2019 (6) ADR 623

Delhi High Court

: AIROnline 2019 Del 1560

Hon'ble Judge(s): C. Hari Shankar , J

Medical Council Act (102 of 1956) , S.2(e), S.10A, S.10B, S.11, S.33, First Schedule— Indira Gandhi National Open University Act (50 of 1985) , S.5(1)(xiii), S.5(1)(xxi), S.5(1)(xxiii)— Medical Degrees Act (7 of 1916) , S.3— Postgraduate Medical Education Regulations, 2000 , Regn.6— Inclusion of PGDCC as a 'recognised medical qualification' - Prayer for, by petitioners holders of Postgraduate Diploma in Clinical Cardiology (PGDCC) awarded by Indira Gandhi National Open University (IGNOU) - Rejected by respondent on ground that PGDCC course had been commenced by IGNOU, without obtaining prior permission of Central Government u/S.10-A of IMC Act - Recognition of medical qualification has necessarily to abide by provisions of IMC Act, particularly S.11 thereof - There was no requirement for IGNOU to obtain prior permission of Central Government, before starting said course - Having started course, IGNOU applied u/S.11(2) for recognition of PGDCC qualification in accordance with statutory scheme - Ultimate decision as to whether any particular qualification ought to be accorded recognition or not, is of Central Government - Same is to be taken in consultation with MCI - No reliance on S.10-C of I.M.C. Act, can be placed - Decision of respondents not to consider application of IGNOU for recognition of PGDCC qualification, quashed. (Para 62 78 ....