Medical, Legal, Medicolegal Information for Doctors and Lawyers

Reservation / deputation of in-service candidates for admission into Medical Courses in the Medical Colleges in the State

2009-07-05T11:35:00.000+05:30

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 1997 – Reservation / deputation of in-service candidates for admission into Medical Courses in the Medical Colleges in the State - Amendment – Issued.

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HEALTH, MEDICAL & FAMILY WELFARE (E2) DEPARTMENT

G.O.Ms.No.719, Dated:16th December, 2003

Read the Following:

1. G.O.Ms.No.260, HM&FW (E2) Dept., Dt:10-7-1997

2. G.O.Ms.No.279, HM&FW (E2) Dept., Dt:9-7-2001

3. G.O.Ms.No.14, HM&FW (E2) Dept., Dt: 21-1-2002

4. G.O.Ms.No.15, HM&FW (E2) Dept., Dt. 21-1-2002

5. G.O.Ms.No.16, HM&FW (E2) Dept., Dt.21-1-2002

6. G.O.Ms.No.467, HM&FW(E2)Dept., Dt.12-12-2002

7. G.O.Ms.No.154, HM&FW (E2) Dept., Dt.12-5-2003

* * *

ORDER:

The following notification will be published in the Extraordinary issue of the Andhra Pradesh Gazette dated 17.12.2003:

NOTIFICATION

In exercise of the powers conferred by section 3 read with sub-section (1) of section 15 of the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (Andhra Pradesh Act No.5 of 1983), the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 1997, issued in G.O.Ms.No.260, Health Medical and Family Welfare (E2) Department, Dated: 10th July, 1997 as subsequently amended from time to time.

AMENDMENT

In the said rules:-

(1) In rule 3,

(1) In sub-rule (2);-

(i) under explanation-1 the following shall be substituted for items (a) & (b):-

(a) two years of continuous regular tribal service,

(b) three years of continuous regular rural service; or

(ii) In the Note under explanation-2, after item (iii), the following item shall be added:-

“(iv) The 100 point roster system provided for in rule of reservation for SCs, STs and BCs in G.O.Ms.No.47, Social Welfare (CV-I) Department, dt.31.05.2000 will be followed in P.G. admissions.”

(iii) the existing items (iv) (v) and (vi) shall be re-numbered as items (v), (vi) and (vii) thereof respectively.

(2) For sub-rule (3), the following shall be substituted, namely:-

“(3) provided the reservation for the in-service candidates shall be 15% for clinical and 30% for non-clinical courses in the existing seats including increased seats in the Post Graduate Medical Courses.”

2. In rule 10,

(1) for sub-rule(viii) the following shall be substituted, namely:-

“If Graduate Diploma or Post Graduate degree seats in non-clinical courses remain vacant after third counseling and when the candidates are not available, the willing in-service candidate from among the merit list shall be entitled for deputation on par with other in-service candidates selected under service quota subject to provisions under rule 3 and such other provisions as may be applicable. The reservation of quota for in-service candidate for non-clinical course will increase to the above extent. This increase will be restricted to the seats that remain unfilled. The candidates so selected in non-clinical, pre and para clinical subjects shall submit an undertaking that the candidate shall serve the Government for a period of 10 (ten) years, default of which the entire salary amount received during the period shall be paid by the candidate to Government”.

(2) In sub-rule (ix);-

(i) clauses (a), (b), (d) & (g) shall be omitted.

(ii) the existing clauses (c), (e) and (f) shall be renamed as clauses (a), (b) and (c).

(iii) after clause (c), as so renumbered, the following clause shall be added, namely;-

“(d) to reserve 15% of seats in P.G. Medical Courses both in clinical and non-clinical subjects and also in Super Speciality Courses, towards NRI quota except in M.D. (RT) Course”.

3. In rule 11, for the opening para of sub-rule (xii), the following shall be substituted:-

“(xii) Deputation to in-service candidates selected under service quota shall be restricted to 3 years only, i.e., (36 months). The candidate selected to prosecute post graduate courses under in-service quota shall be sanctioned deputation for one course only in his service time. The candidate selected under in service quota shall be permitted to take any course of his/her choice based on merit”.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

S.BHALE RAO

PRINCIPAL SECRETARY TO GOVERNMENT

To

The Commissioner of Printing, Stationery & Stores Purchase (Printing Wing) Deptt., Chanchalguda, Hyderabad
(with a request to publish the notification in A.P. Gazette and supply 1000 copies)

All Heads of Departments under the control of HM&FW Department.

The Registrar, NTR UHS, Vijayawada.

The Director, SVIMS, Tirupathi.

The Director, NIMS, Hyderabad.

All Principals of Medical Colleges in the State.

The Education Department.

The Social Welfare Department.

All Sections in the Department.

The Secretary to GOI, Min. of H&FW, New Delhi.

Copy to:

The P.S. to J.S. to Chief Minister

The Private Secretary to Minister (HM&FW)

The Law (E) Department.

The General Admn.(SPF) Department.

The Unit Co-ordinator, APTS, Secretariat Branch, Hyderabad.

SF/SCs.

//FORWARDED :: BY ORDER//

SECTION OFFICER

Note: This G.O. is available in the Internet and can be accessed at the address http://aponline.gov.in/apgons

Free Hepatitis B Vaccination for TN Medical Students

2009-06-30T20:18:00.000+05:30

தமிழ்நாடு அரசு

சுருக்கம்

மருத்துவக்கல்வி - 2000-2001 ஆம் ஆண்டிலிருந்து அரசு மருத்துவக்கல்லூரிகளில் சேரும் முதலாமாண்டு மாணவர்களுக்கு 3 முறை மஞ்சள் காமாலை தடுப்பு ஊசி (HEPATITIS ‘B’Vaccine) இலவசமாக போடுதல் - அனுமதி அளித்து ஆணை வெளியிடப்படுகிறது,

மக்கள் நல்வாழ்வு மற்றும் குடும்ப நலத்துறை

அரசாணை (நிலை) எண் .301 நாள்: 21.8.2000

படிக்க:-
மருத்துவக்கல்வி இயக்குநரின் கடித எண் 32682/ம2/2000 நாள் 27.4.2000

ஆணை:-

தமிழ்நாடு மருத்துவ பயிற்சி மாணவர்கள் மற்றும் பணிசாரா பட்ட/பட்டய மேற்படிப்பு மாணவர்கள் சங்கம் அரசு மருத்துவக்கல்லூரிகளில் சேரும் முதலாமாண்டு மாணவர்களுக்கு மஞ்சள் காமாலை தடுப்பு ஊசி (HEPATITIS ‘B’Vaccine ) இலவசமாக வழங்க வேண்டும் என அரசிற்கு கோரிக்கை மனு அனுப்பி உள்ளார்கள்.

2. இது குறித்து மருத்துவக்கல்வி இயக்குநருடன் கலந்து ஆலோசித்ததில் மருத்துவக்கல்வி இயக்குநர், அரசு மருத்துவக்கல்லூரிகளில் முதலாமாண்டு தோராயமாக 1115 மாணவர்கள் சேர்க்கப்படுகின்றனர் என்றும், மேற்படி மாணவர்களுக்கு 3 முறைகள் முதலாமாண்டில் ஹெப்படிடிஸ் பி வாக்சின் (HEPATITIS ‘B’Vaccine ) வழங்கப்பட வேண்டும் எனவும், 1115 மாணவர்களுக்கு 3 முறை ரூ.160 வீதம் ஹெப்படிடிஸ் பி வாக்சின் வழங்குவதற்கு விற்பனை வரி உட்பட தோராயமாக ரூ. 6,00,000/- (ரூபாய் ஆறு இலட்சம் மட்டும்) செலவு ஆகும் என தெரிவித்து செயற்குறிப்பொன்றை அரசுக்கு அனுப்பி உள்ளார். இச்செயற்குறிப்பினை ஏற்று இதற்கு 2210 மருத்துவம் மற்றும் பொது சுகாதாரம் தலைப்பின்கீழ் நிதி ஒதுக்கீடு செய்யுமாறு மருத்துவக்கல்வி இயக்குநர் கேட்டுள்ளார்.

3. மருத்துவக்கல்வி இயக்குநரின் செயற்குறிப்பினைஅரசு ஆய்வு செய்து,
2000-2001 ஆம் ஆண்டிலிருந்து அரசு மருத்துவக்கல்லூரிகளில் சேரும் முதலாமாண்டு மாணவர்களுக்கு 3 (மூன்று) முறை மஞ்சள் காமாலை தடுப்பு ஊசி (HEPATITIS ‘B’Vaccine) இலவசமாக போடுவதற்கு அனுமதி அளித்து அரசு ஆணையிடுகிறது. மேலும் இதற்காக ஆகும் செலவுத்தொகையை அரசு மருத்துவக்கல்லூரி மருத்துவமனைகளில் மருந்து வாங்குவதற்காக ஒதுக்கப்பட்ட பத்து சதவீதம் (Reserve) தொகையிலிருந்து செலவு செய்ய வேண்டும் எனவும் அரசு ஆணையிடுகிற

4. இவ்வரசாணை நிதித்துறையின் ஒப்புதலுடன் வெளியிடப்படுகிறது. (நிதித்துறை அலுவல் சார்பற்ற எண் 55218/சுகா,2/2000-1 நாள் 25.7.2000)

( ஆளுநரின் ஆணைப்படி )

எல்.கே.திரிபாதி

அரசுச்செயலாளர்

பெறுநர்
மருத்துவக்கல்வி இயக்குநர், சென்னை-10.
சம்பளம் மற்றும் கணக்கு அலுவலர், சென்னை-5
மாநிலக்கணக்காயர், சென்னை-18/5
கருவூலக்கணக்கு இயக்குநர், சென்னை-35.
பதிவாளர், தமிழ்நாடு டாக்டர் எம்.ஜி.ஆர் மருத்துவப்பல்கலைக்கழகம்,
சென்னை-32.

நகல்:-

முதலமைச்சரின் செயலர், சென்னை-9
மக்கள் நல்வாழ்வு மற்றும் மின்துறை அமைச்சரின் நேர்முக உதவியாளர்,
சென்னை-9

மக்கள் நல்வாழ்வு மற்றும் குடும்ப நலத் ( அ.ந.மு.பிரிவு 2/இம1/இம2) துறை,
சென்னை-9

நிதித்துறை, சென்னை-9.

//ஆணைப்படி அனுப்பப்படுகிறது//

Price tag for PG medical quota seats

2009-06-25T11:35:00.000+05:30

http://www.hindu.com/2006/04/12/stories/2006041212090400.htm

Price tag for PG medical quota seats

Special Correspondent

Rs. 20-lakh bond proposed for in-service PG candidates

HYDERABAD: In yet another twist to the controversial reservation of postgraduate medical seats to in-service candidates, the Government on Tuesday announced a price tag for the quota.

These candidates will have to serve the Government for a minimum specified period on completion of the PG degree and, in case of default on this commitment, cough up Rs. 20 lakhs. Details of this proposal are being worked out.

Medical students raised a furore over the Government's decision to increase the reservation for in-service candidates to 50 per cent in non-clinical courses while retaining the 30 per cent quota in clinicals. "In-service candidates will have to execute a bond for Rs. 20 lakhs while claiming the allotted PG seat. They can't say goodbye to the Government after completing the curse through reserved seat," said Health Minister K. Rosaiah. In-service candidates become eligible for the quota on completing two years' Government service in the tribal areas or for three years in other areas.

At a press conference here on Tuesday, the Minister along with Vice-Chancellor, NTR Health University, R. Sambasiva Rao justified the enhancement of the in-service quota on the ground that there was shortage of professors in Government medical colleges leading to the risk of de-recognition of the existing MBBS seats by the Medical Council of India. The council de-recognised 25 MBBS seats in Guntur Medical College last year on finding the posts of Professor vacant.

Mr. Rosaiah appealed to medicos and junior doctors to call off their agitation over the increased reservation for in-service candidates, realising the ground realities.

The Vice-Chancellor also justified adding of nine marks to all candidates who appeared for the entrance test for the PG seats. A second counselling would be held shortly.

SC smells a rat in all-India quota medical admissions

2009-06-19T00:13:00.002+05:30

http://timesofindia.indiatimes.com/India/SC-smells-a-rat-in-all-India-quota-medical-admissions/articleshow/4668203.cms

NEW DELHI: The Supreme Court on Wednesday smelt a rat in the admissions under the 50% all-India quota PG courses in state government-run medical

colleges and warned of a detailed probe if students successful in the second round of counselling were not accommodated in specified institutions.

It was the peculiar case of one Ruchika Arora that drew the court's attention to possible irregularities in the admissions to PG courses in the medical and dental colleges in various states under the all-India quota.

After being allotted a seat in the MDS course in Government Dental College in Amritsar in the first round of counselling held by the Directorate General of Health Services (DGHS), Arora participated in the second round of counselling and opted for Dental Sciences Chhatrapati Shahuji Maharaj Medical Univeristy, Lucknow.

On reaching Lucknow, she was informed by the university authorities that there was some communication gap between DGHS and the institution and that there was no seat for her. On returning to Amritsar, where she had deposited the fee, Arora realised that the seat vacated by her had already been filled up. For no fault of her, she is left in the lurch, senior advocate P S Narsimha informed the apex court.

A vacation Bench comprising Justices B Sudershan Reddy and Aftab Alam took strong exception to DGHS's excuse that there was a communication gap and asked it to ensure that she got admission in the Amritsar college.

When the DGHS official present in the court dithered and instructed counsel Naresh Kaushik to seek a direction in this regard to the concerned college, the Bench took exception and said: "It is a clear case for seeking damages. What do you mean by communication gap? Can the government take shelter behind such a plea?"

Then came the stringent warning: "If something happens and the child is deprived of admission, then drastic action will follow. We will reopen the entire admissions and order an inquiry."

As it transpired later, Arora's was not an isolated case regarding "communication gap". Counsel Prasanjit Keshwani told the court that his client Prashant Sadashiv Patil faced a similar fate and sought SC's intervention.

Keshwani said Patil was allotted a seat in MS (general surgery) at Gauhati Medical College after the first round of counselling. However, he decided to take the seat in the Institute of Post-Graduate Medical Education and Research (IPGMER) at Kolkata after the extended second round of counselling. Yet, on reaching Kolkata he was told that the all-India quota seats have been filled up because of a "communication gap". The SC decided to hear the case on Thursday.

CMC Vellore MBBS Selection Process Chennai High Court Judgement

2009-06-15T19:43:00.000+05:30

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2007

CORAM:

THE HON'BLE MR.JUSTICE A.P. SHAH, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P. JYOTHIMANI.

WRIT APPEAL Nos.494, 812 and 495 of 2007

P. Arunkumar ..Appellant in
WA.494 and 495 of 2007

J. Jotheebun ..Appellant in
WA.812 of 2007

Vs

1. The State of Tamil Nadu
rep. By its Secretary to Government
Education Department
Fort St. George
Chennai 9.

2. Tamil Nadu Dr. M.G.R. Medical University
No.69 Anna Salai
Guindy
Chennai 32
rep. By its Registrar.

3. Christian Medical College
Vellore 632 002
rep. By its Registrar. ..Respondents in
WA.494 of 2007

1. Christian Medical College
Vellore Association
rep. By its Secretary
Vellore
Tamil Nadu.

2. The Permanent Committee for the Conduct of Common
Entrance Examination in Private Colleges
NCB 7A
Greenways Road
Chennai.

3. The State of Tamil Nadu
rep. By its Secretary (Health)
Fort St. George
Chennai.

4. The State of Tamil Nadu
rep. By its Secretary (Education)
Fort St. George
Chennai.

5. The Tamil Nadu Dr.M.G.R. Medical University
rep. By its Registrar
40 A
Anna Salai
Chennai 32. ..Respondents in
WA.495 of 2007

1. Christian Medical College
Vellore 632 002
rep. By its Registrar
Vellore 632 002
Tamil Nadu.

2. Tamil Nadu Dr. M.G.R. Medical University
No.69
Anna Salai
Guindy
Chennai 32
rep. By its Registrar.

3. The State of Tamil Nadu
rep. By its Secretary to Government
Education Department
Fort St. George
Chennai 9. ..Respondents in
WA.812 of 2007

Writ Appeals are filed under Clause 15 of the Letters Patent Act against the Common Order of the learned single Judge dated 13.02.2007 made in WP.Nos. 32522, 18384 and 36500 of 2006 respectively.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For appellant in WA.494 & 495 of 2007 :
:Mr. R. Muthukumarasamy,Sr.Counsel for Mr. K. Ravichandra Babu
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For appellant in WA.812/07 :
:Mr.Vineet Subramani for Mrs. Gladys Danial
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For R3 in WA.494 and R1 in WA.495/07 :
:Mr.Anil Divan,Sr.Counsel for M/s. Ramasubramaniam Assts.
Assisted by Mr.Krishna Srinivas & Mr. A.L. Somayaji,Sr.Counsel
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For R1 in WA.494 R3&R4 in WA.495 & R3 in WA.812/07. :
:Mr. Raja Kalifulla Government Pleader
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

COMMON JUDGEMENT

(DELIVERED BY P. JYOTHIMANI,J.)

These writ appeals are directed against the common order passed by the learned single Judge dated 13.02.2007 made in W.P.Nos.32522, 18384 and 36500 of 2006 respectively, by which the writ petitions filed by the Christian Medical College, Vellore in W.P.No.18384 of 2006, stood allowed by setting aside the portion of the order of the Permanent Committee for the Conduct of Common Entrance Examination in Private Colleges, dated 10.06.2006 invalidating allotment of six seats for children of the members of the Staff of the Institution (CMC) and dismissing the other two writ petitions filed by the students in W.P.Nos.32552 and 36500 of 2006.

2. The first respondent Christian Medical College (CMC), Vellore (hereinafter referred to as Institution), is a Christian Minority Un-aided Professional Medical College, affiliated to the Tamil Nadu Dr.M.G.R. Medical University. The said institution is a registered Society, consisting of nearly 53 different Indian Christian Churches and Christian Organisations situated almost all the States in India with the objective of promoting education and consequential health care to students and patients belonging to the length and breadth of India and also several neighbouring countries. This institution has been in existence for the past 100 years, admitting students in Unaided, Non-capitation Fee with minority status based on merit on all India basis by conducting All India Common Entrance Examination, followed by an in-depth interview and the said method is stated to have been in vogue for the past 55 years.

2(a). The said Institution has started its first Post-Graduate programme in 1950 and as on date there are 11 Post-Graduate Medical Diploma courses; 20 Post-Graduate Medical Degree Courses and 9 Higher Speciality courses approved by the Tamil Nadu Dr.M.G.R. Medical University. That apart, there are M.Sc., courses in 4 Medical Sciences and 21 Departments are recognised for Ph.D., training.

2(b). In respect of M.B.B.S. course conducted by the Institution, the total sanctioned strength of the students is 60. Out of the total strength 84% of the seats, viz., 50 seats are reserved for candidates from Christian minority community; remaining 16% of seats, viz., 10 seats are filled up in the following manner:

(i) 7 seats are filled up on all India Open Competition basis;

(ii)2 seats reserved for SC/ST category of students; and

(iii)1 seat for candidate nominated by the Government of India.

The remaining 50 seats are filled up in the following manner:

(i)10 seats are filled up from the Christian candidates from socially and economically backward States;

(ii)Out of the remaining 40 seats, 6 seats are filled up from the children of the eligible members and staff of the Institution in lieu of NRI quota and the remaining 34 seats are filled up from among Christian minority candidates on the basis of All India Open Competition.

2(c). The method of selection is by conducting All India Common Entrance Examination for 40% weightage; Tasks test with 20% weightage and interview by Group Observers with 40% weightage. With regard to Christian minority students, out of the 40% weightage for interview, 10% is for written test on Bible knowledge and the remaining 30% for oral interview. The written tests are conducted for 300 marks in five subjects, viz., Physics, Chemistry, Biology, General ability, Speed and Accuracy. The marks obtained by the candidates are subsequently made in the form of Grade under the Stanine Grading System and according to the Institution, selection in the said manner is in vogue for the past many years without any complaint whatsoever only based on merit in a transparent manner and without any exploitation.

2(d). It is also the case of the Institution that no capitation fee is collected from the students selected and the tuition fees itself is much less than even the fees fixed by the Government. Since the students belonging to minority are drawn through out India all live together in the campus with practical demonstration and national integration.

