On a careful reading and comparison of Regulation 12 4 of MCI Regulation and the impugned guidelines issued by the Appellant University, it is prima facie clear that the manner in which a candidate would be declared to have been passed, has been modified by the appellant University, thus being inconsistent with the MCI Regulation. This provisional degree certificate has validity till the issue of the Degree certificate which shall be issued after the KUHS Convocation. It is apposite to extract the following observations of the Constitution Bench of the Supreme Court in Dr. The State Of U. Where the parent statute prescribes the mode of publication or promulgation that mode must be followed. Its kind in prosthodontics rguhs dissertation paediatric nursing thesis rguhs dissertation topic.

State Of Madras vs. It was held as follows: The abstract must be double spaced and no longer than words. Log In India UK. Kerala High Court , 13 Dec Yet another provision in the MCI Regulations which throws light as to whether each head of passing is permissible in the theory and practical including Clinical and viva-voce examination is clause 14 4 thereof which is extracted hereunder:

A reading of Clause 14 of the MCI Regulations can lead to a reasonable conclusion that a candidate should pass in the theory and the practical by obtaining the minimum marks prescribed which take in all the components of the Post-graduate Curriculum. Ashok Kumar Prasad And Others. It is declared that the KUHS Regulations is a statute in the making or a statute in process incomplete in itself and is neither valid nor effective as a statute applying the law laid down in Rajendra Agricultural University’s case.

The petitioners have not been declared successful in the Post-graduate Medical Course for the reason that they have failed to secure the minimum for the theory and the practical in all the subjects simultaneously. R Medical University kubs.


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Sreekumar, Standing Counsel for the University. An academic term shall mean six month’s gyidelines period. The Medical Council of India is free to advise the University in the matter of securing uniform guidelinfs for Post-graduate medical education throughout India as per Section 20 1 of the Act.

The Tamil Nadu Dr. The Medical Council of India shall clarify as to whether each candidate should simultaneously pass the theory and practical securing 50 percent marks in each which can be incorporated in the KUHS Regulations appropriately.

The Post-graduate Committee shall consist of nine members all of whom shall be persons possessing Post-graduate medical qualifications and experience of teaching or examining Post-graduate students of medicines.

Therefore, the University may not justified in framing a regulation which is inconsistent with the MCI Regulation. The mere fact that the petitioners were admitted to the Post-graduate medical course at a time when the KUHS Regulations were in force does not make it valid for the entirety rhesis the course or thereafter.

The following excerpt will be useful:. Only three months are acceptable: H Kandaraj [ 4 SCC ]. The following minimum margins are required: Upload brief to use the new AI search. Both of them should guidelinws white apron during the duty.

guiddlines The University has thought it wise that the student must possess a higher level of knowledge of the fundamentals of the subject securing atleast 40 percent marks for each subject and the raising of the bar cannot jd found fault with. The repetitive appearance in examinations under the KUHS Regulations has no rationale nexus with the object sought to be achieved and is obviously violative of Article 14 of the Constitution of India.

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Paryani Mukesh Jawaharlal And Others. Key Phrases are not available yet.

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guidwlines The long and short of it is that the KUHS Regulations are inconsistent with the MCI Regulations which is capable of being interpreted as permitting a candidate to pass separately in the heads of theory and practical. These regulations having been framed by a Central body are not merely directory, but are binding on the appellant University.


Where the parent statute prescribes the mode of kush or promulgation that mode must be followed. Supreme Court Of India13 Jul There is no insistence that the candidate should have obtained a separate minimum of 40 percent marks for each paper in addition to an aggregate of 50 percent guidelinfs in total in theory in order to secure a pass in the MCI Regulations.

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Two sets of Internal Examiners may be appointed one for M. The decision in Ashar’s case supra on this aspect is clearly distinguishable in as much as the decision impugned therein was taken in July by the Vice-Chancellor in the absence of the first statutes in terms of Section 12 7 of the KUHS Act. Contains public sector information licensed under the Open Government Licence v3.

The Chief Justice M.

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The relevant part of Section buidelines of the Act is as follows: The Forms and requests are available in college website. The petitioners are Post-graduate medical students who have failed in their M. Knowledge on clinical management of patients in terms of history taking, clinical examination, appropriate investigations, treatment options, recent advances, preventive and promotive aspects, and their limitations.