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2005 DIGILAW 198 (BOM)

Surekha P. Bhandari v. State of Maharashtra

2005-02-15

DALVEER BHANDARI, S.A.BOBDE

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Judgment DALVEER BHANDARI, C. J. ( 1 ) THE petitioners have approached this Court with a prayer that respondent Nos. 1 and 2 be directed to forthwith comply with the Medical Council of India (for short the "m. C. I. ") Regulations restricting the number of teaching faculty of non-medicos in the Department of biochemistry of B. J. Medical College, Pune, to the limit fixed by the Medical Council of india. In other words, the respondent be restrained from violating the norms fixed by the Medical Council of India. ( 2 ) THE petitioners have also prayed that respondent Nos. 1 and 2 be directed to initiate action to fill the vacant teaching faculty posts from amongst those with M. D. (Biochemistry) qualification, so as to comply with the requirement mandated by the Medical council. It is further prayed that this can be carried out by transfer of Medico M. D. (Biochemistry) teachers from other Medical colleges to B. J. Medical College, Pune, in place of non-Medical staff in the said College. ( 3 ) THE petitioners have also prayed that respondent Nos. l to 3 be directed to forward a fresh compliance report to the medical Council of India after adjustment of ratio of Medical and non-Medical teachers in b. J. Medical College, Pune. ( 4 ) THE petitioners have also prayed that respondent Nos. 1 and 2 be restrained from filling up the existing vacant posts of teachers in the Department of Biochemistry of B. J. Medical College, Pune, from non-Medical teaching staff until their strength comes down below 50% of the sanctioned posts of teachers. ( 5 ) THE learned counsel for the petitioners has drawn our attention to the Rules formulated by the Medical Council of India. In clause 2 of Schedule I, it is mentioned that teachers may be appointed to the extent of 50% of the total number of posts in the Department. In B. J. Medical College, presently, there are 14 sanctioned posts and out of them, two are vacant. In the category of Professor, one professor is a Medico with M. D. (Biochem) qualification and another is a non-Medico with m. Sc. (Biochem) or Ph. D. Qualification. In category of Associate Professors, two are medicos with M. D. (Biochem) qualification and three are non Medicos with M. Sc (Biochem) or Ph. D. qualification. In the category of Professor, one professor is a Medico with M. D. (Biochem) qualification and another is a non-Medico with m. Sc. (Biochem) or Ph. D. Qualification. In category of Associate Professors, two are medicos with M. D. (Biochem) qualification and three are non Medicos with M. Sc (Biochem) or Ph. D. qualification. In the category of Lecturers, out of seven sanctioned posts, five are non-Medicos with M. Sc. (Biochem) or Ph. D. qualification and two posts are vacant. In other words, out of the 12 posts which have been filled in the teaching faculty, only three teachers, viz. , two Associate professors and one Professor are Medicos with m. D. (Biochem) qualification and the rest are non-Medicos. The ratio of appointment has been disturbed and it is not in consonance with the Rules of the Medical Council of India. ( 6 ) WE have heard the learned counsel for the parties. In the facts and circumstances of the case, we deem it appropriate to issue the following directions:- (i) B. J. Medical College, Pune, is directed to strictly adhere to the Rules framed by the Medical Council of India. (ii) We direct respondent Nos. 1 and 2 to immediately initiate action to fill up the vacant teaching faculty posts from amongst those with M. D. (Biochemistry) qualification, so as to comply with the requirements mandated by the Medical Council of India. (iii) Respondent Nos. l and 2 can meet the requirements of the Medical Council of india by transfer of Medico M. D. (Biochemistry) teachers from other medical Colleges to B. J. Medical college, Pune, in place of non-Medical staff in the said College. (iv) We also restrain respondent Nos. 1 and 2 from filling up the existing vacant posts of teachers in the Department biochemistry of B. J. Medical College, pune, from non-Medical teaching staff, until their strength comes down below 50% of the sanctioned posts of teachers. (v) We further direct respondent Nos. 1 to 3 to forward a fresh compliance report to the Medical Council of India after adjustment of ratio of Medical and non- medical teachers in B. J. Medical college, Pune, in consonance with the rules of the Medical Council of India. (vi) We direct the respondents to carry out the exercise indicated above, as expeditiously as possible, and in any case, within one year from today. (vi) We direct the respondents to carry out the exercise indicated above, as expeditiously as possible, and in any case, within one year from today. ( 7 ) NO further directions are necessary. This Writ Petition is, accordingly, disposed of. Petition allowed.