2(e). It is the case of the Institution that the students of minority category who are admitted, have to give a commitment to go back after the completion of the Under Graduate education and work for atleast two years in the hospitals run by the Churches. According to the Institution, the process of selection is proved to be a grand success. When the State Government insisted for implementation of the scheme as framed by the Supreme Court in Unni Krishnan's case (1993 (4) SCC 111), the Institution has moved the Supreme Court in 1993 by filing Writ Petition No.482 of 1993 under Article 32 of the Constitution of India, which was admitted and the Supreme Court was pleased to grant interim orders, permitting the Institution to carry on its own admission procedure and similar orders have been passed till 2003. After the judgement of the Supreme Court in Islamic Academy of Education vs. State of Karnataka (2003 (6) SCC 697) in the year 2003, by which the State Government has constituted Two Committees and pending the constitution of such Committees also the Supreme Court has permitted the Institution to follow the previous practice in respect of admission, which has been followed for the past 55 years.

2(f). Likewise, in the year 2004-2005 also when the Committees were yet to be constituted by the State Government, on filing of Writ Petition in W.P.No.7380 of 2004, this Court in WPMP.No.8728 of 2004 has granted an order of interim injunction on 04.03.2004, restraining the respondents therein from interfering with the admission of students to the medical and other courses for the academic year 2004-2005 by the Institution. When a clarification was sought for in the Supreme Court in respect the decision rendered in 2003 (6) SCC 697 (cited supra), in the writ petition filed by Catholic Bishop's Conference of India Society for Medical Education running the institution like St. Johns Medical College, Bangalore, in W.P.No.330 of 2004, the Supreme Court by an order dated 30.07.2004, has clearly recognised the rights of the said institution, including that of CMC, Vellore to follow their own procedure for admission. Ultimately, after that, the institution has also filed an intervening petition in I.A.No.5 of 2005 in W.P.No.330 of 2004. The Apex Court by order dated 12.08.2005 has held that Minority Un-aided Educational Institutions are protected by Article 30(1) of the Constitution of India and they are free to admit all students of their own community and that the States have no right to enforce the policy of reservation on them. At the same time, the Supreme Court has also held that the States were entitled to constitute Committees for monitoring the admission procedure and determining fee structure respectively to avoid exploitation and to preserve merit and transparency in admission.

2(g). It is the case of the Institution that after the State Government has constituted the Permanent Committee for Common Entrance Test for Private Educational Institutions, it has dismissed the application made by the College on 12.07.2005. The petitioner has filed I.A.No.6 of 2005 in W.P.No.261 of 2003 in the Supreme Court, praying for an order of stay of the Committee and also for direction to the Institution to continue to admit students as per the practice in vogue for the past 55 years. The Supreme Court by an order dated 25.07.2005, while staying the portion of the order of the Committee dated 12.07.2005, permitted the Institution to follow the same procedure of admission as it was held in the year 2004-2005.

2(h). After the Supreme Court has disposed of the batch of cases in P.A. Inamdar vs. State of Maharashtra (2004 (8) SCC 139), the above interim orders passed by the Supreme Court in respect of the Institution have been merged. In the meantime, for admission in the year 2006-2007, the members of the governing council of CMC, Vellore, have devised a new mechanism, by effecting changes based on the observations made by the Permanent Committee in the order dated 12.07.2005. The Committee has taken exception in respect of the filling up of 39 seats based on the sponsorship of candidates from the members of the Churches and Organisations based on interse merit. It was based on the observation of the Committee, the Council governing the Institution has taken a decision that in respect of 34 seats, the selection should be from among the Christian minority candidates on All India Open Competition basis by removing the sponsorship. For the academic year 2006-2007, when the Institution has issued notification for admission of students and at that time when a representation was made to the Committee, the Committee, has permitted the Institution to have its own admission procedure by order dated 10.06.2006, recognising the basis and procedure adopted as being fair and non-exploitative, however, took exception in respect of admission of six candidates from the children of eligible members of the staff of the Institution. It is, as against that portion of the order of the Committee dated 10.06.20096, the College has filed W.P.No.18384 of 2006.

3. The petitioners in W.P.No.32552 and 36500 of 2006 were students, who have applied for admission to MBBS course in the year 2006-2007 and in the Entrance Examination conducted by the Institution, the writ petitioner in W.P.No.32552 of 2006 was given B Grade, which is in between 79% to 89%. Likewise, the petitioner in W.P.No.36500 of 2006 was given B+ Grade in the entrance examination, having obtained the mark between 90 to 96%. They have also participated in the Group Task as well as Interview, in which according to them, they have fared very well. However, they were not selected for the year 2006-2007 and therefore they have filed Writ Petitions for direction against the Institution to admit them based on the marks obtained by them in the Entrance Examination, contending inter-alia that they also belong to the Christian minority, but the method of selection followed by the Institution is not transparent or understandable. It was their further case that the 10 students out of 50 allotted to minority candidates are admitted from the States like North-Eastern States, wherein Christians were non-minority, that admission to six students of eligible staff members of the Institution is not legal, that non-publishing of rank list in the Entrance Examination vitiates the process of selection, apart from other grounds. It is also their case that by the selection process followed by the Institution, the triple test enunciated by the Supreme Court, viz., Merit, Transparency and Non-exploitative has not been scrupulously followed and therefore, the selection process is bad. It is their further case that more than 40% marks allotted for interview is against the decision of the Supreme Court, wherein a ceiling limit of 15% marks was fixed for interview. Further, the Institution is not entitled to claim protection under Article 30(1) of the Constitution of India, since it has not admitted predominant students of Christian minority belonging to the State of Tamil Nadu, even though a sprinkling of such students could be admitted from other States.

4. The learned single Judge has formulated the contentions raised on behalf of the said writ petitioners/students in the following five heads, which reads as under:

(a) The Institution conducts (i) a Common Written Entrance Examination to which 40% of the marks are allotted, (ii) certain tests terms as Group Tasks for which 20% of the total marks are allotted and (iii) an interview for which 40% of the total marks are allotted. In respect of Christian students, the marks allotted for interview are reduced to 30% of the total marks and they are made to write a Written Test in Bible knowledge, to which 10% of the total marks are allotted. Therefore, the first issue raised by the unselected candidates is as to whether an Institution is entitled to allot 40% of the total marks for interview, in the light of various decisions of the Supreme Court fixing a ceiling limit of 15% of marks for interview.

(b) Even the allotment of marks in the Written Examination, Group Tasks and Interview, are not done in a straight, plain and simple manner. The marks are converted at every stage into a system known as Stanine Grading and the selection of candidates finally depends upon the grade obtained by them, in the final tally, which according to the unselected candidates failed the test of transparency in the matter of selection.

( c ) As a minority educational institution claiming protection under Article 30 of the Constitution, the Institution was obligated to admit a predominant number of students belonging to the State of Tamilnadu, though a sprinkling of such students from other States could also be actually admitted only 5 candidates belonging to the Christian minority community from the State of Tamilnadu, thereby failing the test of State as the unit for determining the minority status of the Institution.

(d) The reservation of 10 seats made by the Institution for Christian candidates from socially and economically backward States, included within its ambit, candidates from the North Eastern States. Two of the North Eastern States have Christians as the majority population and hence according to the unselected candidates, the selection of Christian students from States in which they form a majority, defeated the purpose of grant of minority status and also violated the law laid down by the Supreme Court.

(e) The question whether the reservation upto six seats for the children of eligible members of the staff of the Institution falls within the frame work of reasonable classification permitted by the Constitution is the last issue raised by the unselected candidates and the same has also been found against the Institution by the Permanent Committee.

4(a). After considering each and every one of the points raised, the learned Judge, while dismissing the writ petitions filed by the students and allowing the writ petition filed by the Institution has held that, allotting of 40% of the total marks for interview in the selection process adopted by the Institution cannot be blindly held to be vitiated. In respect of the selection process, viz., Stanine Grading, Group Tasks followed by the Institution, the learned Judge has held that, inasmuch as the method of procedure has been adopted for many years even though the process is complicated, it was evaluated by the specialists in the field, and the same cannot be lightly set at naught.

4(b). Regarding the issue relating to the number of students belonging to minority to be admitted from State of Tamil Nadu, the learned Judge, relying on the ratio laid down by the Supreme Court In re Kerala Education Bill, 1957, AIR 1958 SC 956, wherein the Twin Object Test was laid down and by taking into consideration of the status of the Institution, which is belonging to Christian minority, conducting examination on all India basis and on the application of the wider sense of the word minority has held that there is no error on the part of the Institution in admitting large number of Christian minority students from other States.

4(c). While dealing with the admission of 10 seats reserved for the Christian students from the States where they are majority, considering that on fact, only one Christian student from Mehalaya State, wherein Christians are majority was admitted, and therefore, the same can be considered only as a sprinkling, which is permitted in Kerala Educational Bill case (cited supra) upto the latest judgement of the Supreme Court in P.A. Inamdar's case (2004 (8) SCC 139), the learned Judge has held that the contention raised in that regard was not tenable.

4(d). While dealing with the six seats for children of staff members of the Institution, the learned Judge has approved the same on the principle of institutional preference and also on the basis that such preference will strengthen the value base and moral para-meters, for which the Institution stands.

5. It is, as against the said common order of the learned single Judge, the above appeals are filed. The order of the learned single Judge is assailed by the appellants on various grounds, viz.,

(i) The procedure adopted by the Institution for selection is unfair and not transparent;

(ii) The stanine grading system is not only un-understandable and in that sense of view, the procedure is not transparent and therefore, the selection based on the same cannot be held to be based on merits;

(iii) The selection process consist of 40% for Entrance Examination while the remaining 60% is in effect allotted for oral interview even though it is stated that 20% is for Group Tasks. In view of the above said predominant role given for oral interview in the selection process, the entire process of selection is vitiated, since the Supreme Court in St. Stephen's case (1992 (1) SCC 558) has held that 15% for the oral interview can be the permissible limit generally;

(iv) In the oral interview, questions were posed to the students which are not only irrelevant to the course to which they have applied, but such questions which can have different answers in common parlance and there are no proper guidelines for the purpose of assessing the value of the students and therefore, the selection process should not be termed as non-exploitative in nature;

(v) The selection process is against the principles laid down by the 11 Judge Bench decision of the Supreme Court in T.M.A. Pai Foundation case (2002 (8) SCC 481).

(vi) The reservation for the Wards of staff is illegal. The seats which are allotted for NRIs cannot be granted to the children of the staff members of the Institution.

6. Mr.R. Muthukumarasamy, learned senior counsel appearing for the appellant in W.A.No.494 of 2007 would submit that the procedure adopted by the Institution is non-transparent and unfair and opposed to the law declared by the Supreme Court in P.A.Inamdar's case (2004(8)SCC 139).

6(a) He further submitted that by the process of evaluation of answer sheets in the Entrance Examination, by which the arithmetical marks are converted into stanine grade and later sought to be evaluated for 40%, while the remaining 60% is assigned for Bible test, Group Tasks and interview in the form of 10, 20 and 30 marks respectively, has resulted in the candidates obtaining higher marks in the Entrance Examination to get lesser rank on account of the stanine grading and also in the Group Tasks and oral interview and the said process is opposed to the law laid down by the Supreme Court in T.M.A. Pai Foundation case (2002 (8) SCC 481).

6(b). He would also submit that in paragraphs 58 and 59 of the judgement in T.M.A. Pai Foundation case,the Supreme Court has held that in respect of professional education, greater emphasis must be shown on merit, which is usually determined on the basis of the marks obtained in the qualifying examinations, followed by interview or by common entrance test. Basing reliance on the judgement of the Supreme Court in P.A. Inamdar's case he submits that there should be distinction between professional and non-professional educational institutions and in respect of professional education, merit and excellence alone should be the criteria and by applying the above said tests, according to the learned senior counsel, the procedure should be deemed to be non-transparent and unfair and cannot be termed as merit based.

6(c). He would further submit that allotting of 20% for Group Tasks and 30% for interview shows that the same has no connection with the merit of the candidate at all. It is also his submission that when the applicants are in the age group of 17 to 19 years, such a high percentage given for oral interview can only result in the arbitrariness in the selection process, which will be violative of Article 14 of the Constitution of India as held by the Supreme Court in Ajay Hasia's case (1981 (1) SCC 722). The right of the Institution under Article 30 of the Constitution as a minority institution must be in conformity with Article 14 of the Constitution of India and according to the learned senior counsel, the prescription of marks for interview if it is above 15%, the same is not only violation of Article 14 of the Constitution, but is also against the dictum laid down by the Supreme Court in Ajay Hasia's case.

6(d). He would further submit that the reservation of 6 seats in favour of the children of the staff of the Institution is unconstitutional. He would refer to the order of the Permanent Committee for Common Entrance Test for Private Educational Institutions dated 10.06.2000, wherein the Committee has held that such reservation is not permissible. The learned senior counsel contends that the word institutional preference has a distinct meaning and the children of the staff of the Institution would not fall within the category of Institutional Preference. The classification according to him would not satisfy the twin test of Article 14 and such classification based on constitutionally prohibited category and based on descent, and therefore, it constitutes an unreal classification having no nexus to the object sought to be achieved.

6(e). He would also submit that the Institution being a minority institution, must cater to the needs of the students of the minority community of the State of Tamil Nadu, in which it is located, by filling up only a sprinkling of seats from minority students of other States. Inasmuch as it is well settled that State is the unit for determining minority status, as observed by the Supreme Court in P.A.Inamdhar's case, and on fact only five students have been admitted from the State of Tamil Nadu in this year, it violates the norms laid down by the Supreme Court.

7. Mr. Vineet Subramani, learned counsel appearing for the appellant in W.A.Nos.812 and 495 of 2007, apart from adopting the arguments of Mr. R.Muthukumarasamy, learned senior counsel, would submit that the individual task for which 20% of marks have been allotted and it took only three minutes for each of the students and the conversation during this short period of time could not be for the actual task matter and only on the subjective issue, which require a high maturity mind and the same cannot be expected from the students of the age group of 16 to 18 years.

7(a). It is also his submission that the Test Observers of each group are different and therefore there is a possibility for different assessment by different staff members and there is no chance for comparison to have a common selection process. He would also refer to the various questions asked in the interview like the opinion of the students about love marriage and arranged marriage, etc. and contend that the same cannot be the ground for selection of students to MBBS course.

7(b). He would submit that by considering the entire process, 60% of total weightage is given to the interview process, which is not permissible. According to him, the appellant has secured C+ Grade and the Institution has admitted candidates who have secured C+ Grade, while the appellant was not given admission.

7(c). He would also submit that only 5 candidates belonging to the Christian minority in the State of Tamil Nadu were admitted by the Institution. Further, the reservation quota of six seats for staff of the Institution, which was allotted to the candidates is regardless of religious beliefs and therefore the staff quota is not connected with the Christian minority status.

7(d). The learned counsel would submit that when 60% is allotted for oral interview, the question is, as to whether such weightage actually distorted the written examination and marks secured in the qualifying examination, especially when the Supreme Court has held that the allocation generally for interview may not be more than 15% by referring to Ajay Hasias's case (1981 (1) SCC 722) and also in Mohinder Sain Garg Vs. State of Punjab (1991 (1) SCC 662), apart from Ashok Kumar Yadav vs. State of Haryana (1985 (4) SCC 417). His submission is that the admission to the professional courses must be based on merit subject to objective and rational procedure of selection as laid down by the Supreme Court in T.M.A. Pai Foundation case (2002 (8) SCC 481) and the merit should be the criteria.

7(e). By placing reliance on the judgement of St. Stephen's case, he would also submit that the oral interview as a supplementary test cannot be taken as exclusive test for assessing the suitability of candidates and the identifying circumstances can be only,

(i)common qualifying examination which would enable comparison of the relative merit of candidates;

(ii)a single/same Interview Committee that interviewed every candidate; and

(iii)admission was based on a consensus taking into account the views of each member of the common Interview Committee.

7(f). He would also submit that inasmuch as there are no norms prescribed for admission, which is objective and transparent, the interview by which 60% of mark is given cannot be treated as transparent and it will only result in nepotism and arbitrariness.

7(g). He further submit that the interview process even if it is legal, it must be connected with the object to which the candidate is seeking admission. His further submission is that the first respondent has never revealed the selection process, the initial and/or final results. He would submit that the selection process in the interview based on poverty; overcoming social/family hardship and societal/charitable activity was identified only in respect of one candidate as per the papers produced before the Court. Therefore, according to him, the entire process of selection followed by the Institution are opposed to the triple test of merit, transparency and non-exploitative.

8. On the other hand, Mr. Anil Divan, learned senior counsel appearing for the Institution while referring to the special features and unique nature of the Institution has forcefully contended that the uniqueness of this Institution has been consistently recognised by the Supreme Court from 1993 in various orders passed from time to time, including the latest judgement in P.A. Inamdar's case (2004 (8) SCC 139). He would submit that uniqueness of the Institution lies in the commitment to the care of the under privileged, women and children following the footsteps of the founder Dr.Ida Sophia Scudder. He would also submit that the tuition fee charged for MBBS course for the last several years is only Rs.3000/- per annum, much less than the fee fixed by the State Government in its Medical Colleges and also lower than the fee fixed by the Committees constituted as per the direction of the Hon'ble Supreme Court. He would submit that the motivation is to serve through the selection process and strengthen by modified Gurukul system of education with compulsory residence in hostels and assigning students as Foster Children to Faculty families. The idea is to create a potent re-inforcing factor. He would submit that the Institution has been admitting students on All India basis with an Entrance Examination and interview from 1948 and the same has never been challenged at any point of time in any Court of law and according to him the system evolved by the Institution has been subsequently followed by other institutions like All India Institute of Medical Sciences. He would also submit that every single student called for interview is academically meritorious and qualified to undergo the training as a Doctor and elaborate interview process assesses the suitability and adaptability for that training to be imparted in the Institution, which is unique in keeping with its mission and objectives.

8(a). He would elaborately clarify as to how the interview was conducted for three days with a close scrutiny of candidates at every stage and as to how the Group Observers have spend with the candidates to assess their suitability for training at Vellore. He has submitted that the Group Observers are from senior faculty of the Institution who interview them individually based on the pre-established criteria and guidelines to assess their suitability for being trained as Doctors at the Institution. He has also taken pain to explain the stanine system, as to how the system has been acclaimed world wide and followed without any objections from any part and he has also explained as to how the grading system in respect of each subjects have been in stanine mode and as to how they are converted from Grade to Score and Score added upto Preliminary Test Average (PTA) Grade.

8(b). The learned senior counsel would also place reliance on the judgement of the Supreme Court in St. Stephen's College vs. University of Delhi (1992 (1) SCC 558), wherein the Supreme Court has permitted to allot 100% marks for interview having regard to the objective and purpose for which the Institution was established, by taking into consideration of the judgement in Ajay Hasia's case (1981 (1) SCC 722) and the same was subsequently considered and approved by the 11 Judge Bench of the Supreme Court in T.M.A. Pail Foundation case (2002 (8) SCC 481).

8(c). He would also submit that short listing of candidates for calling for interview was based on academic merit by taking into consideration of marks in each one of the five subjects in the entrance examination and by Grading Standard Nine or Stanine system. In respect of the reservation of six seats for children of staff he would refer to the judgement of the Supreme Court in P.A. Inamdar's case, wherein the allotment of seats under NRI category subject to not exceeding 15% for the purpose of utilising the money received under the said category for benefiting the students, such as economically weaker section of the society was approved.

8(d). According to the learned senior counsel, the first respondent Institution does not have the NRI quota or Management quota or any reservation for the Founders of the Institution and the six seats are given to the benefit of the staff of the Institution, who are the human wealth, to whom the small privilege has been extended. He would also submit even allotment of six seats are clearly based on the guidelines as stated in the prospectus, viz., that the staff members should have completed 10 continuous years of service in the Institution or retired or died after having worked in the Institution for 10 continuous years, for whose children, the criteria of eligibility has been conferred, of course by following the merit system. He would also submit that such reservation is having a reasonable and intelligible differentia and having a rational basis.

8(e). He would also submit that the Institution is a All India Institution having been established in the year 1900, catering to the needs of the minority, viz., Christian, and therefore, it cannot be said that it should cater to the required needs of the Christian minority from the State of Tamil Nadu alone, especially when All India character of the Institution has been recognised by the Universally.

8(f). He would submit that in respect of the admission of Christian students from States where they are majority, it is only sprinkling number of students who have been admitted and that is also recognised by the Supreme Court in Kerala Educational Bill case (AIR 1958 SC 956).

9. We have heard Mr. R. Muthukumarasamy, learned senior counsel for the appellant in WA.No.812 of 2007, Mr. Vineet Subramani, learned counsel for the appellant in W.A.Nos.494 and 495 of 2007 and Mr. Anil Divan, learned senior counsel for the Institution and perused the order of the learned single Judge apart from all other records.

10. On the total analysis of the issues involved in this case, the following points are arise for consideration:

(i)Whether the process of selection and its procedure and method followed by the Institution for selection of First Year MBBS course in the year 2006-2007 is fair and can be treated as the selection based on merit and transparent. Broadly this includes the marks allotted for the competitive written examination, group tasks and the validity and legality of allotment of 40% marks for interview and the method of Stanine Grading system?

