernakulam.


from the Deputy Secretary, Govt. of Kerala, Health & F.W. Department, Thiruvananthapuram enclosing therewith the Govt. orders No.G.O.(MS)488/2013/H&FWD dated 17/12/2013 whereby the Cochin Medical College has been brought under the control of Director of Medical Education and further as per the order G.O. (Rt) No.345/14/H&FWD dated 30/1/2014 renamed Cochin Medical College as Govt. Medical College, Ernakulam and observed that the Executive Committee at its meeting held in June 1988 had decided as under:-


The Executive Committee of the Council further noted that Cochin Medical College, Kochi is recognized medical college for the award of MBBS degree granted by Kerala University of Health & Applied Sciences, Thrissur.

In view of above, the Executive Committee of the Council decided to approve the request of the Deputy Secretary, Govt. of Kerala, Health & F.W. Department, Thiruvananthapuram with regard to the change of name of Cochin Medical College as Govt. Medical College, Ernakulam.

The Committee further decided to place the matter before the General Body of the Council.

29. Minutes of the Migration Committee meeting held on 14th August, 2014-approval of.

Read: the matter with regard to minutes of the Migration Committee meeting held

on 14th August, 2014-approval of. The Executive Committee of the Council approved the minutes of the Migration Committee meeting held on 14th August, 2014.

30. International Association of Medical Regulatory Authorities (IAMRA) –

Conference on Medical Regulation from 9-12 September,2014 at London hosted by UK General Medical Council.

Read: the matter with regard to International Association of Medical Regulatory

Authorities (IAMRA) – Conference on Medical Regulation from 9-12 September,2014 at London hosted by UK General Medical Council.

16

The Executive Committee of the Council noted the contents of an email received

from International Association of Medical Regulatory Authorities (IAMRA) requesting Dr. Jayshree Mehta, President, MCI to attend the 11th conference on Medical Regulation from 9-12 September, 2014 at London to be hosted by UK General Medical Council. The Executive Committee of the Council ratified the action taken by the President, MCI. 31. Change of name of Chhatrapati Shahuji Maharaj Medical University, Uttar

Pradesh to King George’s Medical University, Uttar Pradesh – reg.

Read: the matter with regard to change of name of Chhatrapati Shahuji Maharaj Medical University, Uttar Pradesh to King George’s Medical University, Uttar Pradesh.

The Executive Committee of the Council considered the letter dated 19/7/2014 &

20/7/2014 from King George’s Medical University, Uttar Pradesh informing therein that the name of their institution has been changed from Chhatrapati Shahuji Maharaj Medical University, Uttar Pradesh to King George’s Medical University, Uttar Pradesh vide Gazette Notification NO.575(2)/79-V-1-12-2(ka)3/2012 dated 8th August, 2012 of the Govt. of Uttar Pradesh and observed that the Executive Committee at its meeting held in June 1988 had decided as under:-


In view of above, the Executive Committee of the Council decided to approve the request of the college authorities with regard to the change of name of Chhatrapati Shahuji Maharaj Medical University to King George’s Medical University.

The Committee further decided to place the matter before the General Body of the Council.

32. Change of affiliating University/Recognition & inclusion of MBBS degree in

the First Schedule of IMC Act granted by the Swami Rama Himalayan University, Dehradun in respect of students admitted at Himalayan Institute of Medical Sciences, Dehradun.

Read: the matter with regard to change of name of change of affiliating

University/Recognition & inclusion of MBBS degree in the First Schedule of IMC Act granted by the Swami Rama Himalayan University, Dehradun in respect of students admitted at Himalayan Institute of Medical Sciences, Dehradun.


from the Central Govt. Ministry of Health & F.W. forwarding therewith a letter dated 6/6/2014 received from the Registrar, Swami Rama Himalayan University, Dehradun with regard to change of affiliating University/Recognition & inclusion of MBBS degree in the First Schedule of IMC Act granted by the Swami Rama Himalayan University, Dehradun in respect of students admitted at Himalayan Institute of Medical Sciences, Dehradun and observed that the Executive Committee at its meeting held in June 1988 had decided as under:-


The Executive Committee of the Council further noted that that pursuant to the orders of Hon’ble Supreme Court of India passed on 12/11/2013 in I.A. No.67 of 2013 in Writ Petition (Civil) No.142 of 2006 (Viplav Sharma Vs Union of India & Ors.) and also passed on 27/11/2013 in I.A. No.01 of 2013 in Writ Petition No.81 of 2012 (HIHT

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Univesity Vs. Union of India & Ors.) the HIHT University has ceased to function from 31st May, 2014 and from 1st June, 2014 the Himalayan Institute of Medical Sciences has become one of the constituent colleges of “Swami Rama Himalayan University, Dehradun” a University enacted by Uttarakhand Act No.12 of 2013 (copy of orders enclosed as annexure - III). Based on the orders of the Hon’ble Supreme Court of India dated 12th Nov., 2013 and 27th November, 2013 and the consensus arrived between HIHT University and Swami Rama Himalayan University from 1st June, 2014 all the students enrolled with HIHT University were transferred to Swami Rama Himalayan University.

The Executive Committee of the Council further noted that the Registrar, Swami

Rama Himalayan University, Dehradun under Sub-Section (2) of Section 11 of the IMC Act, 1956 has applied for recognition and inclusion of MBBS degree when granted by Swami Rama Himalayan University, Dehradun on or after June, 2014 in respect of students admitted at Himalayan Instt. Of Medical Sciences.

In view of above, it was decided that the college may be advised to apply to the Central Government when the first batch admitted under Swami Rama Himalayan University, Dehradun appears for the III M.B.B.S. Part II examination for recognition u/s 11 (2) of IMC Act, 1956.

