Medical Council Of India Has No Power To Make Any Reservation For In-Service Candidates; States Have: SC Constitution Bench [Read Judgment]

Top StoriesMedical Council Of India Has No Power To Make Any Reservation For In-Service Candidates; States Have: SC Constitution Bench [Read Judgment] LIVELAW NEWS NETWORK30 Aug 2020 10:43 PMShare This – xThe Constitution Bench of the Supreme Court has held that Medical Council of India has no power to make any reservation for in-service candidates in Post Graduate Medical Course in any particular state. The bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose observed that the power of Medical Council of India Act is referable to Entry 66, List…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Constitution Bench of the Supreme Court has held that Medical Council of India has no power to make any reservation for in-service candidates in Post Graduate Medical Course in any particular state. The bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose observed that the power of Medical Council of India Act is referable to Entry 66, List 1, which is a limited source of power to lay down standards. It held that the Medical Council of India regulations providing for reservation for in-service candidates in PG Medical Courses are ultra vires the Medical Council of India Act.The Court has however clarified that the judgment will apply only prospectively and will not affect any admissions already made. Justice M R Shah, who read out the judgment, expressed  gratitude to all counsels for helping the constitution bench to decide the issue through virtual court.The Court further observed that States can make regulations to provide reservation for in-service doctors in PG medical course and suggests that States may ask such beneficiaries to serve in rural, hilly and tribal areas for five years.ReferenceTamil Nadu Medical Officers’ Association and others had filed a writ petition before the Apex Court challenging Regulation 9(4) and (8) of the Post Graduate Medical Education Regulations, 2000, as framed by the Medical Council of India. They had mainly contended that “the coordination and determination of standards in institutions for higher education” is within the exclusive domain of the Union, medical education under Entry 25, List III, though made subject to Entry 66 of List I, being an Entry in the Concurrent List, the State is not denuded of its power to legislate on the manner and method for admissions to Post Graduate Medical Courses.The Three judge bench, while referring the case to larger bench had noted the contentions of the petitioner that that “the coordination and determination of standards in institutions for higher education” is within the exclusive domain of the Union, medical education under Entry 25, List III, though made subject to Entry 66 of List I, being an Entry in the Concurrent List, the State is not denuded of its power to legislate on the manner and method for admissions to Post Graduate Medical Courses. In Dinesh Singh Chauhan case, a three-judge bench had held that the state cannot provide reservation to in-service candidates to PG Courses. It was also held that Regulation 9 to be a complete Code and a provision for determining the inter-se merit of the candidates including by giving weightage of marks as an incentive to eligible in-service candidates who have worked in notified remote or difficult areas in the State, which is just, reasonable and necessary in larger public interest. The Bench headed by Justice Kurian Joseph, observed: “We are of the view that Dinesh Singh Chauhan (supra), has not considered the legislative Entries in respect of the contentions 10 we have noted above. Apparently, it appears no such contentions were raised before the Court. Same is the situation with regard to the non-reference with respect to the three Constitution Bench decisions we have referred to above. As far as Modern Dental (supra) is concerned, perhaps the judgment had not been published by the time the judgment in Dinesh Singh Chauhan (supra) was rendered.”What Constitution Bench Held?The issue considered by the Court was whether under the scheme of the Constitution and the provisions of the Postgraduate Medical Education Regulations, 2000 made by the Medical Council of India under Section 33 of the Indian Medical Council Act, 1956, a State has any power to reserve seats for admission in postgraduate medical degree courses for the medical professionals working in governmental organisations (in-service doctors) within that State? Justice MR Shah and Justice Aniruddha Bose delivered separate judgments but both of them held that the States possess the power to reserve seats for in-service doctors. Justice MR Shah observed that Entry 66 List I is a specific entry having a very limited scope and it deals with “coordination and determination of standards” in higher education. The words “coordination and determination of standards would mean laying down the said standards. It was also held that the Medical Council of India which has been constituted under the provisions of the Indian Medical Council Act, 1956 is the creature of the statute in exercise of powers under Entry 66 List I and has no power to make any provision for reservation, more particularly, for in­service candidates by the concerned States, in exercise of powers under Entry 25 List III. It was further observed that Regulation 9 of MCI Regulations, 2000 does not deal with and/or make provisions for reservation and/or affect the legislative competence and authority of the concerned States to make reservation and/or make special provision like the provision providing for a separate source of entry for in­service candidates seeking admission to postgraduate degree courses and therefore the concerned States to be within their authority and/or legislative competence to provide for a separate source of entry for in­service candidates seeking admission to postgraduate degree courses in exercise of powers under Entry 25 of List III. if it is held that Regulation 9, more particularly, Regulation 9(IV) deals with reservation for in­service candidates, in that case, it will be ultra vires of the Indian Medical Council Act, 1956 and it will be beyond the legislative competence under Entry 66 List I, Justice Shah said, while also holding that Regulation 9 of MCI Regulations, 2000 to the extent tinkering with reservation provided by the State for in­service candidates is ultra vires on the ground that it is arbitrary, discriminatory and violative of Articles 14 and 21 of the Constitution of India; The Court further held the State has the legislative competence and/or authority to provide for a separate source of entry for in­service candidates seeking admission to postgraduate degree/diploma courses, in exercise of powers under Entry 25, List III. However, it also observed that policy must provide that subsequent to obtaining the postgraduate degree by the concerned in­service doctors obtaining entry in degree courses through such separate channel serve the State in the rural, tribal and hilly areas at least for five years after obtaining the degree/diploma and for that they will execute bonds for such sum the respective States may consider fit and proper. The Court clarified that the present decision shall operate prospectively and any admissions given earlier taking a contrary view shall not be affected by this judgment Justice Bose observed that there is no bar in Clause 9 of the Postgraduate Medical Education Regulations, 2000 as it prevailed on 15th February 2012 and subsequently amended on 5th April, 2018 on individual States in providing for reservation of in-service doctors for admission into postgraduate medical degree courses.The Court observed that the view expressed in the State of Uttar Pradesh & Ors. vs. Dinesh Singh Chauhan [(2016) 9 SCC 749] to the extent it has been held in the said decision that reservation for the said category of in-service doctors by the State would be contrary to the provisions of 2000 Regulations, is incorrect.Click Here To Download Judgment[Read Judgment] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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Native Azaleas