(ii)As a minority educational Institution claiming protection under Article 30 of the Constitution of India, can the Institution be permitted to admit only a few students belonging to the minority religion from the State of Tamil Nadu, while the test for determining minority is by way of State as the unit?

(iii)Whether the reservation of six seats for the children of eligible members of the staff of the Institution is reasonable?

(iv)Whether the reservation of 10 seats for the candidates from socially and economically backward States is permissible, when the States from which students were admitted were not minority in respect of Christian religion based on population?

11. Before adverting to the above said points, we are of the view that consideration of the nature of the Institution, objects for which it was started and its working in these years and also the various orders passed by the Apex Court in respect of the Institution relating to the manner of admission, will give a definite and lasting solution to the issues involved in this case.

12. The Christian Medical College, Vellore, which is governed by a registered Society called Vellore Christian Medical College Association enumerates in its bye-laws, its objectives as "the establishment, maintenance and development of Christian Medical College and Hospitals in India, where women and men shall receive an education of the highest grade in the Art and Science of Medicine and of Nursing, or in one or other of the related professions, to equip them in the spirit of Christ for service in the relief of suffering and the promotion of health." The Institution is an Un-aided, Minority Educational Institution, without collecting capitation fees from the students and is in existence for over 100 years. In the past nearly 55 years, the Institution has been following the method of admission on the All India Entrance Examination, followed by an in-depth interview.

13. The Institution was started in the year 1891, when 21 year old Ida Sophia Scudder, the daughter of an American Missionary staying in Tindivanam was virtually affected by the death of three young Indian women during child birth for want of proper medical aid. It was with the idea that the women in India needed women Doctors to look after them, the said Ida Scudder is stated to have returned to United States and graduated as the First Woman Doctor from Cornell University and after obtaining training in Obstetrics and Gynaecology, she returned to India in 1900 and started a small clinic at Vellore. Thereafter, she started Training Compounders in 1903 and Nurses in 1909. Due to the intervention of the First World War, she was able to start the Missionary Medical School for Women, to make them as a licentiate medical practitioner only in the year 1918. In 1942, the course was upgraded to MBBS course, affiliated to Madras University. Admission was thrown open for the MBBS course in the year 1947. Initially, the Institution which was started in the Madras Presidency, which included the present Tamil Nadu and other States of Kerala, Karnataka and Andhra Pradesh, and gradually the activities of the Institution was expanded by making the admission of students on All India Entrance Examination followed by an in-depth interview from the year 1948. In the year 1960, the number of intake of under-graduate MBBS students was increased to 60 and thereafter, large number of Higher Speciality Courses, Post-graduate Medical courses, Allied Health Science courses and Courses in Nursing have been developed.

14. It is also stated by the Institution that on the analysis of the data in the Alumni Office of the Institution in 2002, it has shown that upto 1992, 66% of the Medical Graduates from the Institution were serving in India and 4 out of 5 of them were in Rural areas. The Institution is the first in the country to admit students on All India basis with an Entrance Examination and interview from 1948 and it also remains a fact that till date the admission procedure has not been challenged in any Court of law, except in the present writ proceedings. Therefore, the emphasis is on the objectives of the Institution to the ideal of service to the disadvantaged and the marginalised based on the mandate by Christ and it is in accordance with the said ideology the process of selection is made. It is with that background the selection process as enumerated above have been followed by the Institution in these long number of years.

15. The said procedure which are unique and followed by the Institution under the special circumstances stated above, viz., in accordance with the spirit of the religious and service motive has been consistently recognised by the Supreme Court from 1993, as it is seen on records. It is on record that the Institution, in 1993, has approached the Apex Court by filing W.P.No.482 of 1993, which is also stated to be forming part of the batch of cases decided in T.M.A. Pai Foundation case (2002(8) SCC 481). That was the time when based on the judgement of the Supreme Court in Unni Krishnan's case (1993(4) SCC 111), the State Government has directed the Institution and other Institutions to implement the Scheme framed in the above case. The said writ petition was filed under Article 32 of the Constitution of India, challenging the said action of the State Government and the Apex Court by an interim order dated 05.07.1997, while admitting the writ petition passed as follows:

"Issue notice returnable within 10 days.

In the meantime, the State of Tamil Nadu shall not allot any seat in the petitioner Institution for admission to any other candidate not selected by the petitioner. "

The Five Judge Constitution Bench of the Apex Court while dealing with the prayer in the said Writ Petition, viz., W.P.No.482 of 1993 and taking note of the fact that the admission in the Institution is done on the basis of merit, without capitation fee, fee charged is not more than the one charged by the Governmental Institutions and there has been no complaint about the working of the Institution, has permitted the Institution including another Institution to admit students by following the procedure on the basis of the admission done in earlier years, however, stating that it is open to the Government to bring any irregularities pointed out and if such irregularities are brought to the notice of the Court, it would result in serious consequences. That was the judgement rendered in Shahal H. Musaliar vs. State of Kerala (1993 (4) SCC 112). The following portion are relevant for the purpose of this case.

" 15. The petitioner in W.P. No. 482 of 1993 runs a medical college at Vellore in the State of Tamil Nadu. According to the petitioner, it is a well-reputed institution, admission to which is made on the basis of an All-India entrance test conducted by the petitioner. It is stated that admissions are made on the basis of merit. It is submitted further that the college does not charge any capitation fee, that the fees charged by it is not more than the fees chargeable in similar governmental institutions and that there has never been any complaint about the working of the petitioner-institution. Shri Sitaraman, learned counsel for the State of Tamil Nadu does not dispute the above averments though we may record again that no counter has as yet been filed in the matter. It is submitted by Shri Salve for the petitioner that during the vacations, a learned Single Judge has made an interim order in this writ petition directing the State of Tamil Nadu not to allot any seats to the petitioner-institution for admission of candidates not selected by the petitioner. Shri Salve, learned counsel for the petitioner submitted further that the process of admission is complete though admissions as such have not been made in view of the aforesaid orders of this Court.

16. Having regard to the above circumstances, we permit the petitioners in the above two writ petitions to admit students to their colleges on the basis of entrance test conducted by them and on the same basis on which admissions were made by them in the said colleges in the previous academic year. After completing the admissions, the petitioners shall furnish full particulars of the students admitted, the categories, if any, whereunder they were admitted and all other particulars relating to their admission. This information should be furnished to the competent authority, to the University to which the said colleges are affiliated and to the Secretary, Education Department, Government of Karnataka/Tamil Nadu. The said authorities shall verify whether the admissions have been made by the petitioners in accordance with the directions given herein. In case of irregularity, any of the said authorities shall be entitled to call upon the petitioner to rectify the said irregularity. It shall also be open to the competent authority, University and the Government of Karnataka/Tamil Nadu to bring any such irregularity to the notice of this Court by way of an interlocutory application for appropriate orders in that behalf. It is made clear that any violation of the directions given herein by the petitioners shall entail serious consequences inasmuch as the above orders are made based upon their representations and even before a counter-affidavit has been filed by the respective respondents in view of the urgency expressed by them."

16. That was again reiterated by the Five Judge Constitution Bench in T.M.A. Pai Foundation and others Vs. State of Karnataka and others in W.P.No.555 of 1993 dated 05.04.1994, in which W.P.No.482 of 1993, filed by the Institution was also forming part. The order runs as under:

"... Similarly as regards Writ Petition No.482 of 1993, it was observed that according to the petitioner in that case the medical college run by it at Vellore in the State of Tamil Nadu is a well reputed institution, admission to which is made on the basis of All-India entrance test conducted by the petitioner and that the admissions are made on the basis of merit and the fee charged by it is not more than the fees chargeable in similar governmental institutions and that there has never been any complaint about the working of this institution and it was observed that this fact was not disputed by Shri Sitaraman, learned counsel for the State of Tamil Nadu. ..."

17. Likewise, in I.A.No.5A in WP.(C)No.482 of 1993 filed by the Institution for the year 1995-1996, the Apex Court by order dated 06.03.1995, permitted it to follow the same process of admission, which reads as under:

" The petitioner may grant admission for academic year 1995-96 for the MBBS First Year Course and also the other allied courses as per directions contained in the interim order of this Court dated August 18, 1993 and April 5, 1994 by conducting their own entrance test examination. I.A. is disposed of accordingly.

This court has been permitting the holding of entrance tests by the institutions themselves for the last 3 years by interim orders. The Registry to place the papers before Hon'ble the Chief Justice for obtaining fresh directions regarding constitution of the 7 Judge Bench to hear the case which was already heard by the 7 Judge Bench at length."

18. Similar orders were passed by the Apex Court for 1996-1997 in I.A.No.6 in W.P.(C)No.482 of 1993 dated 01.02.1996; for the academic year 1997-1998 in I.A.No.7 in WP.(C)No.482 of 1993 dated 29.01.1997; for 1998-1999 in I.A.No.8 in WP.(C)No.482 of 1993 dated 16.01.1998. Ultimately, it was in T.M.A. Pai Foundation case, the Apex Court has delivered judgement on 31.10.2002, recognising the rights of minorities under Article 30 of the Constitution of India and also the rights of Un-aided Minorities like that of the first respondent Institution. The Supreme Court in T.M.A. Pai Foundation case has prescribed certain percentage of seats to be allotted to the Government to satisfy the local needs in para 68, which reads as follows:

"68. .... For instance, a certain percentage of the seats can be reserved for admission by the management out of those students who have passed the common entrance test held by itself or by the State/university and have applied to the college concerned for admission, while the rest of the seats may be filled up on the basis of counselling by the State agency. This will incidentally take care of poorer and backward sections of the society. The prescription of percentage for this purpose has to be done by the Government according to the local needs and different percentages can be fixed for minority unaided and non-minority unaided and professional colleges. ... "

19. It is based on the said paragraph of the judgement of the Supreme Court, the State Government has issued G.O.Ms.Nos.96 and 99, requiring the Institution to admit students only in respect of 60% of the seats from the minority quota preferably from the All India Common Entrance Test held by the Institution and the balance 40% to be given to the State Government to be filled up through the Common Entrance Test held by the Government. It was challenging the said Government Order, the Institution has filed W.P.No.261 of 2003 in the Supreme Court and by a detailed interim order dated 03.07.2003, permitting the Institution to follow the same procedure for the academic year 2003-2004, the Apex Court has ordered as follows:

"Heard on the question of grant of interim relief. It is not disputed that the petitioner-institution is an unaided minority medical college and the admissions are made on merit based on All India Common Entrance Test conducted by the petitioner. The learned counsel for the petitioner states that the petitioner College does not charge any capitation fee. The college has 60 seats for M.B.B.S. Course. Presently the seats are being filled up in the following manner:

-----------------------------------------------------
Seats reserved for Minority Community 45
-----------------------------------------------------
Seats kept apart voluntarily by the
petitioner Institution for the
following categories:
===================================
1. Open Merit 7
-----------------------------------------------------
2. SC/ST 3
-----------------------------------------------------
3. Economically Disadvantaged 4
-----------------------------------------------------
4. Central Government nominee 1
-----------------------------------------------------
------
Total 60
------
-----------------------------------------------------

The learned counsel for the parties have made their extensive submissions based on the 11 Judge Bench decision of this court in T.M.A. Pai Foundation and others vs. State of Karnataka and others in (2002(8) SCC 481). Our attention has been invited, in particular, to paragraph Nos.68, 138, 139, 144, 145, 149 and 161 (question No.4 and answer thereto). Prima facie, we are of the opinion that the allotment of seats in an unaided Minority Institution cannot be controlled by the Government. It is therefore, directed that for the current year i.e. 2003-2004 the allotment of seats shall be done in the same manner as has been done hitherto i.e. 45 seats shall be reserved for Minority Community and 15 seats shall b e kept apart from the categories open merit, SC/ST, economically disadvantaged and the Central Government nominees, as has been done before.

This is an interim arrangement and shall be subject to final decision in the writ petition.

However, all these allotments shall be without violating the rule of merit. "

20. Again, the said writ petition filed by the Institution was heard by the Five Judge Constitution Bench of the Apex Court together with several related matters in Islamic Academy of Education vs. State of Karnataka (2003 (6) SCC 697), wherein also the Supreme Court has again recognised the special features of the first respondent Institution in para 17, as follows:

" 17. At this juncture it is brought to our notice that several institutions, have since long, had their own admission procedure and that even though they have been admitting only students of their own community no finger has ever been raised against them and no complaints have been made regarding fairness or transparency of the admission procedure adopted by them. These institutions submit that they have special features and that they stand on a different footing from other minority non-aided professional institutions. It is submitted that their cases are not based only on the right flowing from Article 30(1) but in addition they have some special features which require that they be permitted to admit in the manner they have been doing for all these years. A reference is made to few such institutions i.e. Christian Medical college, Vellore, St. John's Hospital, Islamic Academy of Education et. The claim of these institutions was disputed. However, we do not think it necessary to go into those questions. We leave it open to the institutions which have been established and who have had their own admission procedure for, at least, the last 25 years to apply to the Committee set out hereinafter. "

21. It was consequent on the judgement of the Constitution Bench in Islamic Academy Education case stated above, the Supreme Court has disposed of W.P.No.261 of 2003, filed by the Institution on 18.09.2003 with the following order:

" Notwithstanding, the orders of resolutions made by the Government, if any, these matters are disposed of in the same terms as set forth in the decision of this Court in Writ Petition No.317/1993-T.M.A. Pai Foundation & Ors.Etc. Vs. State of Karnataka & Ors.Etc. And connected batch decided on 31st October, 2002 and in Writ Petition (C) No.350 of 1993-Islamic Academy of Education and Ar. Vs. State of Karnataka & Ors. And connected batch reported in 2003 (6) SCALE 325.

All statutory enactments, orders, schemes regulations will have to be brought in conformity with the decision of the Constitution Bench of this Court in T.M.A. Pai Foundation's case decided on 31.10.2002. As and when any problem arises the same can be dealt with by an appropriate Forum in an appropriate proceedings. "

Therefore, it is clear that during 1993 to 2003, the Institution has been permitted by the Apex Court to follow its own procedure in admitting students.

22. It is the case of the Institution that after the judgement delivered in Islamic Academy Education case, permitting the constitution of Committees to supervise the admission and fees procedures and inasmuch as the Committee was not constituted by the State Government, the Institution again filed W.P.No.7380 of 2004 before this Court, challenging the order of the Government in issuing direction to the Institution, without constituting a Committee and this Court by an order dated 24.03.2004 in WPMP.Nos.8725 to 8727 of 2004 in W.P.Nos.7379 and 7380 of 2004, has permitted the Institution to follow the same procedure of admission in respect of the academic year 2004-2005 as follows:

" 2. In view of the decision of the Supreme Court in 2003 (6) SCC 697 (cited supra): the earlier orders of the Supreme Court in W.P.Nos.261 of 2003 & 482 of 1993 and other series of orders passed by the Supreme Court allowing the petitioner to follow the earlier arrangement, there will be an order interim stay of the impugned order as prayed for and interim injunction is also granted for the very same reasoning. Learned Government Pleader is directed to take notice."
and it was thereafter, the State Government has constituted Two Committees, one for supervising the admissions and another for fees structure.

23. It is also relevant to point out that in the meantime, the Supreme Court was moved by some of the Institutions similar to that of the first respondent for clarification to follow the same procedure of admission, since there appeared to be a conflict between paragraphs 17 and 19. Ultimately, the Apex Court by order dated 30.07.2004 passed in W.P.No.330 of 2004 has given clarification to the said paragraphs in Islamic Academy case in 2003(6) SCC 697, which was as follows:

" There appears to be an obvious conflict between paragraph-17 and paragraph-19. For the time being, we prefer to adopt the reasoning in para-17 which allows a minority professional institute which has been carrying on the same procedure for the last more than 25 years to adopt its own procedure for admission in respect of its institution. "

24. The said writ petition, viz., W.P.No.330 of 2004, in which the first respondent Institution has filed an intervening petition, viz., I.A.No.5 of 2005 was decided along with large number of batch of cases by the Supreme Court in the recent pronouncement in P.A. Inamdhar and others vs. State of Maharashtra (2005 (6) SCC 537). The Supreme Court has again confirmed about the unique feature and the admission procedure of the minority educational institutions, delivered judgement on 12.08.2005 in the following words.

" 17. The majority opinion carved out an exception in favour of those minority educational professional institutions which were established and were having their own admission procedure for at least 25 years from the requirement of joining any common entrance test, and such institutions were permitted to have their own admission procedure. The State Governments were directed to appoint a permanent Committee to ensure that the tests conducted by the association of colleges are fair and transparent.

25. In the meantime, based on the consistent orders of the Supreme Court, the first respondent Institution has filed an application before the Permanent Committee for Common Entrance Test for Private Educational Institutions in Tamil Nadu, seeking permission to have their own admission procedure. That petition was dismissed by the said Committee on 12.07.2005. On the application filed by the first respondent Institution in I.A.No.6 of 2005 in W.P.(C).No.261 of 2003, praying for an order of stay of the Committee's order dated 12.07.2005, the Supreme Court in the order dated 25.07.2005, while granting stay has permitted the first respondent Institution to conduct admission for the year 2005-2006 in the same manner as it was done in 2004-2005 as follows:

" Having heard the learned counsel for the parties and pending decision by the Constitution Bench in S.L.P.(C).No.9932 of 2004 and connected matters, we stay the operation of the order of the Committee dated 12th July, 2005 and permit the applicant-College to conduct the admissions in the same manner in which it was conducted in the Last academic year i.e.2004-2005."

26. With the disposal of all the cases in the recent judgement of the Supreme Court in P.A.Inamdhar's case, the applications and the Writ Petitions have got merged. Therefore, the Institution has moved this Court by filing W.P.37245 of 2005 and prayed for an order of stay of the Committee's order dated 12.07.2005 and this Court by order dated 18.11.2005 in WPMP.No.39877 of 2005 in W.P.No.37245 of 2005, has granted an order of interim stay. In the mean time, for the year 2006-2007, when an application was made before the Committee, the Committee, after elaborate enquiry, has passed orders on 10.06.2006, accepting the procedure of admission followed by the Institution, however, rejecting the reservation of six seats for admission of staff of the Institution, against which the Institution has filed W.P.No.18384 of 2006.

27. In this regard, it is relevant to point out the order of the Permanent Committee for Common Entrance Test for Private Educational Institutions dated 10.06.2006, which reads as follows:

" For the above reasons we hold that except for clause(b) of para 21 of the representation, the procedure for admission seems to be fair and all the seats are to be filled up by common entrance test and from the brochure, it is seen that is transparent. The fee fixed by the institution also seems to be non exploitative and to a certain extent much less than what the Government has fixed. That condition also satisfies in this case.

6 Seats which are now reserved for children of staff of Christian Medical College will have to be distributed among candidates by open merit quota or open quota of Christian minority candidates. There can be no reservation for members of staff of the college.

The fact that the college has been following its own admission procedure ever since 1948 is not a matter of dispute. It is true that from 1993 onwards there was litigation and on the basis of interim orders, the college was allowed to follow its own procedure by the Apex Court.

As per the orders of the Supreme Court, the college was also submitting the statements explaining the basis on which admissions are made. The same was not questioned by the State till date. It is true that these interim orders were obtained at a time when no objection was filed by the State. But that cannot be an answer to say that admissions so far made is neither fair, transparent or non exploitative.

The special feature which have already extracted also shows that this institution is committed to certain ideals. It is only proper on our part to take note of the special survey conducted by India Today - AC Nielsen - ORG - MARG survey of colleges published in India Today issue dated 5.6.2006. About the applicant college, it is stated thus "At CMC, Vellore quality education is a given. With a unique spread of courses, the institute has won accolades for its community health and development programmes, which cover lakhs among the local population. The college is also involved in epidemiological studies and has recently tied up with the Department of Biotechnology to promote translational research in stem cells. In many ways, CMC is only living up to its motto: "Not to be Ministered unto, but to Minister".

Even though Committee is not bound to accept the statement, that does not prevent us to take note of the reputation of the college and its commitment. We find that during the year 2002 CMC, Vellore ranked first among all the medical institutions in India and in the year 2006, it has got 2nd rank.

Apart from all the above facts, it is also evident that candidates who pass the graduation course will have to serve at place where more medical facilities are needed. They are asked to serve in rural areas. In case the candidate fails to do so, he has to face contain serious consequences. The readiness of the candidate to serve the needy is a matter which is taken into consideration by the institutions while considering merit. What the institution does is a team or a missionary work.

Taking into consideration the above facts and special features, we are of the view that permission could be granted to CMC, Vellore to have their own admission procedure subject to what is stated above. We further direct that immediately after the admissions are over, the college has to submit to the Committee and the Directors of Medical Education the following particulars.

1. Copies of total number of applications received for common entrance test and admission.

2. Rank list of all the candidates along with the marks obtained in eligibility qualification examination and CET with roll Nos.in both examination.

