The Madras High Court has held unconstitutional the proposal of the TN Dr MGR Medical University to introduce 11 PG diploma courses in medical sciences for 2011-12.Justice N Paul Vasanthakumar gave the declaration while allowing a batch of five writ petitions from Dr M Ramesh and 24 others. Petritioners’ senior counsel KM Vijayan contended that the university’s proposal to introduce/commence the courses without any approval from the central government/Medical Council of India (MCI) was unconstitutional and contrary to the provisions of the Indian Medical Council Act.
These 11 courses including HIV medicine were part of the existing courses approved by the MCI/central government, which were being conducted through different colleges and the examinations were conducted by the university. It had just splitted and carved out the syllabus framed by the MCI and was introducing the new courses without any approval from the MCI. The MCI and the central government supported the contentions of the petitioners.
Allowing the petitions, Justice Vasanthakumar observed that the university was not empowered to grant permission to any institution or medical college to conduct any PG diploma course in medical sciences without the previous approval of the central government as required under Sec 10A(1) of the MCI Act.As rightly contended by Vijayan, all the PG diploma courses in medical sciences now permitted by the university were available in the MCI Regulations either as Post Graduate diploma course or part of the degree courses or both.Thus it is evident that the university is seeking to introduce courses in different names on the same subjects,the judge said.