first_imgGeorgians are accustomed to evergreen azaleas, but native azaleas are currently growing in popularity. Unlike evergreen azaleas, native azaleas lose their leaves in the fall, grow tall and airy rather than low and dense, and bloom in the spring and summer.University of Georgia plant breeder Carol Robacker has studied azaleas for the past 25 years. She and her research technicians, Allen Byous and Sherrod Baden, have learned a lot about one of the South’s most popular flowers.A scientist with the UGA College of Agricultural and Environmental Sciences (CAES), Robacker breeds new landscape plants that are genetically adapted to survive and thrive in the heat and drought stress of Georgia’s urban conditions. Robacker works with CAES entomologist Kris Braman to breed native azalea plants that can tolerate azalea lace bugs, a major pest of azaleas.Evergreen azalea flowers come in a wide variety of forms, and the most common is single-petal. Native azaleas typically have tubular flowers with long stamens that extend beyond their petals.“There are more than 17 species of native azaleas. We collected a number of these that grow in the Piedmont (region) and are now evaluating which ones are adapted to Georgia,” said Robacker.The Research and Education Garden on the UGA Griffin campus is filled with row after row of her research plots. In Robacker’s laboratory and greenhouse at UGA-Griffin, Byous and Baden tend the plants and record any insects and diseases that affect them.To help Georgia gardeners successfully grow azaleas, they offer the following tips.“First, when you buy an azalea, turn the pot upside down. Gently remove the plant from the pot and examine the roots. If the roots are light brown and the pot is fairly full of healthy-looking roots, you’re good. If they are black, don’t buy it,” Byous said.When it comes to site selection, pick a spot that gets both sun and shade, Byous said. Azaleas need sunlight to develop flower buds and flowers, but most azalea varieties perform better in the shade, which protects them from extreme heat in summer.“A 50-50 mix of sun and shade makes for a good compromise for most varieties,” he said.Look closely at the soil. Azaleas don’t like wet, boggy areas, and native azaleas especially like well-drained soil, Byous said. Azaleas also like an acidic soil with a pH in the 4.5 to 6.0 range.When you are ready to plant, dig a hole 4 inches larger than the pot. “Break up the root ball, scar the inside of the hole so the roots can spread and place the plant 2 inches higher than soil level so it drains well,” he said.Add pine bark or shredded leaves as mulch to insulate the plant and keep the weeds down.Water the new azalea plant heavily for the first two years and fertilize in the spring with a slow-release fertilizer similar to a 19-5-8 fertilizer blend.Native azaleas typically aren’t pruned, but if you choose to prune, do so after they bloom and before the new buds set the following spring.“You don’t have to prune them, but you may want to if they grow outside the area where you planted them,” said Robacker. “But please don’t try to create a meatball shape. Natives aren’t meant to be shaped like that.”Over her 37-year career at UGA-Griffin, Baden has developed a dark green thumb. Her advice to azalea lovers is simple: Don’t move them once they are established.“If you want an azalea in another area of your yard, take cuttings from your azaleas and root new plants,” she said.To do this, select shoots that are about 6 inches long. Snap the branch to remove a cutting. Place the cutting in a plastic bag with a damp paper towel and label the bag.“Keep the bag out of the sun. Put the bag of cuttings in the refrigerator overnight,” she said.The next day, trim the cuttings from the bottom to create a 4- to 6-inch cutting. Remove all the leaves except the top pair, and trim these by about half to reduce plant stress.“Wound about a half-inch of the lower stem of the cutting by scraping the surface with a sharp knife. Dip the cuttings in a rooting hormone of your choice, liquid or powder,” Baden said. “Stick cuttings in a mix of milled sphagnum moss and coarse perlite mixed 1-1.”Place the cuttings in light shade under an automatic misting system to keep them moist for several weeks.“If you don’t have an automatic system, create a humidity dome out of a plastic shoe box or corsage box. Gradually open the box over a few weeks to decrease the humidity and allow the cuttings to adapt to the drier air,” she said.After several weeks, the cuttings should have roots. Allow the newly rooted cuttings to grow undisturbed their first season. Cuttings must overwinter in a protected, cold environment and go dormant. Newly rooted azalea cuttings should bloom two years after being established.For more in-depth information on selecting and growing azaleas, search UGA Extension publications at read more