3. Admission list of all candidates with their roll No.in qualifying examination and CET along with all supporting documents submitted by the candidates at the time of admission.

4. Such other particulars which the Committee may ask for should also be
submitted."

28. Therefore, the entire analysis of the indisputable facts and the consecutive orders of the Apex court in permitting the Institution to proceed with its procedure as narrated by the Permanent Committee constituted by the State Government itself shows as a standing testimony and approval by the Apex Court for the procedure followed by the Institution in the matter of admission to MBBS course in these years. While so, the power of judicial review of this Court in this regard should be limited in the interest of maintaining judicial discipline. However, since the above points are raised in these appeals, we would proceed to answer the same keeping in mind the consistent approval of the manner of selection made by the Institution in these years by the highest Court in the country.

29. In respect of the process of selection, one of the main points raised by the learned senior counsel for the appellants is that, the conversion of marks into a grading system under Stanine grading is not transparent and therefore it cannot be said that the selection based on the said method should be deemed to be on merit basis. Regarding this process, it is relevant to point out that the first respondent Institution conducts All India Common Entrance examination on 5 papers, viz., Physics, Chemistry, Biology, General ability and Speed and Accuracy with each paper having 60 multiple choice objective questions that carry one mark each with a total of 60 marks per paper and a total of 300 marks for the five papers together.

30. It is seen that each year new questions are invited from teachers in High Schools/Colleges in different parts of the country and are added to the question bank maintained by the first respondent Institution and the questions which are used are deleted and the papers for each year are newly formulated with a balance of evaluated questions from earlier years and new questions. When the admission process starts by December of the previous year, the question papers are prepared and kept under the safe custody. Optical Mark Readable (OMR) answer sheets are also obtained, each sheet scanned to ensure that no additional markings are present, and then sealed by the Registrar and the said process is completed in the middle of April.

31. The All India Entrance Examination, was held on 26th May, 2006 for the year 2006-2007 and the process of valuation commenced. As stated by the first respondent Institution, the marks obtained in each of the 5 papers were divided statistically into nine equal bands. Candidates in the highest 4 percentile graded as A, the next 7 percentile as B+ and so on till the last or 9th Grade is U, the lowest 4 percentile. This banding is done by a computer program. Thereafter, the process of grading starts, where the highest mark obtained by a candidate in the subject is taken as 100 percent in working out the percentiles. The highest mark in Biology in 2006 was 54/60, the lowest marks in Grade A-47.2/60, and the highest mark in Grade B+ 47.0/60.

32. It was, at this stage, the marks in individual papers are converted to grades and there is no overlap of marks at the border between two grades when candidates are ranked in descending order according to the marks secured by them in each subject. The lowest mark in Stanine Grade A was 47.0 and the highest mark in Stanine Grade B+ was 46.8.

The concept of Stanine Grade is as follows:

Stanine Grade 1 1 (A) - 4% Very superior
2 (B+) - 7% Superior
3 (B) - 11% Considerably above average
4 (C+) - 17% Slightly above average
5 (C) - 22% Just average
6 (C-) - 17% Slightly below average
7 (D) - 11% Considerably below average
8 (F) - 7% Poor
Stanine Grade 9 (U) - 4% Very Poor

33. The Stanine Grading for 2006-2007 in each subject as given in the table runs as follows:

============================================================================
Physics | Chemistry | Biology | General | Speed and
| | | Ability | Accuracy
===================|==============|=============|=============|=============
| High | Low | High | Low | High | Low | High | Low | High | Low
~~|~~~~~~~~|~~~~~~~|~~~~~~|~~~~~~~|~~~~~~|~~~~~~|~~~~~~|~~~~~~|~~~~~~|~~~~~~
A | 49.4 | 39.2 | 55.0 | 47.0 | 54.0 | 47.2 | 55.0 | 46.4 | 52.8 | 41.2
~~|~~~~~~~~|~~~~~~~|~~~~~~|~~~~~~~|~~~~~~|~~~~~~|~~~~~~|~~~~~~|~~~~~~|~~~~~~
B | 39.0 | 35.2 | 46.8 | 43.2 | 47.0 | 44.4 | 46.2 | 43.0 | 41.0 | 36.4
~~|~~~~~~~~|~~~~~~~|~~~~~~|~~~~~~~|~~~~~~|~~~~~~|~~~~~~|~~~~~~|~~~~~~|~~~~~~
C | 35.0 | 31 | 43 | 38.8 | 44.2 | 41.0 | 42.8 | 39.6 | 36.2 | 31.8
============================================================================

Therefore, the Grades are assigned for each of the 5 papers in All India Entrance Examination, then they are given an equivalent numerical score, wherein the higher grade is given a score of 1 and the last grade is given a score of 9 in the following manner:

Grade A B B+ C C+ C- D F U

Score 1 2 3 4 5 6 7 8 9

The composite grade of all the five subjects to determine academic merit in the All India Entrance Examination or the "Preliminary Test Average" (PTA) the numeric score for each candidate in each of the five papers is added and a new stanine derived and final score range is determined as follows:

===========================================================================
Grade Total Number Total score range Highest mark Lowest mark
of Students for each grade in Grade in Grade
in Grade
===========================================================================
A 365 5-10 254.8 202.2
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
B+ 683 11-14 220.6 186.0
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
B 984 15-18 197.8 165.2
===========================================================================

Therefore, by demonstration it is clear that theoretically a candidate who performs consistently and has a B+ grade in all 5 papers would have been in a final Grade of A , even though the candidate was not in the A grade for even one subject. It is stated that the said stanine system scoring is widely recognised and followed inter-nationally and the first respondent Institution has been following it for the past 5 decades, about which admittedly, there is no complaint in these years.

34. Likewise, interview is conducted for three days with three assessments for Minority candidates. For bible knowledge to the score of 10 marks stanine grade is assigned. That apart, in case of tasks for 20 marks, each candidate is given 4 tasks, two are group tasks and two are individual tasks. Each task is carefully designed and a number of characteristics are marked by atleast three Test Observers, viz., Senior Most Faculty Members of the first respondent Institution. For each task, independently a final stanine grade is assigned. That apart, it is stated that two senior faculty are assigned to groups of 6 to 8 candidates, who are grouped according to their age and sex and the Group Observers spend two days with the group interview with them individually in depth and in addition observe them as part of the group during tasks and during meal times etc. and based on a pre-agreed scheme write a detailed report on the candidate and assign a grade from A to U based on the characteristics detailed in the report.

35. We have gone through some of the detailed reports given by the Group Observers in respect of selected and non-selected candidates. We have also gone through the report of Group Observers in respect of P. Arunkumar, appellant in W.A.No.494 of 2007, which reads as under:

" 18 year old boy; both parents-teachers; from a middle class background in South India. His father seems to be a strict disciplinarian, with whom he seems to have limited interaction. His mother has been his confidant. Though he studied in an English medium school, he has difficulty in expressing himself in English, and so was slightly anxious in the beginning. He has several relatives in the medical field - though none from his immediate family. He spent a year at a coaching class for MBBS after the twelfth standard. His "weak" subject was Biology-as he found it difficult to 'memorize' the details. He won a few interschool table tennis, competitions in his junior school, but had to give up his activities after the 10th standard. He says he used to collect stamps and look after fish when he was young-though he admits he was not very serious about them. He has no other hobby; and does not read books or participate in quiz/debating competitions. His knowledge of current activities including the Middle East problems is average. He is aware of the local politics in his town, though has no active involvement in it. He is a member of the youth fellowship at church, and is regular in attendance in church. However, there does not seem to be any involvement of significant depth. He is tolerant of all religions.

In the group tasks, he was more of a passive participant-though not disruptive. He was not pushy. He had problems with ragging while in a hostel - on language issues - but being the victim, could not react - though was reduced to tears on several occasions. He had visited a few CSI hospitals (for a few hours) on the advice of his aunt before coming to CMC. He visited the general ward in one hospital, but does not seem to have been struck by any specific aspect of the work there. He has not done any social service of note, and does not seem to have thought about the healing ministry of the church and its hospitals.

Commitment to serve - 5/10
Christian Commitment-6/10"

We have also gone through a similar report in respect of another appellant-J. Jotheebun and also another selected candidates. We feel it relevant to reproduce the reports in respect of two selected candidates.

19-year old Aneez Joseph is a quiet and charming girl from a rural area in south India. Her father is a daily wage construction worker, and her mother a house wife. Most of her childhood friends did not pursue studies actively, but Aneez's parents saw the potention in her and encouraged her to pursue her studies. Her excellent performances in school saw her teachers, friends and relatives pitch in to help with school fees, uniforms, books and all other needs that her parents could not meet for her due to their economic hardships. She consistently topped her class till class X; coming to an English-medium school for the first time in Standard XI saw her grades slip momentarily, but she was back at the top of her class in Standard XII. Family problems such as a major illness that her father went through as well as his recurrent problem with alcohol have not distracted her single mindedness towards studies.

Her extra-curricular activities include embroidery and reading. She is a constant help to her mother around the home, and has also been part of a team that swept the class rooms. The absence of Sunday school teachers in her church has made her take up that role as well from time to tome. She has a simple faith, and is able to draw strength from her belief in God,rather than look for sympathy from others around her.

Her primary drive to excel in studies is to reach a position where she can be of use to other lesser privileged members of her community. She has been helping other younger children in her neighborhood with their studies, and sometimes has received small amounts of financial compensation for these efforts. She has also periodically visited disabled children's homes to spend some time with them and buying sweets to share with them. Her firsthand experience of economic hardships is combined with a deep desire to be of use to her social situation. She has been influenced by reading the life story of Mother Teresa, and is challenged by her model of selfless service.

Although she evidently has some limitations in conversing in English fluently, she cheerfully participated in the group tasks, and her language limitations did not come in the way of the relationships she built with her colleagues in the group.

Her quiet determination and confidence marks her out as a person who will make the most of any opportunities that will come her way, and, in my opinion, the CMC environment will provide just the right spark she needs to go a long way.

COMMITMENT TO SERVE +
CHRISTIAN COMMITMENT +

This quiet and soft-spoken nineteen year old girl comes from an economically disadvantaged background in a rural area. Her father is a construction worker, her mother is a housewife and she has a sister who is four years younger to her. Her father lost his job in a company when she was seven years old. Since then he has been a daily wage earner, dependent on the availability of work, as a manual labourer at construction sites. The family has had several major upheavals since the father lost his job. They were staying with her grandfather in the family home till she was in the IVth Standard. Following a quarrel, her father was sent out of the joint family home. They moved into a thatched one room hut without electricity or water and stayed there for three years. She has memories of studying with a lantern, fearful if the rain would come in and wet her books and afraid that family members would be unkind to her. With help from one of her father's brother's they moved into two rented rooms. When she was in the Xth standard, her father had a head injury following an accident and though he is now able to go to work, he has not regained his memory and lacks confidence to do even simple tasks on his own. Last year he inherited 5 cents of land from his father and with the help of a loan they have been able to construct a two room house where they now live. Ever since her father lost his job he started drinking alcohol (toddy). Earlier on it was in moderation but now most evenings he is under the influence of alcohol and dependent on it. When he is in a clear mind he is very concerned about his family but the rest of the time he is abusive though he has not harmed either his wife or daughters physically.

She has studied in Catholic schools and topped her class from the kindergarten up to the Xth Standard in the vernacular medium. She then moved to an English medium school and within a year was back again at the top of the class. She was the school topper in the XIIth Standard and in Biology. She won proficiency prizes in all the classes except in the XIth Standard when she changed the medium of instruction. She was made the ambassador of the school in an inter-school quiz and also represented the school in district level mathematics competitions, winning a trophy. Every year she received many books as proficiency prizes and these have been her resource for reading besides the school libraries. One of the sisters from the taught her embroidery and she has taken part in district level embroidery competitions. She has received certificates and cash awards in the school moral science examinations and an award from the Panchayat for scoring high marks.

Her other hobbies include flower making and dress painting. She dans her own clothes, helps her mother in the house and would also sweep the school rooms after class. Her recent innovation has been to take sacks of mud to the terrace of their house and plant vegetables like ladies finger and beans for the family use. She has taken tuition regularly for neighbouring children of various ages. She has not asked for payment but some of the parents have given her small amounts in appreciation of her help. There is a home of disabled adults called the Home of Faith very close to her home where her aunt (mother's sister) is an inmate due to mental disability. She regularly visits the home and spends time there and helps in small ways. She is very sensitive to people in need and feels drawn to help them. She has been an emotional support to a friend whose father has had to leave the home because of substance abuse.

Her English comprehension is good she can understand conversation fairly well though her expressive language is limited. She had not had the opportunity to hear much spoken English till the Xth Standard, however her English teacher in +2 commends her diligence and dedication to learn which helped her to do well in plus 2 in English medium. As she has such a keen motivation to achieve her goal I think she will soon develop adequate language skills.

Even though she was one of the quieter girls in the group she related well with the others and joined in with the group activities. She was friendly and did not shy away from interacting with them. She took the initiative to make comments during the group discussions in spite of the limitations of language.

The family worship regularly in a Church which consists mainly of people from low income group. She has taken part in Church activities with enthusiasm. She was a regular member of the Sunday school and has won prizes in quizzes. Now she is a member of the youth group and her involvement include taking part in retreats, bible reading and teaching classes. The youth group collects clothes and food and takes it regularly to Mother Theresa orphanage and she has been one of the leaders in this involvement. Her mother has been her inspiration and though she has only passed SSLC she has a strong faith and has encouraged her children to trust in God. Her simplicity and thrift have enabled the family to survive on so little. Both her parents have encouraged her to study inspite of her father's dependence on alcohol he communicates his love to her and so she is able to look at him with empathy rather than disdain. She says she has suffered because of the abject poverty she has faced, when sometimes there has been no food to eat. Yet she is grateful to God who has provided so that they have never starved and there has always been a roof over her head even if it has been only a thatched one. Recently during the floods, she saw an old man sitting on a bed. There was knee deep water in the house and she was able to thank God that she had a dry place to stay. She does not talk about her needs but people have quietly found out and supplied many needs. The sisters in the schools have waived the fees, some teachers have given her books and clothes, her friends have shared books, stationary and uniforms with her. A friends who went to a coaching class shared all her books and papers with her and even came and studied with her in her home because she could not afford to go to a coaching class. Finally she was able to attend a coaching class in a new centre near her home for two months because they were ready to accept payment in instalments. She is aware that God has taken care of her and she feels this is the reason she wants to help others in need.

She likes to work with people and has a sincere desire to serve the poor. She did not take up an engineering seat last year because she wants to study medicine. She feels it is a great honour to study the mysteries of the human body which God has created. When her father was sick the family experienced again the burden of poverty and this has strengthened her desire to provide good ethical medical care for the poor. She feels she has been blessed because she has received timely help in her time of need and so she would like to dedicate her life to serve the poor. As she has lived in a village all her life she feels her needs are simple and few and she is very happy to serve in a rural area.

In conclusion she has a gentle and caring spirit which was evident in the way she spoke of her various involvement. She has been diligent and hardworking and has made good use of the resources that were available to her. What stands out in her story is that she is a survivor. Her own pain has made her sensitive to those in need around her. There is a also a quiet dignity about her which makes her want to 'earn her keep' and not be inordinately obliged to those who help her. Her resilience, courage and determination in the face of the challenges she has faced are evident and commendable.

On seeing the reports, we have no hesitation to come to the conclusion that the manner of selection made by the first respondent Institution is in accordance with the objectives of the Institution, which is stated to be service oriented with religious instinct and it cannot be slightly brushed aside as arbitrary.

36. The process of selection for determining the academic merit, ensuring that the minimum marks in the qualifying examination is attained by all candidates and determining the suitability for training as Doctors in this Minority Educational Institution run on all India basis, remains the same for the past 50 years. It is also stated that in order to avoid geographical imbalances in selection process, the first respondent Institution has also given up an inter-se merit of Christian minority candidates from each of the Churches and Christian bodies as it was suggested by the Permanent Committee.

37. It is also seen that the stanine method of grading is in existence in many of the Universities in the World. Universally recognised stanine grades as given by the University of Alberta are as follows:

" Grade Criterion
All assignments will be given the percentage marks. These percentages will be weighted before a final grade in the Stanine is assigned.

Grade Percentage Grade Points
A+ 93-100 4.0
A 90-92 4.0
A- 85-89 3.7
B+ 80-84 3.3
B 76-79 3.0
B- 72-75 2.7
C+ 68-71 2.3
C 64-67 2.0
C- 60-63 1.7
D+ 55-59 1.0
D 50-54 1.0
F 0-49 0

38. The University of Minnesota in its deciding terms has recognised the grade of stanine as a method of conversion of students performance. The 9 Grade Stanine is explained in the said University is as follows:

"Stanine: The name stanine is simply a derivation of the term "star scale. Stanines are normalized standard scores, ranging in value from distribution has a mean of 5 and a standard deviation of 2. Stanines 2 are equal to a = standard deviation unit in width, with the middle stanine defined as the range of scores < of a standard deviation below to < of deviation above the mean. Stanines can, more easily, be thought of groupings of percentile ranks (see below), and like percentile ranks xxx status or relative rank of a score within a particular group. Due coarseness, stanines are less precise indicators than percentile ran times may be misleading (e.g., similar PR's can be grouped into different (e.g., PR=23 and PR=24) and dissimilar PR's can be grouped into stanine (e.g., PR=24 and PR=40)). However, some find that using stanine to minimize the apparent importance of minor score fluctuations, and helpful in the determination of areas of strength and weakness. Standard Score, Status Scores, Percentile Rank, Arithmetic Mean, and Deviation.

Approximate Percentile Rank
=========================================================================
Range Stanine Percent of Examinees Descriptor
=========================================================================
96-99 9 4% high
89-95 8 7% well above average
77-88 7 12% about average
60-76 6 17% somewhat above average
41-59 5 20% above average
24-40 4 17% somewhat below average
12-23 3 12% below average
5-11 2 7% well below average
1-4 1 4% low"
=========================================================================

39. Likewise, Indiana University of Pennsylvania has also recognised the 9 Scale Stanine with percentile marks:

Stanine:

A stanine is a standard score on a scale of 1 to 9. The stanine scale has a mean of 5 and a standard deviation of 2. The stanine is part of the Test Score Distribution Report. Each stanine corresponds to the following range of percentiles:

Stanine Percentile

9 97-100
8 90-96
7 78-89
6 61-77
5 40-60
4 23-39
3 11-22
2 4-10
1 0-3

40.The Ohio State University has also recognised the Stanine as a method of selection, which reads as under:

10-Stanine: The stanine is another transformation of a z-score, using a mean of 5 and a standard xxxxx of 2, with the result rounded to a single digit. When the data are normally distributed, stanines range from 1 to 9, and correspond to the following ranges of percentiles.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Stanine 9 8 7 6 5 4 3 2 1
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Percentile 97-99 90-96 78-89 61-77 40-60 23-39 11-22 4-10 1-3
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Example: For the student Tara Tester in the above sample report,

Stanine=(z-score). (standard deviation)+mean = (-38)(2)+5=4"

41. The Standard Grading System is also followed by the Council for Indian School of Certificate External Examination, New Delhi for the international assessment is as follows:

Meaning of Grades

I. EXTERNAL EXAMINATION:

Attainment in a subject is indicated by a grade of which Grade 1 is the highest and Grade 9 the lowest: only Grades 1 to 8 are recorded on Certificates. The interpretation of the grades is as follows:

Grade

1 }
2 } very good

3 }
4 } Credit
5 }
6 }

7 } Pass
8 }

9 } Bad

II. INTERNAL ASSESSMENT

The standard attained in Socially Useful Productive Works & Community Service, abbreviated on the he face of the Certificate as SUPW & COMUNITY SERVICE, is indicated by a letter grade, of which Grade A is the highest and Grade E the lowest. Only Grades A to D are recorded on Certificates. The interpretation of the grades as follows:

Grade Standard

A Very good
B Good
C Satisfactory
D Fail
E Fail

42. Therefore, it cannot be said that the Stanine Grade System is unknown in the method of selection for the reason that it is complicated and requires mathematically trained mind to understand. That itself cannot be a ground to brush aside the said method of selection, which can never be stated to be either prejudicial or discriminatory between the candidates.

43. It is not even the case of the appellants that this system amounts to mal-administration. There cannot be any imputation on the first respondent Institution in following the said system, which is certainly complicated and unique. These are the matters which are concerning the specialised mind and so long as they do not infringe the triple tests of selection, viz., merit, transparency and non-exploitative, one cannot say that the system should be ignored by lightly setting aside the importance of the same. Especially, as narrated above, the system has been used world wide and even in respect of the first respondent Institution, it is in un-interrupted use for the past five decades without any complaints.