33. Minutes of the Ethics Committee meeting held on 12th June, 2014, 23rd July, 2014, 25th July, 2014 and 31st July, 2014, for approval.

Read: the matter with regard to minutes of the Ethics Committee meeting held on

12th June, 2014, 23rd July, 2014, 25th July, 2014 and 31st July, 2014, for approval. The Executive Committee of the Council approved the minutes of the Ethics

Committee meeting held on 12th June, 2014, 23rd July, 2014, 25th July, 2014 and 31st July, 2014.

34. Approval of Minutes of Administration and Grievance Committee.

Read: the matter with regard to approval of Minutes of Administration and Grievance Committee. The Executive Committee of the Council approved the minutes of Administration and Grievance Committee meeting held on 7th July,2014. 35. Constitution of Department Promotion Committee for confirmation of Shri

Parmod Kumar, for the post of Computer Programmer- reg.

Read: the matter with regard to constitution of Department Promotion Committee for confirmation of Shri Parmod Kumar, for the post of Computer Programmer.

The Executive Committee of the Council decided to nominate the following members for constituting the DPC for confirmation of Shri Parmod Kumar for the post of Computer Programmer Council Office:-

1. Dr. C.V. Bhirmanandham, Vice-President, Chairman 2. Dr. G.B. Gupta, Member, Executive Committee Member 3. Dr. K.K. Gupta, Member, Executive Committee Member 4. Dr. Reena Nayyar, Secretary I/c Member

36. Annual Report of Medical Council of India for the academic year 2013-14.

Read: the matter with regard to Annual Report of Medical Council of India for the academic year 2013-14.

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The Executive Committee of the Council approved the Annual Report of Medical Council of India for the academic year 2013-14.

37. Rama Medical College Hospital V/S Union of India and anr - Civil Appeal

No. 7117 of 2014 (Arising from SLP (C) No(s). 16207/2014) in the Hon'ble Supreme Court – Reg.

Read: the matter with regard to Rama Medical College Hospital V/S Union of

India and anr - Civil Appeal No. 7117 of 2014 (Arising from SLP (C) No(s). 16207/2014) in the Hon'ble Supreme Court. The Executive Committee of the Council perused the Order of the Hon’ble Supreme Court dated 01.08.2014 in the matter of Rama Medical College Hospital V/S Union of India and Anr and directed the office to comply with the Order of the Hon’ble Supreme Court.

38. Admission of 1st year MBBS students for the Academic year 2013-14-

Excess admission from the sanctioned intake – Regarding.

Read: the matter with regard to admission of 1st year MBBS students for the Academic year 2013-14- Excess admission from the sanctioned intake.

The Executive Committee of the Council noted that the following medical

colleges/institutes have admitted students over and above the sanctioned intake as indicated against each:-

S.No. Name of the college Govt./ Management

Over and above the sanctioned intake

1 Thanjavur Medical College, Thanjavur

Govt. 4

2 Chengalpattu Medical College, Chengalpattu

Govt. 3

3 Kanyakumari Govt. Medical College, Asaripallam

Govt. 1

4 KAP Viswanathan Govt. Medical College, Trichy

Govt. 3

5 Tiruneveli Medical College,

Govt. 3

6 Government Dharamapuri Medical College, Dharamapuri

Govt. 1

The Executive Committee noted the opinion of the Law Officer of the Council stating that the Govt. Medical colleges in the State of Tamil Nadu had admitted students in excess of the admission capacity pursuant to the order dated 29.07.2013 of the Hon’ble Supreme Court which reads as under:-

“Heard learned senior counsel on either side. Considering the facts and circumstances of the case and also considering the fact that the petitioner is a meritorious candidate, who has secured 198 out of 200 marks, we are inclined to follow the procedure adopted by the Court for the last so many years. Reference is made to the order dated 13.7.2010 passed by this Court in Writ Petition (C) No.471 of 1994 and connected cases. We, therefore, direct the State of Tamil Nadu to follow the interim order dated 11th November, 1994 passed by this Court as well as the order dated 13.7.2010 passed by this Court in Writ Petition (C) No.471 of 1994 and connected cases for the current year also. The same is made applicable to all candidates, who fall in that category.

Parties will complete their pleadings within a period of six weeks. List thereafter.”

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The Law Officer of the Council further opined that the admissions so made by the State of Tamill Nadu are on the directions of the Hon’ble Supreme Court and order dated 29.07.2013 is based upon an interim order dated 11.11.1994 as well as the order dated 13.07.2010 in W.P (C) No. 471 of 994 and connected cases and the same has been made applicable for the current year also (2013-14) by the Hon’ble Supreme Court. As the order is of the Hon’ble Supreme Court, these are required to be complied with by all concerned including Medical Council of India. Hence, excess admission so made by the Govt. of Tamil Nadu needs to be regularized as may have been done in the previous years.”

In view of above, the Executive Committee of the Council decided to regularize the excess admissions so made by the Govt. of Tamilnadu.

39. Proposal for purchase of new car for President, MCI.

Read: The matter with regard to consider the proposal for purchase of new car for President, MCI.

The Executive Committee of the Council perused the matter in detail and directed the office to place the proposal before the Finance Committee of the Council.

The meeting ended with a vote of thanks to the Chair.

(Dr. Reena Nayyar) Secretary I/c

New Delhi, dated 21st August, 2014

APPROVED

(Dr. Jayshreeben Mehta) President

no. mci-5(2)/2014-med.misc./ medical council … council of india new delhi executive committee ......

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