No sexpo please, we’re Hamiltonians

first_imgNZ Herald 23 Nov 2011There will be no sex expo in Hamilton under the current council’s watch. All but one Hamilton City councillor at yesterday’s strategy and policy meeting voted against hosting the R18 event at the new Claudelands Event Centre in March, amid accusations of trying to win votes after the V8 debacle cost the city almost $40 million.

Syracuse football recruiting: Dino Babers will prioritize northeast talent

first_img Related Stories Dino Babers injects optimism into Syracuse football, even if it’s just for nowSyracuse football recruits react to Dino Babers hiring5 things Dino Babers said at his introductory press conference5 things Mark Coyle said at Dino Babers’ introductory press conference Syracuse head coach Dino Babers said he’ll prioritize recruiting players in the northeast at his introductory press conference on Monday.“Why can’t we go out and get the best players in the country? And we start right here in the state of New York,” Babers said. “… We’re going to work our way out and go wherever we need to be to make Syracuse great.”Babers enters a situation in which all 15 players in the Orange’s Class of 2016 were brought in by a different coaching staff. But after Director of Athletics Mark Coyle fired Scott Shafer two weeks ago, he and other members of Syracuse’s athletic department contacted recruits and said their commitment would still be honored.On SU’s current roster, 45 players are from New York, New Jersey, Pennsylvania, Connecticut or Massachusetts. As Babers puts together his staff, he said he will consider recruiting ramifications as well.“If you hire good recruiters, they can recruit anywhere,” Babers said, “(but) we will have representation from the northeast.”AdvertisementThis is placeholder textWhile Babers stressed keeping players close to home, Syracuse’s 2016 class only has four members from the northeast. Though there’s still two months until National Signing Day, there haven’t been any reported decommitments since Shafer’s firing. And the decision to honor commitments was made before Babers was even hired.Coyle said he contacted commits to relieve any anxiety they had during the transitional phase. It was a strategy he learned at Boise State while the Broncos were replacing head coach Chris Petersen, who left for Washington.“We were trying to keep this thing moving during this transitional period,” Coyle said. “We wanted to make sure we answer a lot of their questions … and now that we have a head coach in place, we can start to move forward in the next process.”Already, multiple Bowling Green pledges have decommitted since Babers was hired at SU, adding another potential avenue for Babers’ staff to explore.While he said on Monday that he wouldn’t target Bowling Green commits, he left the door open to go after uncommitted players.But regardless of all the options Babers has, he said his recruiting strategy will start with local talent.“You need to start in your backyard. We need to take care of the state of New York,” Babers said. “We need to get over to New Jersey. We need to start to work near Philly, we need to shoot down that corridor to Pittsburgh, Chicago, Detroit and then we got to hang down there and go back down to Florida and cross our T’s and dot our I’s. But we’re always going to start close to home.” Comments Published on December 7, 2015 at 10:52 pm Contact Paul: [email protected] | @pschwedscenter_img Facebook Twitter Google+last_img read more