44. As far as the argument regarding the allotment of 40% marks for interview, for the same reasons on which we have accepted the Entrance Examination, we have to only confirm and say that it is not as if the interviews are conducted in three minutes or four minutes as it is stated by the appellants, but as detailed and evidenced before us, they have been conducted for two days by active involvement of the Teachers of the first respondent Institution and making the students to thoroughly be tested to identify them as suitable based on the common objects of the first respondent Institution. Considering the manner in which the interview is conducted, there is absolutely no scope for wide discretion to the Selection Committee to pick and choose any candidate of their choice and the discretion is limited.

45. It is, in this regard, relevant to note that the judgement of the Supreme Court in Ajay Hasia's case, wherein the Supreme Court has directed that not more than 15% of total marks could be allotted for the subjective examination like that of the interview. The said judgement was considered by the Apex Court in St. Stephen's case (1992 (1) SCC 558) and held that even though it is general indication that there should not be more than 15% of the total marks for the interview, percentage of marks conferred depends upon the manner in which the discretion is exercised in the interview and in fact the Supreme Court has upheld the concept of grading system as a method of selection in the following words.

" 62. The grievance of the University and the Students Union is that the College Admission Programme is a device to manipulate the merits and not a scientific test to assess performance of candidates. The selection is made by judging the candidates at the interview and the marks secured in the qualifying examinations are not taken into account for selection. The marks are only relevant for calling the candidates for interview. We have carefully examined the College Admission Programme and in our opinion, the contention urged for the University and Students Union is misconceived. The purpose of the interview is not to reassess or remeasure the merits of the applicants in the qualifying examinations. The marks secured in the qualifying examinations are indeed relevant for selection and the interview is only supplementary test. The College fixes different cut-off percentage of marks in different subjects. The candidates are called for interview in the ratio of 1:4 or 1:5 depending upon the candidates choice of selection of courses of study. The interview is conducted by men of high integrity, calibre and qualification. They are men who deal with education and the students. During the interview, questions are asked to test the candidates knowledge of the subject and his general awareness of the current problems. The student is also required to furnish in the application form his interest, hobbies, values, career plan etc. Each member of the Interview Committee grades the performance of the candidates and the selection is made for each course of study by taking into consideration the opinion expressed by all the members of the Interview Committee. By consensus the final list of candidates is prepared. The selection is thus made on the basis of the candidates academic record and performance at the interview keeping in mind his/her all round competence, capacity to benefit from being in the College as well as potential to contribute to the life of College. Judging the performance by grading is a well known method followed in the academic field.

63. The oral interview as a supplementary test and not as exclusive test for assessing the suitability of candidates for college admission has been recognised by this Court. But at the same time, to avoid arbitrariness in the selection it has been repeatedly held that there shall not be allocation of high percentage of marks for oral interview test. Where candidates personality is yet to develop, it has been emphasised that greater weight has perforce to be given to performance in the written examination and the importance to be attached to the interview test must be minimal. The Court has generally indicated that interview marks should not be more than 15 per cent of the total marks. (See: R. Chitralekha v. State of Mysore ; A. Peeriakaruppan v. State of T.N. ; Miss Nishi Maghu v. State of J&K ; Ajay Hasia v. Khalid Mujib Sehravardi ; Lila Dhar v. State of Rajasthan and Koshal Kumar Gupta v. State of J&K.)

64. There is nothing on record to suggest that the interview conducted by the Selection Committee was contary to the principles laid down by this Court in the aforesaid decisions. We see neither any arbitrariness nor any vice or lack of scientific basis in the interview or in the selection. The interview confers no wide discretion to the Selection Committee to pick and choose any candidate of their choice. They have to select the best among those who are called for interview and the discretion is narrowly limited to select one out of every 4 of 5. In these premises, we would defer to the choice and discretion of the Selection Committee so long as they act properly and not arbitrarily and act within the recognised principles.

65. The College seems to have compelling reasons to follow its own admission programme. The College receives applications from students all over the country. The applications ranging from 12000 to 20000 are received every year as against a limited number of 400 seats available for admission. The applicants come from different institutions with diverse standards. The merit judging by percentage of marks secured by applicants in different qualifying examinations with different standards may not lead to proper and fair selection. It may not also have any relevance to maintain the standards of excellence of education. As observed by this Court in D.N. Chanchala v. State of Mysore (1971 Supp. SCR 608) the result obtained by a student in an examination held by one University cannot be comparable with the result obtained by another candidate in an examination of another University . Such standards depends on several human factors, methods of teaching, examining and evaluation of answer papers. The subjects taught and examined may be the same, but the standard of examination and valuation may vary, and the variations are inevitable. In the premises, the admission solely determined by the marks obtained by students, cannot be the best available objective guide to future academic performance. The College Admission Programme on the other hand, based on the test of promise and accomplishment of candidates, seems to be better than the blind method of selection based on the marks secured in the qualifying examinations. We are, therefore, unable to accept the submission that the College Admission Programme is arbitrary and the University criteria for selection is objective.

66. So in the end we are driven to conclude that St. Stephen's College is not bound by the impugned circulars of the University. (Emphasis supplied)

46. The right of Minority Institutions to follow its own procedure, of course subject to the transparency and merit in selection of students has subsequently been confirmed by the Supreme Court in T.M.A. Pai Foundation case in the following words.

" 125. In St. Stephens College case the right of minorities to administer educational institutions and the applicability of Article 29(2) to an institution to which Article 30(1) was applicable came up for consideration. St. Stephens College claimed to be a minority institution, which was affiliated to Delhi University; the College had its own provisions with regard to the admission of students. This provision postulated that applications would be invited by the College by a particular date. The applications were processed and a cut-off percentage for each subject was determined by the Head of the respective departments and a list of potentially suitable candidates was prepared on the basis of 1:4 and 1:5 ratios for Arts and Science students respectively, and they were then called for an interview (i.e. for every available seat in the Arts Department, four candidates were called for interviews; similarly, for every available seat in the Science Department, five candidates were called for interviews). In respect of Christian students, a relaxation of up to 10% was given in determining the cut-off point. Thereafter, the interviews were conducted and admission was granted. Delhi University, however, had issued a circular, which provided that admission should be granted to the various courses purely on the basis of merit i.e. the percentage of marks secured by the students in the qualifying examination. The said circular did not postulate any interview. Thereafter, the admission policy of St. Stephens College was challenged by a petition under Article 32. It was contended by the petitioners that the College was bound to follow the university policy, rules and regulations regarding admission, and further argued that it was not a minority institution, and in the alternative, it was not entitled to discriminate against students on the ground of religion, as the College was receiving grant-in-aid from the Government, and that such discrimination was violative of Article 29(2). The College had also filed a writ petition in the Supreme Court taking the stand that it was a religious minority institution, and that the circular of the University regarding admission violated its fundamental right under Article 30. This Court held that St. Stephens College was a minority institution. With regard to the second question as to whether the College was bound by the university circulars regarding admission, this Court, by a majority of 4:1, upheld the admission procedure used by the College, even though it was different from the one laid down by the University. In this context, the contention of the College was that it had been following its own admission programme for more than a hundred years and that it had built a tradition of excellence in a number of distinctive activities. The College challenged the university circular on the ground that it was not regulatory in nature, and that it violated its right under Article 30. Its submission was that if students were admitted purely on the basis of marks obtained by them in the qualifying examination, it would not be possible for any Christian student to gain admission. The College had also found that unless a concession was afforded, the Christian students could not be brought within the zone of consideration as they generally lacked merit when compared to the other applicants. This Court referred to the earlier decisions, and with regard to Article 30(1), observed at SCC p. 596, para 54, as follows:

54 . The minorities whether based on religion or language have the right to establish and administer educational institutions of their choice. The administration of educational institutions of their choice under Article 30(1) means management of the affairs of the institution. This management must be free from control so that the founder or their nominees can mould the institution as they think fit, and in accordance with their ideas of how the interests of the community in general and the institution in particular will be best served. But the standards of education are not a part of the management as such. The standard concerns the body politic and is governed by considerations of the advancement of the country and its people. Such regulations do not bear directly upon management although they may indirectly affect it. The State, therefore has the right to regulate the standard of education and allied matters. Minority institutions cannot be permitted to fall below the standards of excellence expected of educational institutions. They cannot decline to follow the general pattern of education under the guise of exclusive right of management. While the management must be left to them, they may be compelled to keep in step with others.

126. It was further noticed that the right under Article 30(1) had to be read subject to the power of the State to regulate education, educational standards and allied matters. In this connection, at SCC pp. 598-99, para 59, it was observed as follows:

59 . The need for a detailed study on this aspect is indeed not necessary. The right to minorities whether religious or linguistic, to administer educational institutions and the power of the State to regulate academic matters and management is now fairly well settled. The right to administer does not include the right to maladminister. The State being the controlling authority has right and duty to regulate all academic matters. Regulations which will serve the interests of students and teachers, and to preserve the uniformity in standards of education among the affiliated institutions could be made. The minority institutions cannot claim immunity against such general pattern and standard or against general laws such as laws relating to law and order, health, hygiene, labour relations, social welfare legislations, contracts, torts etc. which are applicable to all communities. So long as the basic right of minorities to manage educational institution is not taken away, the State is competent to make regulatory legislation. Regulations, however, shall not have the effect of depriving the right of minorities to educate their children in their own institution. That is a privilege which is implied in the right conferred by Article 30(1).

127. Dealing with the question of the selection of students, it was accepted that the right to select students for admission was a part of administration, and that this power could be regulated, but it was held that the regulation must be reasonable and should be conducive to the welfare of the minority institution or for the betterment of those who resort to it. Bearing this principle in mind, this Court took note of the fact that if the College was to admit students as per the circular issued by the University, it would have to deny admissions to the students belonging to the Christian community because of the prevailing situation that even after the concession, only a small number of minority applicants would gain admission. It was the case of the College that the selection was made on the basis of the candidates academic record, and his/her performance at the interview keeping in mind his/her all- round competence, his/her capacity to benefit from attendance at the College, as well as his/her potential to contribute to the life of the College. While observing that the oral interview as a supplementary test and not as the exclusive test for assessing the suitability of the candidates for college admission had been recognized by this Court, this Court observed (at SCC p. 602, para 65) that the admission programme of the College based on the test of promise and accomplishment of candidates seems to be better than the blind method of selection based on the marks secured in the qualifying examinations . The Court accordingly held that St. Stephens College was not bound by the impugned circulars of the University. This Court then dealt with the question as to whether a preference in favour of, or a reservation of seats for candidates belonging to, its own community by the minority institutions would be invalid under Article 29(2) of the Constitution. After referring to the Constituent Assembly Debates and the proceedings of the Draft Committee that led to the incorporation of Articles 29 and 30, this Court proceeded to examine the question of the true import and effect of Articles 29(2) and 30(1) of the Constitution. On behalf of the institutions, it was argued that a preference given to minority candidates in their own educational institutions, on the ground that those candidates belonged to that minority community, was not violative of Article 29(2), and that in the exercise of Article 30(1), the minorities were entitled to establish and administer educational institutions for the exclusive advantage of their own communitys candidates. This contention was not accepted by this Court on two grounds. Firstly, it was held that institutional preference to minority candidates based on religion was apparently an institutional discrimination on the forbidden ground of religion the Court stated that: (SCC p. 607, para 79)

If an educational institution says yes to one candidate but says no to another candidate on ground of religion, it amounts to discrimination on ground of religion. The mandate of Article 29(2) is that there shall not be any such discrimination.

It further held that, as pointed out in Kerala Education Bill, 1957 case the minorities could not establish educational institutions for the benefit of their own community alone. For if such was the aim, Article 30(1) would have been differently worded and it would have contained the words for their own community. In this regard, it would be useful to bear in mind that the Court at SCC p. 607, para 81, noticed that:

81 . Even in practice, such claims are likely to be met with considerable hostility. It may not be conducive to have a relatively homogeneous society. It may lead to religious bigotry which is the bane of mankind. In the nation building with secular character sectarian schools or colleges, segregated faculties or universities for imparting general secular education are undesirable and they may undermine secular democracy. They would be inconsistent with the central concept of secularism and equality embedded in the Constitution. Every educational institution irrespective of community to which it belongs is a melting pot in our national life. The students and teachers are the critical ingredients. It is there they develop respect for, and tolerance of, the cultures and beliefs of others. It is essential therefore, that there should be proper mix of students of different communities in all educational institutions.

Therefore, by applying the principles enunciated above, to the factual situation of the manner in which the interview is conducted by the first respondent Institution and grading system made like that of the entrance examination, we do not see any arbitrariness or violation of Article 14 of the Constitution in the said process. As long as the procedure followed by the first respondent Institution for admission of students is fair, transparent and non-exploitative, based on merit as held by the Supreme Court in P.A. Inamdhar's case, there is no reason to interfere with the selection process, which is ancient in the first respondent Institution.

47. Coming to the next aspect of six seats to children of staff or members of the first respondent Institution, it is relevant to point out that the Supreme Court in P.A. Inamdhar's case has in fact upheld the validity of allotting number of seats for NRI candidates, of course subject to the condition that merit should not be given a go-bye on the reason that the amount of money collected from such NRIs could be utilised for benefiting students from economically weaker sections of the Society, who can be admitted on subsidised payment of their fees, in the following words:

" 131. Here itself we are inclined to deal with the question as to seats allocated for Non-Resident Indians (NRI for short) or NRI seats. It is common knowledge that some of the institutions grant admissions to a certain number of students under such quota by charging a higher amount of fee. In fact, the term NRI in relation to admissions is a misnomer. By and large, we have noticed in cases after cases coming to this Court, neither the students who get admissions under this category nor their parents are NRIs. In effect and reality, under this category, less meritorious students, but who can afford to bring more money, get admission. During the course of hearing, it was pointed out that a limited number of such seats should be made available as the money brought by such students admitted against NRI quota enables the educational institutions to strengthen their level of education and also to enlarge their educational activities. It was also pointed out that people of Indian origin, who have migrated to other countries, have a desire to bring back their children to their own country as they not only get education but also get reunited with the Indian cultural ethos by virtue of being here. They also wish the money which they would be spending elsewhere on education of their children should rather reach their own motherland. A limited reservation of such seats, not exceeding 15%, in our opinion, may be made available to NRIs depending on the discretion of the management subject to two conditions. First, such seats should be utilised bona fide by NRIs only and for their children or wards. Secondly, within this quota, merit should not be given a complete go-by. The amount of money, in whatever form collected from such NRIs, should be utilised for benefiting students such as from economically weaker sections of the society, whom, on well-defined criteria, the educational institution may admit on subsidised payment of their fee. To prevent misutilisation of such quota or any malpractice referable to NRI quota seats, suitable legislation or regulation needs to be framed. So long as the State does not do it, it will be for the Committees constituted pursuant to the direction in Islamic Academy to regulate. "

48. In respect of the first respondent Institution it is clear that they do not have the NRI quota or Management quota or any reservation for the Founders of the Institution. Allotment of six seats as stated in the prospectus is clearly based on certain guidelines, viz., that the same is available only to the children of the staff of the Institution who have got 10 years of completed service or after completing 10 years has retired or died, however, subject to merit as a criteria and the intention is, as correctly pointed out by the learned senior counsel for the first respondent to create a human and intellectual wealth of the institution synonyms to the monetary wealth as recommended by the Supreme Court. It is not as if the children of the staff confirming to the said requirement are admitted without necessary qualifications and it is made very clear that the merit can never be compromised and the transparency is in vogue in making selection under this category. The very object as stated in the prospectus that the said allotment of six seats starts from the Senior Faculty down towards Clause IV employees, certainly confirms to the twin tests of reasonable and intellectual differentia and having a rational basis as enunciated by the Supreme Court in Dr.Saurabh Chaudhri vs. Union of India (2003 (11) SCC 146).

49. In view of the above said facts, there is no difficulty to come to the conclusion that the allotment of six sets to the children for the staff of the Institution is on the basis of the explained criteria and subject to the fulfilment of the triple tests and therefore is not invalid.

50. As far as the last point insisted, viz., the admission of Christian students from the States where they are majority, on fact, it is found that it was only a sprinkling number of candidates from the other States were appointed and merely because one student from State of Meghalaya wherein Christians are majority got admitted, the selection cannot be held to be invalid, as long as the test of conserving, the religion and to give thorough, good and general education, to the children belonging to such minority is followed.

51. Therefore, for all the reasons stated above, predominantly taking into consideration that the manner and method of selection is followed by the first respondent Institution in these more than five decades have been approved by the Apex Court atleast from 1993 till date, and therefore, there is no reason to interfere with the order of the learned single Judge; accordingly, the writ appeals fail and the same are dismissed. No costs.

kh

To

1. The Secretary to Government
State of Tamil Nadu
Education Department
Fort St. George
Chennai 9.

2. The Registrar
Tamil Nadu Dr. M.G.R. Medical University
No.69
Anna Salai
Guindy
Chennai 32

3. The Registrar
Christian Medical College
Vellore 632 002.

4. The Permanent Committee for the Conduct of Common Entrance Examination in Private Colleges
NCB
7A
Greenways Road
Chennai.

5. The Secretary (Health)
State of Tamil Nadu
Fort St. George
Chennai.

Admission cannot be denied on language grounds, says High Court

2009-06-09T07:32:00.000+05:30

Mohamed Imranullah S.

Petitioner, who had taken Malayalam, was not invited for counselling
Judge directed she be admitted to Kanyakumari Medical College

MADURAI: It is unconstitutional on the part of the State to insist that Plus Two students ought to have taken Tamil as first language to join paramedical courses, the Madras High Court has ruled.

Allowing a writ petition filed in the Madurai Bench by a minor girl from Kanyakumari district, Justice S. Manikumar struck down paragraph 4.3 in the prospectus of paramedical courses for academic year 2008-09.

The Judge held that insisting on Tamil as first language was in violation of Article 29 (2) of the Constitution, which states that no citizen shall be denied admission to educational institutions on the ground of religion, race, caste or language. The right to life and dignity could not be attained unless it was accompanied by the right to education. Therefore, the State was obligated to make provisions to all citizens to pursue education irrespective of their religion, race, caste and language. If those who had taken Tamil as first language in qualifying examination alone were to be admitted to paramedical courses, it would amount to 100 per cent reservation, leading to an unfavourable bias towards one section of students, he said.

“What cannot be done by way of legislation i.e., restraining admission on the ground of language, cannot be done by way issuing an executive order or framing guidelines in the form of prospectus for admission to educational institutions,” he observed.

Mr. Justice Manikumar rejected the government’s contention that it insisted on Tamil as first language because paramedical personnel might have to work in government hospitals where they would have to converse with patients in the regional language.

He agreed with petitioner’s counsel, K.N. Thambi, that the reasoning was unacceptable because even as per the prospectus, candidates who successfully completed the paramedical courses were not guaranteed any appointment in government service.

Petitioner R. Aswathy, represented by her father B. Raghuvaran Nair, said that she applied for admission to the two-year Diploma in Medical Laboratory Course on July 28 last year after securing 139 as against the cut-off mark of 122.

The Department of Medical Education did not invite her for counselling on the ground that she had taken Malayalam and not Tamil as the first language in school.

Pointing out that the High Court had ordered the Director of Medical Education to keep a seat vacant while admitting the writ petition last year, the Judge directed the authorities to admit the petitioner forthwith to Kanyakumari Medical College.

“Transfusion of wrong blood group is medical negligence”

2009-06-07T23:34:00.002+05:30

http://www.hindu.com/2009/06/04/stories/2009060453861800.htm

“Transfusion of wrong blood group is medical negligence”

Legal Correspondent

Supreme Court upholds award of Rs. 2 lakh compensation to deceased’s family

The victim was transfused with B+ blood instead of her group A+
She died of septicemia and not due to mismatched blood transfusion: PGIMER

New Delhi: The Supreme Court has held that transfusion of wrong blood group to a patient amounted to medical negligence.
A Bench consisting of Justices D.K. Jain and R.M. Lodha said: “The law takes no cognisance of carelessness in the abstract. It concerns itself with carelessness only where there is a duty to take care and where failure in that duty has caused damage. In such circumstances carelessness assumes the legal quality of negligence and entails the consequences in law of negligence.”
The Bench upheld compensation of Rs. 2 lakh ordered by the State Consumer Disputes Redressal Commission and confirmed by the National Commission to the husband and children of a woman who died due to transfusion of wrong blood group at the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh.
Writing the judgment, Justice Lodha said that “with regard to professional negligence, it is now well settled that a professional may be held liable for negligence if he was not possessed of the requisite skill which he professed to have possessed or, he did not exercise, with reasonable competence in the given case the skill which he did possess.”
The Bench said “it is equally well settled that the standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary person exercising skill in that profession. It is not necessary for every professional to possess the highest level of expertise in that branch which he practises.”
In the instant case Harjit Kaur was admitted to the PGIMER on April 19, 1996 for treatment of burn injuries. On May 15, she was transfused with A+ blood which was her blood group.
However during the second blood transfusion on May 20, she was transfused with B+ blood group, instead of A+. Her condition started deteriorating and it transpired that due to transfusion of mismatched blood, the kidney and liver got damaged. She died on July 1, 1996.
On a complaint from her husband Jaspal Singh, the State Commission held that the death was due to medical negligence and awarded Rs. 2 lakh compensation. On appeal by the PGIMER, the National Commission confirmed the award and the present appeal by the Institute was against that order.
The appellant contended that Harjit Kaur died of septicemia and not by mismatched blood transfusion and sought quashing of the National Commission’s order.

Appeal dismissed
Dismissing the appeal and upholding the award with Rs. 20,000 costs, the Bench said: “Although she [Mrs. Kaur] survived for about 40 days after mismatched blood transfusion it cannot be said that there was no causal link between the mismatched transfusion of blood and her death.

Wrong blood transfusion is an error which no hospital/doctor exercising ordinary care would have made. Such an error is not an error of professional judgment but in the very nature of things a sure instance of medical negligence. The hospital’s breach of duty in mismatched blood transfusion contributed to her death, if not wholly, but surely materially. Mismatched blood transfusion to a patient having sustained 50 per cent burns by itself speaks of negligence.”

DoctorsandLaw Opinion :

We are not able to guess how the following statement is arrived at : Although she [Mrs. Kaur] survived for about 40 days after mismatched blood transfusion it cannot be said that there was no causal link between the mismatched transfusion of blood and her death. If a person has survived for 40 days after a transfusion, then the death is not probably due to it. Mismatched Transfusion in a mistake and has to be punished, but to attribute everything to it is a bit too far.

We fully endorse this statements Wrong blood transfusion is an error which no hospital/doctor exercising ordinary care would have made. Such an error is not an error of professional judgment but in the very nature of things a sure instance of medical negligence. Mismatched blood transfusion to a patient having sustained 50 per cent burns by itself speaks of negligence.”

And we would like to know how the court decided on this statement : The hospital’s breach of duty in mismatched blood transfusion contributed to her death, if not wholly, but surely materially.

There are two questions involved here. Question 1. Was there a case of negligence. Answer 1. Question 2. Did the negligence contribute to death It seems that this question was not examined separately, but the answer arrived at based on Answer 1 alone

Bottomline : This judgement once again reiterates our stand that COPRA Cases are decided on emotion and not based on facts, which is contrary to the basic tenets of the Law.

Can quota category candidates, selected on merit, have service preference?

2009-05-25T15:39:00.002+05:30

http://www.hindu.com/2009/05/15/stories/2009051560081000.htm

Can quota category candidates, selected on merit, have service preference?

J. Venkatesan

Centre appeals against High Court verdict holding ultra vires CSE Rule 16 (2)
“Reserved category candidates selected on merit have not availed themselves of any relaxation”

New Delhi: A five-judge Constitution Bench of the Supreme Court will consider whether candidates in a ‘reserved category’ selected on merit and placed in the ‘unreserved category’ in the Central Civil Services Examination could be given a choice to opt for service of higher preference in terms of Rule 16 (2) of the CSE Rules at the time of ‘service allocation’.

This rule says: “While making service allocation, candidates belonging to SC/ST or OBCs recommended against unreserved candidates may be adjusted against reserved vacancies by the government if by this process they get a service of higher choice in the order of their preference.”

A three-judge Bench consisting of Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and J.M. Panchal in its order said: “In view of the fact that the issues raised and discussed relating to amended Rule 16 of the CSE are applicable to all Central Civil Services, we are of the view that an authoritative pronouncement is needed. Hence all these SLPs and writ petitions are referred to a Constitution Bench.”

The Centre appealed against a Madras High Court judgment holding ultra vires and unconstitutional Rule 16 (2) and directing it rework service allocation dehors Rule 16 (2). Certain writ petitions were also filed.

The Supreme Court stayed the High Court judgment and on Thursday referred the matter to a larger Bench.

The Bench, quoting the ‘Indra Sawhney vs. Union of India’ judgment which said that while “50 per cent [maximum] shall be the rule, it is necessary not to put out of consideration certain extraordinary situations inherent in the great diversity of this country and the people … It may well happen that some members belonging to say, Scheduled Castes, get selected in the open competition filed on the basis of their own merit; they will not be counted against the quota reserved for SCs; they will be treated as open competition candidates.”

Writing the judgment, the CJI said: “In the light of this decision [the question arises] whether it is reasonable not to give better preference of posts in service for the persons of reserved category who have been selected in the open competition field on the basis of their own merit and even if they are given such better preference whether that should not come under this specific percentage as it will only be a certain relaxation or concession and not a proper form of reservation.”

The Bench said: “As far as amended Rule 16 is concerned, it is to be noted that reserved category candidates selected in the merit/unreserved category upon the basis of their merit have not availed [themselves] of any relaxations which are only available for the reserved category candidates.”

The Bench said that “in the present case, the UPSC has provided the amendment of Rule 16 which has been made to fulfil certain objective specified in the Rules.”

However, the question whether reserved category candidates could actually avail themselves of better preference of service under the reserved category list or not could be decided only by a Constitution Bench.

Admission to integrated M.Ch should be on merit: court

2009-05-21T13:58:00.000+05:30

http://www.hindu.com/2009/05/21/stories/2009052153720400.htm

Staff Reporter

“Any admission for 2009-10 contrary to the ruling shall stand set aside”

CHENNAI: The Madras High Court has ruled that the 5-year integrated M.Ch. (neurosurgery) course be treated as a superspecialty course and admission be made based only on merit without following the rule of reservation.

A division bench comprising Justices P.Jyothimani and Aruna Jagadeesan gave the ruling while disposing of two writ appeals and a writ petition. The Bench made it clear that for admission to the course the qualification shall not be undergraduation in medicine and any admission made for 2009-10 contrary to the above said ruling shall stand set aside. The writ appeals from Dr.N.Bharath and Dr.S.Deebalakshmi sought to quash a single judge order passed in May 2007, which had held that there was no unreasonableness in the roster system sought to be introduced by a Government Order. The writ petition sought to declare Clause 54(b) and annexure relating to the superspeciality 5-year course in M.Ch. (neurosurgery) under the prospectus for admission to post-graduate course for 2009-10 as invalid in so far as it provides for reservation in category of superspeciality post graduate medical course and reservation by roster as contrary to Article 15 of the Constitution.

He also submitted that it was also against the judgment of the Supreme Court and the provisions of Tamil Nadu Act 45 of 1994 relating to reservation to admissions. Petitioner, K.G.Arun Raj also prayed for a direction against the respondents to fill up seats from and out of service candidates as per the merit list and grant admission to him. The judges in their order said that the roster system is not application for admission to educational institutions as Section 4 of the Act of 45 of 1994 contemplates admission on an annual basis.

They also set aside Clause 8 of the prospectus/General instruction to candidates issued by the respondents for 2007-08 denying reservation in case the seats are lesser than eight.

Nizam’s Institute ordered to pay Rs.1 crore for medical negligence

2009-05-15T15:39:00.000+05:30

http://www.hindu.com/2009/05/15/stories/2009051556191000.htm

Nizam’s Institute ordered to pay Rs.1 crore for medical negligence

Legal Correspondent

A computer engineer became paraplegic after a surgery in hospital

New Delhi: The Supreme Court on Thursday directed the Nizam’s Institute of Medical Sciences (NIMS), Hyderabad, to pay Rs.1 crore as compensation towards medical negligence to a computer engineer, who became a paraplegic after he underwent a surgery at the hospital in 1990.

A Bench consisting of Justices B.N. Agrawal, H.S. Bedi and G.S. Singhvi awarded this compensation to Prashanth S. Dhanaka.

Moved by plight

The Bench was moved by his plight as he himself argued the case sitting in a wheelchair.

He sought a huge amount as compensation from the hospital against Rs.15.5 lakh awarded by the National Consumer Disputes Redressal Commission.

While the hospital filed an appeal against this order, he filed an appeal for enhancement of compensation.

Writing the judgment, Mr. Justice Bedi said, “We have no other option but to conclude that the attending doctors were severely remiss in conducting the operation and it is on account of the neglect the paraplegia had set in. The support necessary for a severely handicapped person comes at an enormous price; physical, financial and emotional not only on the victim but even more so on the family attendant that saps their energy and destroy the equanimity.”

Praising the appellant for arguing himself, the Bench said: “We must record that though a deep injury was discernible, through his protracted struggle, while confined to a wheelchair, he remained unruffled and behaved with quite dignity, pleading his own case bereft of any rancour or invective for those who in his perception had harmed him.”

The Bench, while calculating the compensation, took into consideration the emotional and physical trauma he underwent, loss of marriage, his brilliant academic career, his future income and the medical expenditure he would incur throughout his life.

With interest

The court, while directing the hospital to pay Rs.1 crore as compensation, said the amount should be paid with six per cent interest from 1999, when the National Commission gave the award.

According to Mr. Dhanaka, he went to the hospital in September 1990 for a check-up as he was suffering from on and off fever for one year.

On examination, it was noticed that he had a large mass in his left hemithorax (chest cavity).

A surgery was performed and the tumour was removed. But, post-surgery he became a paraplegic — paralysis of the lower limbs of the body. Then he moved the Commission which awarded only Rs. 15.5 lakh.

The complainant’s main charge was that the tumour being a neurogenic one, the surgery should have been handled by a neurosurgeon.

The surgery completely disturbed the nervous system, making him paraplegic.

Hospital’s contention

The hospital contended that the Commission had erroneously held that it was negligent in not performing its statutory duties to interact and exchange opinion with sister-institutes in India and abroad and also failed to seek the assistance of a neurosurgeon.

“Irrelevant factors”

The complainant’s claim was not supported by any material and the Commission had considered irrelevant factors in awarding the compensation. It sought quashing of the Commission’s order.

Tamil Nadu Government Doctors Association (TNGDA) Official eLibrary

2009-04-30T11:17:00.000+05:30

Tamil Nadu Government Doctors Association (TNGDA) Official eLibrary: "Counselling, DME, Promotion"

Tamil Nadu Government Doctors Association (TNGDA) Official eLibrary: Instructions from DPH regarding sanction of increments to Assistant Surgeons

2009-04-28T10:42:00.000+05:30

Tamil Nadu Government Doctors Association (TNGDA) Official eLibrary: Instructions from DPH regarding sanction of increments to Assistant Surgeons

DNB Equivalence: Letter by National Board to Teaching Institutions

2009-04-21T09:47:00.000+05:30

National Board has sent the following restrainer order to many institutes;which ideally should be honoured by MCI officials.

From: National Board of Examinations
Date: 7/5/2008
Subject: Re: DNB equivalence

Subject: Non Approval for Appointment to teaching posts for DNB Degree

Reference: MCI Letter dated 14th September 2007

Sir/Madam,

This has reference to the issue of equivalence of DNB qualification with the corresponding MD/MS degree and the above stated letter issued by Medical Council of India. Without prejudice, the regulatory position in respect of the same is as follows:-

(1) Diplomate of National Board is a recognized qualification as per the Indian Medical Council Act, 1956. DNB qualification is included in the first schedule of the Indian Medical Council Act, 1956.

(2) The Government of India in its various notifications issued from time to time has upheld the status of DNB as that of equivalent qualification as MD/MS/DM/MCh. The Government of India vide latest notification dated 1st June, 2006 has upheld that holders of DNB qualification are to be treated at par with MD/MS/DM/MCh candidates even to teaching posts such as Assistant Professor or recruitment as Senior Resident. The copy of notification issued by the Government of India is enclosed along with for your kind reference.

(3) The equivalence of the DNB qualification vis-à-vis the corresponding MD/MD qualification has been upheld by the Hon’ble Supreme Court of India in the matter Kidwai Memorial Institute of Oncology & ors Vs State of Karnataka & Ors.

One letter dated 14th September, 2007 has been issued by Medical Council of India, on the basis of which your University has issued the above stated captioned letter. The Medical Council of India letter dated 14th September, 2007 has been challenged by various DNB candidates before the Hon’ble Court of Bombay, Nagpur Bench and the Hon’ble Court has been pleased to grant interim relief till final adjudication in the matter takes place. The Hon’ble High Court at Bangalore has also granted interim relief in the matter.

(5) The Government of India has submitted its detailed reply before the Hon’ble Court and the salient points in the Government of India Affidavit is stated herein below:-

"The bare perusal of the Indian Medical Council Act 1956 demonstrates that Medical Council of India has been assigned purely recommendatory role for the Under Graduate Medical Education. The provision of the Indian Medical Council Act 1956 clearly lay down that the recommendations of Medical Council of India have to be considered by the Central Government and which alone has to take a decision one way or the other. It is submitted that AIIMS and PGI of Medical Sciences and all such other institutions established under the Act of Parliament are outside the ambit of MCI Act but are under the administrative control of Government of India. The Central Government for reasons well defined in law has all prerogative to take decisions different from the recommendations of MCI.

That the Hon’ble Supreme Court AIR 1988 SC 1048, Govt. of AP Vs Dr. R. Murli, while considering the effect and implication of the Regulations framed by the MCI, on the basis of the affidavit of the MCI that it is only a recommendatory body and the Regulations framed by it are only recommendatory and not mandatory.

It is submitted that the DNB degree/qualification is equivalent in all respect with MD/MS degrees and the letter dated 1st June, 2006 has been issued after considering all the factors by the Government of India. In order to bring parity between MD/MS students and DNB qualification holders, it is submitted that the teaching experience gained in institutions conducting DNB courses should be treated as teaching experience for the purpose of appointment as medical teachers in medical colleges/institutions"

(6) As per the provisions of the Indian Medical Council Act, the role of Medical Council of India is recommendatory to the Government of India. The Medical Council of India cannot encroach upon the powers of Government of India by issuing a letter which even otherwise, is based upon incorrect observations and is a matter of adjudication before various High Courts in the country,

(7) Considering the stay granted by the Hon’ble Court in the matter and the emerging legal position and till such time, the matter is adjudicated by the Hon’ble court, it is desirable for all recruiting agencies that the status quo may kindly be maintained and the DNB degree holders should not be discriminated, demoted or their assignments/employment terminated.

Yours sincerely,

(Dr. A.K. Sood)
Executive Director

'Doc registered in one state can't work in another'

2009-04-14T09:33:00.000+05:30

http://timesofindia.indiatimes.com/Cities/Doc-registered-in-one-state-cant-work-in-another/articleshow/4387108.cms

MUMBAI: A medical practitioner registered in one state cannot practise in another state unless his or her name finds place in the central

register, the Supreme Court has held.

The court has also noted that an unregistered medical practitioner and one without a recognised degree or qualification cannot place the prefix "Dr" before his/her name or claim to be a doctor. The two observations form the crux of a recent apex court ruling upholding a 2007 Bombay high court judgment.

The matter had reached the SC after a bench headed by Justice B H Marlapalle banned ayurvedic and unani practitioners registered under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act from practising in rural Maharashtra. The HC held that they had no recognised degree or qualification. It also banned those with a degree or diploma in electropathy or homoeo-electrotherapy to portray themselves as doctors or use the "Dr" prefix.

The SC ruling means that not everyone practising medicine can claim to be a doctor or use the "Dr" prefix. The judgment also makes it clear that unless a medical practitioner in Indian medicine is registered in the central register under the Indian Medicine Central Council Act, she/he cannot practise in the country.

The SC dismissed the claim of a number of practitioners of ayurveda and unani that once they were registered in a particular state, they had the right to practise anywhere in the country.

The apex court held that the restriction placed by law was a "reasonable restriction'' and such practitioners could not claim that their fundamental right under Article 19(g) to practise their profession was being violated. "Reasonable restriction can always be put on on the exercise of right under Article 19(g),'' the court said.

The SC also held that "what constitutes proper education and requisite expertise for a practitioner in Indian medicine must be left to the proper authority having requisite knowledge in the subject''.

Many of those affected were ayurveda practitioners who possessed sufficient knowledge and skill but held no formal degree, diploma or certificate from a recognised institution.

Nikhil Datar a gynaecologist, told TOI, "The problem is that we have only five recognised schools of medical streams-allopathy, homoeopathy, ayurveda, unani and siddha. Anything other than that is not a recognised stream. You can't be called a medical graduate or doctor in the areas of homoeo-electrotherapy, electropathy, acupuncture etc."

s.deshpande@timesgroup.com

Tamil Nadu Government Doctors Association (TNGDA) Official eLibrary: Hospital Protection Act - No. 48 of 2008—Tamil Nadu Medicare Service Persons and

2009-03-31T07:57:00.000+05:30

Tamil Nadu Government Doctors Association (TNGDA) Official eLibrary: Hospital Protection Act - No. 48 of 2008—Tamil Nadu Medicare Service Persons and Medicare Service Institutions

Dip NB is equal to MD / MS / DM / MCh - including Teaching Experience - Gazette Notification

2009-03-09T15:14:00.005+05:30

Harchan Singh Oration: Scenario of Postgraduate Medical Education in Community Medicine in India

2009-02-27T23:52:00.005+05:30

Indian Journal of Community Medicine

http://www.indmedica.com/journals.php?journalid=7&issueid=56&articleid=683&action=article

Harchan Singh Oration: Scenario of Postgraduate Medical Education in Community Medicine in India
Author(s): Sunder Lal*
Vol. 29, No. 2 (2004-04 - 2004-06)

The objectives and goals of Postgraduate medical education in Community Medicine are to produce competent specialists to manage the teaching departments in the Medical colleges, or to manage health services and national health programmes at various levels or to conduct biomedical research in the discipline of community medicine. It is expected that the specialist so trained will be able to manage effectively the health services at Primary Secondary and tertiary level of care and function as effective leader of health teams engaged in health care, research and training. Much will depend upon the nature and content of training imparted to them during postgraduate period as also on the trainers or teachers. Right now the Medical Council of India which is the regulatory body on medical education, provides broad guidelines on postgraduate medical education regulations (2000) and purposely omits detailed curriculum. As per MCI 2000 regulations the major components of Postgraduate Curriculum Constitutes:

Theoretical knowledge
Practical and clinical skills (Managerial skills)
Thesis skills
Attitudes including communication skills
Training on research methodology.

The major focus of MCI regulations is on staffing pattern, their qualification and facilities and recognition of institutions for P.G. Courses rather than regulating a standard curriculum.¹

The knowledge and skills gained in the field of social sciences, epidemiology, biostatistics and managerial sciences, ultimately should result into capabilities of becoming a good communicator, a young teacher, planner, researcher with analytical skills, a manager, a leader of health teams and above all mobilizes of resources with mindset of thinking epidemiologically and acting socially in varied situations. The emphasis should shift from "teaching to learning". In order to facilitate learning the trainer should have a plan of what needs to be achieved at the end (learning objectives), what content areas need to be selected for this purpose, what method of training is most appropriate and how to judge whether the learning objectives are attained or not (evaluation).

In the first instance, there is no well defined curriculum worked out, if at all it is there, the methods of acquiring the desired competencies are vague or not at all stated. Therefore, the challenge is to work out a written protocol stating the competencies to be acquired and methods to be adopted to acquire such competencies within a time frame. Only a few institutions in the country have adopted a detailed curriculum of PG studies in Community Medicine in the country. I could lay my hands on curriculum of premier institutes of PGI Chandigarh, AIIMS New Delhi, DNB courses, PGDMCH IGNOU and NIHFW, respectively.^2-9 Of late, Universities of Health Sciences have come into existence and hopefully these universities will come out with a detailed uniform curriculum at the national level to be pursued and followed at various levels.

The current situation is that these universities are primarily occupied with conduct of examinations, appointment of examiners for thesis and final university examination apart from awarding degrees. At places Health Sciences Universities have appointed curriculum consultants too, probably to evolve need based, relevant and appropriate curriculum for various disciplines including the discipline of Community Medicine. But so far these curricula have not come out of the shelves.

Prescribing curriculum, its contents and programme of teaching and training is no problem and it appears to be fine on paper and write up but its implementation leaves much to be desired. Since MCI also emphasized ''self directed" learning during the whole course of PG study, the PGs are left to themselves in most situations to learn and acquire need based competencies and skills and knowledge and most of which is based on peer's experience and work culture specific to the situation of that place MCI has left it to each discipline and department to evolve a competency and need based well defined curriculum, made available to trainees at the beginning of the programme to enable them to acquire desirable competencies.

Training Variation - Training Scenario:

The status of PG training in India as imparted by various institutions/universities varies from institution to institution and from state to state, depending upon the strength of faculty positions as also facilities. The course contents, methods of training and experiences gained through postings and methods of evaluation, nomenclature of theory papers and final evaluation varies from university to university. A vast majority of PG education tends to occur in tertiary care hospitals, where super specialists and unusual diseases is the focus of academic attention, whereas M.C.I. regulations explicitly focus on community needs based education. Students are placed in the community to learn social sciences, basic tools of community diagnosis, epidemiology and biostatistics as well as concern for management, community mobilization/organization and participation apart from logistics, supplies and finance mobilization for primary health care.