European League wrap: Five-star Liverpool conclude perfect Premier League weekend

first_imgRelatedEuropean League wrap: Manchester clubs holds the ace in England, big five win in ItalySeptember 18, 2017In “England”European League Round-Up: Chelsea Stunned At Home, Marseille Extend Winning StartAugust 13, 2017In “England”European League wrap: Top guns dominate European leagues, Borussia Dortmund stumble yet againOctober 28, 2017In “England” Esultanza Mauro Icardi Inter 3-0. Celebration goalMilano 6-11-2016 Stadio Giuseppe Meazza – Football Calcio Serie A Inter – Crotone. Foto Giuseppe Celeste / InsidefotoENGLANDManchester United defeated Leicester City 2-0 thanks to two second half strikes from substitutes Marcus Rashford and Marouane Fellaini. Romelu Lukaku passed up a big chance to net in his third successive league game when he missed from the spot, but the Red Devils made their superiority count, on a day Henrik Mkhitaryan recorded his fifth assist of the season, ensuring Manchester United finished the round with the league’s only perfect record to maintain leadership position.Champions Chelsea appears to have overcome the opening day shock home defeat to Burnley, when they defeated Everton 2-0 at Stamford Bridge on Sunday. First-half goals from Spanish international pair, Cesc Fabregas and Alvaro Morata ensured Chelsea remains unbeaten and yet to concede a goal against Ronald Koeman and his Everton team since he took charge of the Toffees last year.Tottenham Hotspur failed to break the Wembley Stadium hoodoo, no thanks to Chris Wood’s added-time equaliser which handed Burnley a share of the spoils 1-1 away from home against last season’s runner-up. Dele Alli put Spurs in front in the 49th minute capitalising on his own initial effort, Harry Kane failing to extend the lead when presented with opportunities. Substitute Wood put the dagger in Tottenham’s hearts with his 92nd minute leveller, securing Burnley’s fourth point on the road this season.Liverpool earned a comprehensive 4-0 win over Arsenal at Anfield on Sunday, a win which threatened to be overshadowed by some comical goalkeeping by Loris Karius. Roberto Firmino, Sadio Mane, Mohamed Salah and substitute Daniel Sturridge all grabbed the goals in a smashing Reds performance which surely must have gotten the attention of the rest of the league.ITALYAC Milan playing their first home league game of the season defeated Cagilari 2-1, though the result and performance could have been more comprehensive considering the huge summer investments made by the owners. Patrick Cutrone put Milan ahead, but Joao Pedro levelled for the visiting team in the 56th minute. Suso netted the winning goal for AC Milan in the 70th minute, securing the Rossoneri six-out-of-six points for the season.Champions Juventus were given a scare away at Genoa but eventually triumphed 4-2 in a six-goal thriller to continue their winning start to the season. Miralem Pjanic scored an own goal to hand the home team the lead in the first minute, before Andrey Galabinov extended the lead from the spot in the seventh minute. The champions rallied back through Paolo Dybala’s hat-trick and Juan Cuadrado’s goal in between to complete a massive turn around.Inter Milan flexed some real muscles, passing their first major test of the season 3-1 away at Roma. Edin Dzeko gave Roma a 15th minute lead but there was no stopping Inter Milan who scored three goals in the final 23 minutes through Mauro Icardi’s brace and Matias Vecino’s goal.last_img read more

NFL Draft 2019: Eli Manning expecting Giants to select quarterback

first_imgEli Manning thinks there will soon be a new name on the Giants’ quarterback depth chart.The Giants hold two first-round picks in this month’s draft. Manning, New York’s longtime starter, was asked Monday if he thought the team would take a signal-caller with one of those selections. Russell Wilson free agency rumors: Seahawks think quarterback eventually ‘would like to play elsewhere’ “I have always felt that in the quarterback room I have always had a great relationship with everyone,” Manning said. “All the QBs, we have drafted quarterbacks and have had young quarterbacks in there. I enjoy talking football and enjoy talking ball. Giving tips on coverages, protections, concepts, everyone is trying to help each other.“I have enjoyed putting in the extra effort and the work. Getting everyone comfortable and up to speed. Help young guys trying to learn a new offense.”Manning was inconsistent in 2018 as the Giants missed the playoffs for a second straight year. Co-owner John Mara recently said the team was taking it “one year at time” with the 38-year-old, whose contract is set to expire after next season. “Yes, I can see the Giants getting a young quarterback,” Manning told reporters. “I understand that. I still have to do my job. I will do my part. Same as last year. Go out there, play quarterback, win football games. That is what I am trying to do.”The Giants have reportedly met with multiple quarterbacks leading into the draft, including Ohio State’s Dwayne Haskins, Missouri’s Drew Lock and Oklahoma’s Kyler Murray. Related Newscenter_img NFL Draft 2019: Kyler Murray reportedly visiting Giants “I never concerned myself with that,” Manning said. “I think every year I am just worried about that next year. That is what I am thinking about. I am thinking about right now with this team. Getting rolling, getting wins and doing whatever it takes to be a good teammate to get this team winning football games.”Manning completed 66 percent of his passes and threw for 21 touchdowns, along with 11 interceptions, in 16 games in 2018.last_img read more