One of the basic premises of Community Medicine teaching and training is that most of it should occur in the community and of necessity it should be community based and Community biased. Field practice areas in most situations have not been developed and consequently nor its laboratories and accordingly the mindset of PGs develops in that orientation and environments. Since the training contents, methodologies and exposure varies from place to place the competency and skills acquired also vary from product to product. There is no agreed upon principle of minimum or essential skills to be acquired by the PGs in the course of three years training. MD Degree in Community Medicine attracts graduates who have been denied the opportunities or are placed on low merits in entrance test, with some notable exceptions. Therefore it is a challenge for the teachers of Community Medicine or department to train such candidates.

One institution cannot do all the justice for producing a right kind of product. One has to draw other relevant resources of the institute in the first instance or have to develop linkage with the district/state health authorities to create learning situations for PGs. Sometimes one has to develop linkages with other departments in the neighbouring states or national institutes.

Teachers and faculty in Community Medicine must keep their eyes and ear open to know the strengths and weakness of various Public Health Institutions and Medical Colleges in the country. It must be acknowledged that no one institute or Medical College can offer varied learning experiences, so essential to assimilate for training of postgraduate students and to develop faculty and respective department of community health. Networking of teaching, training programmes, research endeavours and facilities available can provide an opportunity to enhance the training programmes.

Recently results of survey of 103 medical institutions as also our observation of 57 medical colleges showed that activities of public health departments/ institutions in India varied substantially. A few of institutions conducted a number of courses including distance education programmes, did publish a lot of research papers, besides organizing national and international conferences and trained many professionals in public health. However distressingly, around 50% of institutions were not very active in terms of above activities.¹⁰

PGs from the department of Community Medicine of various institutions in Delhi were quite often seceonded to Medical College, Rohtak, for extended period of two weeks, in field practice areas to acquire competence in national health programmes in rural settings as also to develop community contact with PRI's. Quite often the PG's from LHMC, AIIMS, NICD, NIHFW were seconded to field practice areas of Medical College, Rohtak to acquire specific competancyrelated to National Health Programmes. Similarly, trainees of NIPCCD, IGNOU and Regional training centres of NIPCCD, were posted to Medical College, Rohtak field practice area to learn aspects of Integrated Child Development Services in rural areas. Similarly, DGHS of India used M.C. Rohtak as a launching pad for developing preventative initiative against common disabilities (Impact India). faculty and students of national institutes of Delhi derived i s such exposure and enriched their training programme. Both Faculty and students of Medical College Patiala, Central Bureau of Health education, Delhi and AIIMS and R.P. Centre of AIIMS had first hand experience of mobile teaching cum service hospitals camps; thus opportunity of C.R. Dass mobile hospital camp was used by neighbouring states quite often.

Postgraduate training in Community Medicine should be far more oriented towards the Community with residents working in direct supervision and in collaboration with one or more interns in the rural areas. He should take responsibility for community in PHC system; this would add on to the credentials of the PG.

Most of the thesis subjects chosen are community based, usually epidemiologic in nature and generally relevant and appropriate to the needs of the community but not necessarily high priority areas. Subjects chosen and studies pursued are focused primarily on the extent and nature of problem, which are too well known by now. Distressingly management areas are altogether left out or seldom attempted. Thesis subjects pursued may not be the local or state level priority and this fits into the convenience of students or teachers. In most situations thesis is the only research work pursued by the departments. Much more needs to be done in this direction as lot of time goes in this pivotal activity (about one year or more). Teachers have to accept this challenge. Ultimately the thesis should lead on the development of competency and skills in research methodology (sampling, epidemiological design, sources of data, interview techniques, primary and secondary data, management of, data, presentation of data report writing and search for references etc).

The struggle starts the day the PG enters the Department of Community Medicine with high hope or some hope and he starts dreaming and most of their) dream to end up with International agencies, nothing bad about it, but what next? After selection to PG Course, a PG struggles to find out the subject of thesis protocol as he has to submit his plan of thesis within one year of beginning of course. Much depends upon the teachers and guides. PGs themselves are at a loss to find out the appropriate subject) topic; therefore teachers have to select a subject for thesis. Teachers with insufficient experience and maturity, of eight years can seldom find an appropriate subject hence the senior teachers must support and take the lead. The subject of thesis should be based on the teachers experience in that area or preliminary work done in that area in the field or at institution. Accepting PG for MD degree is a big responsibility and it must be discharged with utmost commitment and teachers must work hard to accomplish the task. The only research contribution of a teacher happens to be one or two odd papers out of PGs thesis, which leads to self deception and stagnation. Teachers should continuously pursue one or the other research project in the field. Further the subject should be innovative and relevant to needs of community and high priority at state or national level. PG starts searching and gets trapped to internee and gets aliens' references or all foreign references and misses the work done in India altogether and produces an alien protocol not relevant to our situation. Thesis in its final form either becomes a decorative document of library shelf or student's precious possession, it is seldom shared with district, state or other health institution authorities. In essence the results are never fed back to the programme or shared with community whose lives it affects most critically.

Find evaluation of the PG student is in fact an evaluation of teaching and training faculty of that department as also the learning opportunities provided or marshalled by that institute. It is a great event of mutual learning besides faculty development and feed back.

Examination system: System of final evaluation of PGs varies from institution to institution. System of continuous evaluation of student by the department/institution faculty is something of an exception than a rule. Log books in most situations are not maintained by the Postgraduates. In most situations the students are given an episodic family exercise and short cases in the community or in the hospital. Focus of these exercises in most situations are missing or absent, altogether these exercises become an endless process and free for everything and whatever comes to the mind of students.

It is almost a ritual to allocate exercise on statistics and Epidemiology which are highly theoretical and mathematical in nature, far away from real practical situation, and lack application by and large. In some institutions the students are given public health laboratory exercises. Students are grilled during viva voce to test their cognitive domain. Psychomotor and affective domain are seldom evaluated. The experience of over 20 years as Postgraduate examinership reveals that health management exercises, training and communication exercises are almost missing in the final evaluation. It reflects that these are probably not a part of the total curriculum. Performance of students was much better, wherever they were trained in the community and in field practice areas.

It is imperative to carry out PG training in the community to acquire competency in community diagnosis, community needs assessment, health priorities, resource mobilization, training of health teams, work load and work-schedule, evaluation of health programmes etc. Building epidemiological and managerial exercises based on the community based teaching seems to be more rewarding than purely theoretical exercises. Faculty and teachers themselves should take lead in these endeavours to become better guides for students and better teachers of Community Medicine. Continuous follow up of family/families should have positive influence on learning of epidemiologic methods, cohort studies, experimental epidemiology besides descriptive epidemiology.

Learning skills of epidemiology: PGs should always think 'epidemiologically and act socially' in varied situations. There cannot be universal application of a method for learning of basic minimum skills of epidemiology, of necessity these need to be diversified in view of local situation. These skills need to be practiced repeatedly to develop perfection. Skills must be practiced in "live situation" of health care delivery system and Integrated Child Development Services, in urban and rural settings respectively. Onus of developing these situations conducive for learning of skills of epidemiology lies with the teachers of PG." It should be accepted that the real epidemiologists are those who practice the science of epidemiology, in our way of thinking these are grass root workers like, anganwadi workers, traditional birth attendants and health workers and the people themselves. In essence these skills are to be acquired in the community itself. Whole of the epidemiology can be learnt in mastering one programme in the field situation and the living example is National Anti Malaria Control programme.

Following Components of epidemiology can be learnt:

Population under surveillance (At risk population),
Planning Surveillance operation to cover whole population.
Periodicity of visit-beat programme- Spot maps.
Calendar of activities - Active Surveillance - Passive surveillance.
Monthly and Annual incidence of fever.
Annual Parasitic Infection/incidence rate (API)
Infant Parasitic rate.
Slide Positivity rate.
P vivax and P. Falciparum Positivity rate.
Mortality rates.
Spray operation-coverage-impact.
Mosquito density and infection rate.
Entomology in Malaria.
Intervention Epidemiology - Spray, presumptive and radical treatment, mass radical treatment.
Organization of Programme - Laboratory services:
Fever outbreak investigations.

This offers extensive ground for learning of descriptive, analytical and experimental or interventional epidemiology provided the PG students assimilate the facts on the ground and in the Community. Likewise RCH programme in field settings offers an opportunity to learn several aspects of epidemiology.'

Similarly Epidemiology of non-communicable diseases can best be practiced in ICDS model. Example is nutritional status of young children and prevention of malnutrition through growth monitoring of young children.13-15 This offers a unique opportunity to learn descriptive, analytical and interventional epidemiology. Cohort studies and case-control studies done by the students themselves offers a wonderful opportunity to learn epidemiology which I call a best opportunity. Class room teaching of epidemiology and computer learning of epidemiology is no substitute to live situation.

Outbreak investigation by students themselves under the guidance of a teacher is yet another opportunity to contain the epidemic and prevent future occurrence and is best example for participatory and active learning of epidemiology. Recently the PGs were involved in investigation of Dengue fever, outbreak of falciparum malaria and hepatitis to learn epidemiology of public health emergencies.

Coverage evaluation surveys should be a routine exercise given to students in urban or rural settings, to both UG and PG students during Intensified Pulse Polio immunization or as a matter for routine immunization coverage in the district. Campaigns like Family health awareness week, goiter surveys, Intensified Pulse Polio Immunization, health melas offer ready made opportunity to learn multiple things including epidemiology, these should be exploited fully.

Epidemiology of interventions like immunization, Vitamin A prophylaxis, IFA therapy and prophylaxis, deworming, therapeutic and supplementary nutrition, safe water, hand washing, school health education, communication for behaviour change for HIV and AIDS and their impact or effect or else coverage, work up by students under appropriate direction can bring in lot of learning of epidemiology.

Two months training course in epidemiology pursued by NICD Delhi, ICMR Institute of epidemiology at Chennai and DPH training at AIIH and PH Calcutta have played distinct roles to prepare field epidemiologists in the country.

Learning Demography and Biostatistics and Health information system: Focus should be on applied demography and biostatistics as it is being used for health programmes and service delivery. Involving students in annual surveys of eligible couples and their updating in urban or rural areas, delineating householder and population, age and sex, composition of population, sex ratio, family size, total fertility rate, birth interval, age of marriage, preferences for contraceptive and contraception use rate, profile of acceptors for different methods, open and closed birth interval; segmentation of clients and according priority to clients for contraception, immunization and antenatal care could be stimulating live exercises in the field, Anganwadi set up or subcentre set up could be used to learn crude birth rate, death rate, pregnancy prevalence, contraceptive prevalence rate, as also causes of death amongst young children. Live book for biostatics and demography is an Anganwadi or sub centre in action.^16-17 According to our rating these are best learning temples for biostatistics and demography. Interaction with people and community on their life styles and pattern of living conditions can further enrich these data. Sampling frame and sampling for coverage evaluation surveys can be best learnt in community setting in the form of project exercise or case studies. Elements of biostatistics can also be picked up from district rapid surveys, facility surveys. NFHS, census data and state and district statistics or statistics of field practice area for better learning of demography, statistics and epidemiology. Unfortunately we are obsessed with class room learning of biostatistics and demography and tend to be data driven than action driven. Programme workers are using their data for action and this is the crux, we have to emphasise and demonstrate how to use data and how to collect data and improve the quality and coverage of services in field situations. Different sources of data collection from the field and their use at local level and sharing of information with community and use of data and information by health managers for decision making needs to be demonstrated to PGs for learning of biostatistics and health information system.^16-17

PGs should be involved in preparation of monthly monitoring reports and participate to some extent in maintenance of records of facility and give feed back to the workers and health managers for effecting improvements in the system besides evaluating the performance of worker or a facility in the system of health care. Recently computer compatible system of health information is in vogue but it has not been adopted universally. Similarly PGs should utilize the opportunity of preparing annual morbidity or monthly morbidity return of a facility to capture the prevalent morbidities of a geographical area and use there of for indenting medicine and prevention of disease to reduce disease burden.

Learning life table method of analysis from growth charts and follow up of pregnant women and young children have undoubtedly served as best tools to learn biostatistics and epidemiology.

Learning of Managerial and Social Sciences Skills: Teaching and learning of management at PG level has been neglected by and large. Teachers are at loss to deal with this subject and they lack confidence and experience. In the first instance the trainers need to be prepared to enhance the learning of management. Though varieties of self directed learning modules are available on management (NIHFW, Agha Khan Foundation, IGNOU and RCH Modules) for different categories of functionaries. There is no guarantee that after reading these modules one acquires the competency or skills of management. Best way to learn skills of management is to practice basic elements of management by doing things themselves in live situations of health care delivery system. Admittedly learning whole of management and appropriate skills may be beyond the reach of many but certain major aspects can be learnt.18-20

We have used the live situations wherein PG becomes part of health care delivery system at the level of Primary Health Centre and CHC. He/she participates in planning of outreach sessions on immunization, beneficiaries sub-centre wise, carries supplies to sub centres, monitors session on immunization, injection safety and prepares reports, ensures follow up of immunized for adverse reactions. Besides this, they participate in social mobilization and maintenance of cold chain system apart from surveillance of diseases (AFP).

Community needs assessment approach: Under RCH, though a paper tiger, has been used as tool - for PGs to learn community diagnosis and "action plan", at the level of sub centre. It is mandatory in our settings for a PG to take responsibility of a sub-centre for two months to pick up the skills by observing job-responsibilities and jobs performed by health workers, preparation of supervisory check list, monitor the performance through monthly reports, participate in continuing education of workers through sector meetings, use of essential drugs in kit A and B, work load and work schedule of health workers, built in mechanism of supervision, community contact and home visits of workers. Once a month, PGs contact the PRI in a predetermined village on fixed dates to get feedback and consultation with elected leaders and to generate additional resources for health sub centre. PGs help organizing women groups (MSS groups), once a month contact with women groups to build their capacities and give them health responsibilities in their neighbourhood (DD., Depots for IFA. contraceptives and chlorine tablets).

Since PGs are part of health care delivery system they are part of all mpnthly meetings held at PHC and CHC to learn the problems faced by workers, managers' responsibilities to solve these problems, supportive supervision, planning with consultation of workers, giving feed back to workers and supervisors and their continuing education as also reviewing their performance. Cash book inventories, total budget on salaries, drugs and other contingencies, indent preparation, stock register of medicines for drug inventories and log book maintenance for vehicle are repetitive exercise done by PGs for presentation to medical interns. Total internship training programme is managed by PG and senior resident in the setting of PHC/CHC. In essence PGs learn about the available manpower, their control and supervision, material resources, planning and organization of services for coverage of total population as also their monitoring and evaluation. It is total participatory learning.

PGs become part of UG training and take responsibilities of training of small batches in family studies, organize demonstrations and prepare settings for training under the supervision and guidance of teacher to impact skill based training to UGs in the Community. Similarly PGs become part of resident Internship training programme in the community setting and follow a well defined competency based curriculum drawn by them for 3 months under the preceptorship of faculty member. Since the PGs are resident with interns and faculty members in the community setting at PHC, the learning is maximum in the areas of community interactions and contacts, health care delivery system and national problems besides continuing education programme of functionaries. Learning methods and educational technologies are practiced in the community with Mahila Swasthya Sangh meetings, school population education programme, PRI, traditional birth attendants, Anganwadi workers, health workers and their supervisor, school teachers and other women groups. In our experience through internship and UG training programme the PGs training has been taken to community settings and it has positive impact on development of right kind of attitudes and value system and leaves an indelible impression on the minds of PGs. Most often the internship training programme is drawn and dovetailed deliberately with the activities of CHC/PHC during a particular month. Having vibrant internship and UGs training programme means creating lot many opportunities and situations for PGs training on sustainable basis. In a way it can be most creative and satisfying experience.

The residents in our situation take the responsibility for a defined community, for the training in management of health team, and perform an important teaching function as well as become role models, giving positive influence to the internship experience. All residents are involved intensively in the management process of primary health care system.

Interaction and involvement of District Programme Officers (Health Services) and District Civil Surgeon/CMO in teaching and training programme provides enrichment of learning of community medicine and enhances the development of faculty of Community Medicine apart from building most relevant PGs' training to learn managerial aspect of health care delivery and national health programmes. The situation of district training teams and regional training centre developed all over the country for integrated skill training under RCH Phase I and basic training/ promotional training for workers and supervisors and specialized skill training, can be effectively utilized for PG's training. Exposure to such situations can be most productive for learning of all aspects of RCH (Maternal and Child Health as also national health programmes). Faculty of medical colleges must utilize this opportunity by building good relationship with local CMO/Civil Surgeon and mutual understanding.

In the first phase, the Professor and HOD of Community Medicine should attend all monthly meetings of Civil Surgeon and help district teams as resource person, and expose all PGs to this stream to learn managerial skills. Such an exposure provides an opportunity to learn the most pressing local health problem, which can be chosen as an area of thesis for PGs or could be taken up as a research project for the department. Faculty of Community Medicine could become part of rapid evaluation team undertaking district programme evaluation. The results of evaluation and thesis subjects should be fed back to the system for effecting improvements in the system.

Responsibility of geographical area in urban slums set up or rural field practice area should rest with the department of Community Medicine for delivery of services of national health programme as also rendering reports to Civil Surgeon or Municipal Corporation on standard format. This step further establishes linkage with health service system and promotes learning in real situations and can lead on to development of field epidemiological unit.^21-26

Developing Positive Attitudes-Motivation-Communication Skills: Motivation and development of positive attitudes comes through role models and it cannot be enthused through sermons. Teachers. Senior residents and Medical officers should become good role models and set high standard for themselves, which is observed by PGs and interns and health teams. Senior residents, PGs and interns are resident in field practice area, in our set up and it gives a positive influence to learning as they lead a corporate life. We all are continuously being judged by people, our health teams, interns and PGs who subsequently talk about us and describe our profile and transmit all these to their fellow colleagues. Teachers leave an indelible impression on the minds of taught. Therefore motivation and developing right attitudes is a challenge to the teacher community, how much they transmit and propagate depends largely on them. Shaping personality of interns and PGs depends on teachers and teachers of Community Medicine have a special role in the institution.

Sustained interaction with community and health workers are the basis of ascertaining their communication needs. Communication needs assessment is seldom undertaken. One needs to organize women groups, PRI groups and communicate with them on regular basis to build mutual trust and platform for communication. Communication material which comes in abundance to PHC has to be used judiciously to communicate the message to targeted groups like MSS, PRI, pregnant and lactating women and adolescent girls and boys in and out of schools. PGs have access to all these materials and should develop the abilities to organize groups along with area health workers and supervisors.21.26 Evaluation of communication material and message is a virgin area altogether, PGs could use this opportunity to learn the technique of evaluation of health education efforts.

Our experience of involving PGs for interpersonal communication skills development has paid rich dividends. Anganwadi workers have proved to be best communicators, their communication skills have been imbibed by the PGs and health workers in the area of safe pregnancy, safe delivery, promotion of breast feeding, feeding of young children, immunization, management of illnesses, contraception and promotion of personal hygiene practices. Communication skills and counselling skills are vital to change behaviour to reduce morbidity and mortality in women and children.

Learning Teaching and Training Skills: While it is essential for teachers in general education to undergo formal training in education, no such Scenario of Postgraduate Medical Education preparatory facilities are available in training in health. Very often teachers acquire skills by chance than choice.

Teacher is a role model for the student community. Teachers training or training of trainers is critical input to develop right kind of trainers/teachers. Medical education cell is a partial answer to the problem. Transmission and propagation of teaching skills to PGs is a pivotal responsibility of the teacher. IAPSM should take the onerous responsibility to train its members as good teachers.

Most teaching and training skills are acquired by imitation of teachers within the department. At the best these skills are acquired by taking responsibility to conduct some tutorials or demonstration for undergraduates. It has been observed that delegation of batches of UGs to PGs is done without briefing or guidance or without preparing the situation for training and consequently the PGs soon become frustrated. In other words PGs are being just told to take a batch or tutorial. How to conduct a group discussion, organization of demonstration, preparation of lesson plan, educational technologies, teaching methods, use of teaching-training aids and evaluation of lesson plan is seldom taught seriously to PGs. Best way to impart training of teaching skills to PGs is to let them attend the UG class when a senior faculty member teaches such a class, as a model of teaching training. Such a step will compel a teacher to come prepared thoroughly. Microteaching is yet another technique which could be exploited in peer groups or small batches to develop teaching and learning skills under the guidance of a supervisor.

Wherever the postgraduate works in direct supervision and collaboration with medical interns and takes responsibility for internship training programme the pride of teaching and training develops to its full potential and provides the postgraduate the valuable experience to become part of his professional credentials when he becomes a teacher for the undergraduate students²⁷. Gradually involving PGs in teaching, training programmes of multipurpose health workers, integrated skill training programmes, Anganwadi workers and traditional birth attendants, team's training and continuing education activities of health teams at the level of PHC/CHC has paid rich dividends. Teaching and training of grass root functionaries (AWW and TBA and Health guides, women groups) is a bigger challenge than training of undergraduates. Training needs assessment, communication needs assessment and managerial training needs assessment can become core content of developing appropriate activities for skill development and important exercise or stimulus for further action. It may be stated that training responsibility is a neglected area and is left to an individual PG to develop himself/herself by trials and errors and just being told. Active thinking techniques are seldom deployed. Medical education cell/department established in the institutions to fulfill obligatory requirement of MCI is a step in the right direction but these have to work very hard to upgrade the teaching and training technologies and skills of faculty.

Learning skills of research methodology: The PGs should develop an analytical and critical mind. One way and most common method to inculcate this skill is "thesis" for PGs which is must under MCI Regulations. Apart from thesis, the other methods to develop enquiring mind are teaching and training of undergraduates, Project work, rapid evaluation of health programmes, planning and evaluation of programmes as enunciated under acquisition of managerial skills and epidemiological skills. Departmental research projects also can stimulate learning research methodologies. Peer group learning from each other through their respective thesis topics and research methodologies adopted. Operational research and action research activities in the delivery of national health programmes imbibes lot of skills of Health System Research in the areas of improving coverage and quality of services. One neglected area of research is cost containment and cost benefit of intervention or the field of health economics, which is the need of the system. Health system research courses organized by the NIHFW provides useful opportunity to develop research capabilities of young faculty. Community itself provides lot of opportunities for learning of research methodologies.

What I have deliberated/said about PG training scenario in the country is not a road map for all the problems, it is indicative of strengths and weaknesses of various models of PGs training in a vast country like India where diversity prevails, available manpower and facilities are bare minimum with enormous challenges. It is suggested that networking of various models of training, case studies, research endeavours, field practice areas and their facilities, special skills available for learning of epidemiology and biostatistics in the country be done and disseminated widely to enable faculty and teachers of community medicine to facilitate training and teaching of PGs. This is essential in view of the NHP 2002 which envisages progressive increase in the PG seats in the disciplines of "Public Health" and "Family Medicine" to reach the stage of 25% of total seats for these disciplines.²³ Training desist to rely totally on computer based community medicine learning for PG's. Modern technologies should be used but should not substitute community model or live situation. Teachers training in core content of community medicine through training of trainers exercises helped by IAPSM or donor agencies are to be encouraged. IAPSM holds pivotal responsibility in this area and it has demonstrated by organizing successful RCH orientation activities for teachers of 57 medical colleges in the country about two years back. The same endeavour should continue with progressive involvement of IAPSM.

References

Medical Council of India. Postgraduate Medical Education Regulations; 2000. Medical Council of India. Aiwan - E-Galib Marg, Kotla Road, New Delhi.
Postgraduate Institute of Medical Education and Research, Chandigarh. Syllabus of M.D. Community Medicine-2000.
All India Institute of Medical Sciences, New Delhi. Syllabus of Community Medicine MD.
J.S. Gill and K. Ramachandran. Objectives of Training in M.D. Community Medicine. The Indian Journal of Medical Education 25;2 PP 13-21 May- August 1985.
National Board of Examinations Syllabus DNB Programme. Guidelines of Competency Based Training Programmes in Community Medicine, 2003.
Indira Gandhi National Open University, School of Health Sciences. MME-101. Preventive MCH. Basics of Planning and Management Block- 6-IGNOU, 2003.
Indira Gandhi National Open University (IGNOU). School of Health Sciences MME-101- Epidemiology in Maternal and Child Health, Block 3 IGNOU-2003.
Programme Guide. Post Graduate Diploma in Maternal and Child Health. School of Health Sciences. Indira Gandhi National Open University, Maidan Garhi. New Delhi, 2003.
Management Training far Primary Health Care. Assessment of Management Training Needs. National Institute of Health and Family Welfare, New Delhi, 1986.
Public Health School without walls. A report of network activities 2001 2002. K.R. Thankappan, K. Mohandas, Carel IJsselmwden, Reginold Matchaba-Hove, Manju Ranjit. Achutha Menon Centre for Health Science Studies. Sree Thiruvananthapuram, Kerala, India, Nov. 2002.
Management Training Modules for Medical Officer. Primary Health Care. National Institute of Health and Family Welfare, New Delhi, 1987
Manual on Target Free Approach (CNAA) in Family Welfare Programme MOH and FW Govt. of India, New Delhi-1996.
Manual on integrated Management Information System for ICDS. Deptt. Women Welfare, Ministry of Human Resource Development, Shastri an blew - Delhi, 1986.
Integrated curriculum in UIP, DDC, MCH, ARI and ICDS for District Immunization Officers, PHC Medical, Officers, HA (Male and Female) MPW (M and F) and MS and AWW. Central Technical Committee on Health and Nutrition (ICDS) AIIMS, New Delhi.
Tandon BN. Participation of Medical College in National Health Programmes - An Experiment in India. NFI. Bulletin. Bulletin of the Nutrition Foundation of India July 1986 Vol. 7 No. 3.
Module for Continuing Education of Medical Officer of Primary Health Centre. Rural Health Division DGHS, MOH and FW Govt, of India, New Delhi-1990.
Health for All - An Alternate strategy. Report of the study group set up jointly by the ICSSR and ICMR Indian Institute of Education, Pune ICSSR-1981.
Alternatives in Development: Health. Health Services and Medical Education. A programme for immediate action. Report of the group on Medical Education and Support Manpower. MOH and FW, Govt. of India, New Delhi. ICSSR 1975.
B.P. Patel. Reorientation of Medical Education for Community Health Services MOB and FW, Govt. of India, New Delhi.
Guidelines for Health- Manpower Planning. P. Hornby. Dk Roy P S - TL Hall, World Health Organization Geneva, 1980.
Report of the working group on Health For All by 2000 AD. GoeL or India, MOH and FW 25th March, 1981, New Delhi.
Postgraduate Paediatrics Series. Edited by John Apley Paediatric Priorities in the developing world by David Morley. Butterworths and Co. London Boston, 1978.
Govt. of India. National Health Policy 2002. MOB and FW Govt. of India, New Delhi.
Bulletin on Rural Health Statistics in India March, 2002. Issued by Infrastructure Division, Department of Family Welfare. MOB and FW, Nirman Bhavan, New Delhi.
Postgraduate Medical Education in India. Proceedings of the Fifth Annual Conference of IAAME held under the auspices of the University of Delhi-1965. Edited by R Viswanath and AS. Paintal. Published by P.S. Jayasinghe, Asia Publishing House, Bombay.
Medical Education in India today an IMA publication. Based on the proceedings of the National Seminars on Medical Education organized by Indian Medical Association at New Delhi, December 7-9, 1990.
Organization of Health Services and training of Physicians for Child Health Services. R.S. Arole and Jon Eliot Rohde. A consultant Report to USAID-1983.
Health Manpower, Planning, Production and Management. Report of the Expert committee, MOB and FW, New Delhi - 1987.

Ragging is like human rights' abuse, says SC

2009-02-25T23:52:00.002+05:30

http://www.hinduonnet.com/thehindu/holnus/002200902112231.htm

New Delhi (PTI): "Ragging in essence is a human rights' abuse," the Supreme Court on Wednesday said making it clear that any student prima facie found guilty of indulging in such an act would invite immediate suspension and institutions' bid to shield the culprits would lead to cuts in grants.

"The act by the seniors is a fist of steel against ice and likewise by doing so, they shatter the ambition, aim and object of freshers and they become aloof in this practical world," the Bench said adding that "ragging in essence is a human rights' abuse".

"Delay in taking action in many cases would frustrate the need for taking urgent action. In such cases if the authorities are prima facie satisfied about errant act of any student, they can...suspend the student from the institution and the hostel and give opportunity to him to have his say," a Bench comprising Justices Arijit Pasayat and M K Sharma said.

The Bench said such a measure was needed as a question was raised regarding giving opportunity to the offender before taking actions like expulsion etc.

It said law has to be set into motion immediately by informing the police about such an incident. "If it comes to the notice of the university or controlling body that any educational institution is trying to shield the errant students, they shall be free to reduce the grants in aid and in serious cases deny grants in aid," the bench said.

“Doctor can’t be held liable for error of judgment ”

2009-02-24T20:24:00.002+05:30

http://www.hinduonnet.com/2009/02/19/stories/2009021959251400.htm

Indiscriminate proceedings and decisions are counter-productive: Supreme Court

If punished, no doctor can practise his vocation with equanimity
It is true that medical profession has to an extent become commercialised

New Delhi: A doctor cannot straightway be held liable for medical negligence simply because a patient has not favourably responded to treatment or surgery has failed, the Supreme Court has held.

A Bench consisting of Justices Markandey Katju and R.M. Lodha on Tuesday said: “A medical practitioner is not liable to be held negligent simply because things went wrong from a mischance or misadventure or through an error of judgment in choosing one reasonable course of treatment in preference to another. He would be liable only where his conduct fell below the standards of a reasonably compe)tent practitioner in his field.”

The Bench set aside an order passed by the National Consumer Disputes Redress Commission, which held Dr. Martin F. D’Souza of the Nanavati Hospital, Mumbai, guilty of negligence on a complaint from Mohd Ishfaq, who was treated for renal and severe urinary tract infection.

Writing the judgment, Justice Katju said: “While doctors who cause death or agony due to medical negligence should certainly be penalised, it must also be remembered that like all professionals doctors too can make errors of judgment, but if they are punished for this no doctor can practise his vocation with equanimity. Indiscriminate proceedings and decisions against doctors are counter-productive and serve society no good. They inhibit the free exercise of judgment by a professional in a particular situation.”

Therefore, whenever complaints were received against a doctor or hospital, the consumer forum or criminal court, before issuing notice, should first refer the matter to a competent doctor or a committee of doctors, specialising in the field where negligence was attributed. Only after that doctor or committee “reports that there is a prima facie case of medical negligence should notice be issued to the doctor/hospital concerned.”

The Bench said: “This is necessary to avoid harassment to doctors who may not ultimately be found to be negligent. We further warn police officials not to arrest or harass doctors unless the facts clearly come within the parameters laid down by the apex court in Jacob Mathew’s case; otherwise, the policemen will themselves have to face legal action.”

The Bench said: “While this court has no sympathy for doctors who are negligent, it must also be said that frivolous complaints against doctors have increased by leaps and bounds particularly after the medical profession was placed within the purview of the Consumer Protection Act.”

The Bench said: “The courts and consumer fora are not experts in medical science and must not substitute their own views for that of specialists. It is true that the medical profession has to an extent become commercialised and there are many doctors who depart from the Hippocratic oath for their selfish ends of making money. However, the entire medical fraternity cannot be blamed or branded as lacking in integrity or competence just because of some bad apples.”

Sometimes despite the best effort, the treatment of a doctor failed, the Bench said. “For instance, sometimes despite the best effort of a surgeon, the patient dies. That does not mean that the doctor or the surgeon must be held guilty of medical negligence, unless there is some strong evidence to suggest that he is. On the facts of this particular case, we are of the opinion that the appellant [Martin F. D’Souza] was not guilty of medical negligence. Appeal allowed.”

Colleges submit merit lists for PG courses

2009-02-23T23:52:00.002+05:30

http://www.hindu.com/2004/03/23/stories/2004032310750300.htm

By Our Staff Reporter

BANGALORE, MARCH 22. Representatives of 13 private medical and 12 private dental colleges in the State on Monday submitted their merit lists for postgraduate courses to the Venkataraman Committee, which is overseeing the entrance test for professional college admissions.

The committee has reportedly indicated that the colleges could go ahead with their admissions after the panel's approval of the merit list. Three more colleges are likely to submit their lists on Tuesday, sources in the Education Department said.

According to the Consortium of Medical, Engineering and Dental Colleges of Karnataka (COMED-K) Chairman, R.L. Jalappa, representatives of the consortium's member colleges on Monday argued before the panel that the postgraduate admissions came under the purview of the Medical Council of India (MCI) regulations of 2000. "We have every right to hold the entrance test as per the regulations," he told The Hindu.

Besides, since there was no decision yet on the fee structure, sharing of government and management quota seats and the seat matrix, COMED-K had decided to postpone the interview dates fixed earlier, he said.

Mr. Jalappa said fresh dates for the admission interviews would be announced soon in the newspapers. A final decision on the entrance test for undergraduate engineering, medical and dental courses would be taken after meeting the Chief Minister, S.M. Krishna, he said. An earlier meeting with Mr. Krishna had to be postponed because of his hectic schedule.

MCI PG Medical Education Regulations, 2000 Notified

2009-02-21T23:52:00.002+05:30

http://news.indlaw.com/news2k-1548

October 26, 2000

The Post-Graduate Medical Education Regulations have been revised in tune with the advances taking place in the field of Medical Education and Medical Technology across the world. The Regulations called "Post Graduate Medical Education Regulations, 2000" were notified by the Medical Council of India after getting approval from the Central Government. These Regulations have been revised after a gap of 29 years.

A clause has been added in the new Regulations for allowing non-teaching institutions in Government sector to start PG courses. In the earlier Regulations, the medical colleges recognised for running MBBS courses were only eligible to start the PG courses.

Under the new Regulations, the training period for Super-Speciality courses has been fixed as 3 years after MD/MS. According to old Regulations, it was 2 years after MD/MS. The selection process of Post-Graduate students has also been dileneated. Now, the students can be admitted either on the basis of competitive test conducted by State Governments or other Competent Authority at both State level and Centre level or on the basis of individual performance at MBBS examination. Earlier, the students were selected strictly on the basis of merit judged on the basis of academic record in the Under-Graduate course. Keeping in view the importance of Post-Graduate Medical Education, the Teacher-Student ratio has also been revised. Some of the P.G. courses like Bio-Statistics, Immunology and Allergy, Emergency Medicine etc. were deleted from the earlier regulations as these have already been included in the other related specialities. Some of the courses have been combined into one speciality like Dermatology/STD/Leprosy and Cardio-Thoracic Surgery/Vascular Surgery etc. New specialities like diploma in Marine Medicine and super spcialities like DM Neo-Natology, Neuro-Radiology have been added to list of courses for which PG training can be given.

Reservation benefits state-specific: HC

2009-02-20T17:39:00.000+05:30

http://timesofindia.indiatimes.com/Cities/Chennai/Reservation_benefits_state-specific_HC/articleshow/3970062.cms

A migrant can claim reservation benefits under a particular category only if his caste fell within the reserved category in his home

state as well as in the state to which he migrates, the Madras High Court has ruled.

A division bench comprising justice Elipe Dharma Rao and justice S Tamilvanan, passing orders on a writ petition recently, said that even if the name of the caste was one and the same in both the states, the beneficiary could claim benefits only if the caste was declared as OBC or SC/ST in both the states.

"Even if the nomenclature of the caste is the same in both the states, only if the caste to which the beneficiary belongs to in that particular state is declared as SC/ST and the same is declared as SC/ST in the state to which he migrates also, can a person claim the status of SC/ST in the migrated state," the judges observed.

The petitioner R Venu, opposing denial of ST certificate to his son, contended that the community Ganaka, known as Kani or Kaniyan, is a notified OBC community in Kerala. But Kaniyan community is included in the ST list in Tamil Nadu. Noting that place of birth is immaterial for the purpose of determination of caste, he said the place where the parents of the applicant ordinarily reside' should alone be the criterion.

Rejecting the submission, the judges said Venu, who had migrated from Kerala, should make way for the disadvantaged and disabled communities in Tamil Nadu. Pointing out that the Supreme Court ruling on a similar matter passed on distinguishable set of facts, they said the principle applicable for declaration of SC/ST depends on the nature and extent of disadvantages and social hardships suffered by that group in that state, and not on the ground of having ordinary residence or domicile.

SEAT-SHARING FOR PG COURSES MCI unhappy with formula

2009-02-19T23:52:00.002+05:30

http://www.deccanherald.com/CONTENT/Dec202007/state2007122042180.asp

By Vijesh Kamath, DH News Service, Bangalore:
The seat sharing pattern for post-graduate medical seats, arrived at between government and private managements earlier this year has come under the scanner of Medical Council of India (MCI)...

The MCI, the highest decision making body on medical education, has taken serious exception to the seat-sharing pattern, citing that it goes against the regulation of the Council.

For admission to post-graduate medical seats for the academic year 2007, the government and 11 medical colleges under the aegis of the Consortium of Medical, Dental and Engineering Colleges in Karnataka (Comed-K), had arrived at a 33:66 seat sharing formula (i.e., 33 per cent filled by government and 66 per cent by private colleges).

In all, 832 PG medical seats were filled by the management, and 277 by the government.

However, the MCI is not happy. Sources say the Council has cited that the pattern is in violation to its ‘Postgraduate Medical Education Regulations- 2000’. The regulations stipulate that in private institutions, 50 per cent of the total seats shall be filled by the government and the remaining 50 per cent by the management of the institution, on the basis of merit.

And that’s not all. The MCI, in a letter dated December 14, had directed principals of the 11 medical colleges to compensate for the “violations” by offering the “excess”16 per cent (which is over and above the 50 per cent seats allotted to the management) to government during admissions for PG courses next year.

In other words, the MCI wants the government to fill 66 per cent seats in private institutions during admissions 2008. These MCI directions come at a time when the government and private managements have agreed that this year’s formula will be applicable for 2008 too.

However, Comed-K representatives argue that the MCI regulations have no relevance now following the Supreme Court judgement in the Islamic Academy case which abolished quota in private unaided colleges.

“Following the Supreme Court order, there is no obligation on us to part with management seats. However, on a request from the government, we decided to share 33 per cent seats,” Comed-K secretary Dr S Kumar said, adding, “Moreover, the memorandum of understanding between the government and Comed-K has been approved by SC.”

Comed-K will hold a meeting next week and dispatching a reply to the MCI to ‘clarify’ the issue, he said.

Doctors’ admission to PG courses quashed

2009-02-17T23:52:00.002+05:30

http://www.tribuneindia.com/2003/20031210/ncr1.htm

Doctors’ admission to PG courses quashed
Jatinder Sharma

Rohtak, December 9
The admission of Haryana Civil Medical Services (HCMS) doctors to various post-graduate courses like MD/MS/PG Diplomas in the PT B D Sharma Post-Graduate Institute of Medical Science (PGDMS) for the year 2003 has been quashed by the Punjab and Haryana High Court.

These doctors had failed to qualify in the entrance test conducted by Maharshi Dayanand University since they could not secure 50 per cent marks in the entrance test which was the minimum essential as per the Medical Council of India regulations.

However, the condition was relaxed and those securing up to 30 per cent marks were admitted in August 2003 in a hush-hush manner. The second counselling for their admission was announced only through an advertisement in a Hindi daily giving only 24 hours notice and the counselling was held on a Sunday. No interview letters were sent to the candidates.

The notice given was so short that many qualified candidates could not reach at the time of counselling and interview.

Although many eyebrows were raised, both regarding relaxation in the minimum qualifying marks as well as not giving due notice for second counselling, and strong protest by the open category candidates, the Chairman of the interview board went ahead with counselling and admitted HCMS doctors who had secured up to 30 per cent marks in the entrance test.

As per the regulations of the Medical Council of India, no candidate who scores less than 50 per cent marks (40 per cent in case of SC/ST) in the entrance test can be admitted to any MD/MS/PG Diploma course and these regulations are binding and had been published in the prospectus of Maharshi Dayanand University.

The open category candidates, who had secured more than 50 per cent marks challenged this decision in the High Court which upheld their plea and quashed the admissions of those HCMS doctors who had secured less than 50 per cent marks in the entrance test as being violative of the MCI regulations. The admissions to various courses in the PGIMS, it appears, have been jinxed in this year. In the MBBS/BDS admissions, the candidates with higher merit were left out and those with lower merit admitted.

The Punjab and Haryana High Court ordered a recounselling and admissions to be made in accordance with the merit list. Even the admissions done during recounselling, in pursuance of the High Court orders, have been challenged again in the High Court.

Even in course like B.Sc Nursing, a candidate with higher merit, who was left out, had to knock at the door of the courts.

The candidates of ophthalmic assistant were asked to appear in a written test although as per prospectus, their admission was to be made on the basis of 10 plus 2 merit. When the selected candidates took the matter to the court and pleaded with the highest executive authority of PGIMs as party by name, the administration conceded their plea and cancelled the written test.

Post Graduate Aspirants Group: Karnataka State Junior Doctors' Association (KSJDA)

2009-02-15T23:52:00.001+05:30

http://www.ourkarnataka.com/pgaspirants/pg_mcilaw.htm