The blast or current of air produced by the blowing apparatus was to be passed from it into an air-vessel or receptacle made sufficiently strong to endure the blast; and through or from that vessel or receptacle by means of a tube, pipe, or aperture into the fire, the receptacle be kept artificially heated to a considerable temperature by heat externally applied.
Four notifications, two dated Both the Regulations came into force simultaneously on their publication in the Official Gazette. The third and fourth Notifications both bearing No.
The four aforesaid Notifications have been challenged on several grounds. The major areas of challenge to the aforesaid Notifications are: The powers of the Medical Council of India and the Dental Council of India to regulate the process of admissions into medical colleges and institutions run by the State Governments, private individuals aided and unaidededucational institutions run by religious and linguistic minorities, in the guise of laying down minimum standards of medical education, as provided for in Section 19A of the Indian Medical Council Act,and under Entry 66 of List I of the Seventh Schedule to the Constitution.
Whether the introduction of one National Eligibility-cum-Entrance Test NEET offends the fundamental right guaranteed to any citizen under Article 19 1 g of the Constitution to practise any profession or to carry on any occupation, trade or business?
Whether NEET violates the rights of religious and linguistic minorities to establish and administer educational institutions of their choice, as guaranteed under Article 30 of the Constitution? Whether subordinate legislation, such as the right to frame Regulations, flowing from a power given under a statute, can have an overriding effect over the fundamental rights guaranteed under Articles 25, 26, 29 1 and 30 of the Constitution?
Whether the exclusion of Entry 11 from the State List and the introduction of Entry 25 in the Concurrent List by the Constitution Forty Second Amendment Act,makes any difference as far as the Regulations framed by the Medical Council of India under Section 33 of the Act and those framed by the Dental Council of India under Section 20 of the Dentists Act,are concerned, and whether such Regulations would have primacy over State legislation on the same subject?
Whether the aforesaid questions have been adequately answered in T. Union of India [ 7 SCC ]? In order to appreciate the challenge thrown to the fournotifications, it is necessary to understand the functions and duties of the Medical Council of India under the Indian Medical Council Act, ,and the Dental Council of India constituted under the Dentists Act, The Indian Medical Council Act,was replaced by the Indian Medical Council Act,hereinafter referred to as "the Act", interalia, with the following objects in mind: To provide for the maintenance of an all-India register by the Medical Council of India, which will contain the names of all the medical practitioners possessing recognized medical qualifications.
Section 6 of the aforesaid Act provides for the incorporation of the Council as a body corporate by the name of Medical Council of India, having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and to sue and be sued by the said name.
The powers vested in the MCI are essentially recommendatory in nature. Section 10A, which was introduced in the Act by Amending Act31 ofwith effect from 27th August,inter alia, provides that notwithstanding anything contained in the Act or any other law for the time being in force: Under Section 10A the function of the MCI is purely recommendatory for the purpose of grant of permission by the Central Government to establish a new medical college or to introduce a new course of study.
Section 19A which was introduced into the Act by Act 24 of with effect from 16th June,provides for the Council to prescribe "minimum standards of medical education".
Since Section 19A will have some bearing on the judgment itself, the same is extracted herein below in full: Minimum standards of medical education - 1 The Council may prescribe the minimum standards of medical education required for granting recognised medical qualifications other than postgraduate medical qualifications by universities or medical institutions in India.
For the sake of reference, the relevant portions of Section20 of the Act with which we are concerned, are also extracted herein below: Post-graduate Medical Education Committee for assisting Council in matters relating to post-graduate medical education - 1 The Council may prescribe standards of Postgraduate Medical Education for the guidance of Universities, and may advise Universities in the matter of securing uniform standards for Postgraduate Medical Education through out India, and for this purpose the Central Govt.
The most significant amendment, which is also the subject matter of challenge in some of these writ petitions and transferred cases, is clause5 in Chapter II of the Regulations.
The relevant paragraph in the Amendment Notification reads as follows: The overall superintendence, direction and control of National Eligibility- cum-Entrance Test shall vest with Medical Council of India.
Provided when sufficient number of candidates belonging to respective categories fail to secure minimum marks as prescribed in National Eligibility-cum-Entrance Test in any academic year for admission to MBBS Course, the Central Government in consultation with Medical Council of India may at its discretion lower the minimum marks required for admission to MBBS Course for candidates belonging to respective categories and marks so lowered by the Central Government shall be applicable for the said year only.
An all India merit list as well as State- wise merit list of the eligible candidates shall be prepared on the basis of the marks obtained in National Eligibility-cum- Entrance Test and candidates shall be admitted to MBBS course from the said lists only.
No candidate who has failed to obtain the minimum eligibility marks as prescribed in Sub Clause ii above shall be admitted to MBBS Course in the said academic year. Similarly, by virtue of Notification No. For the sake of reference, the portion of the notification which is relevant for our purpose is extracted here in below: Procedure for selection of candidate for Postgraduate courses shall be as follows: The challenge to these Notifications has thrown up various issues, which include the powers of the Central and the State Governments to legislate on matters relating to education under Entry 66 of List I of the Seventh Schedule to the Constitution and Entry 25 of List III which was introduced by way of the Constitution Forty-second Amendment Act, ,having particular regard to the fact that the previous Entry No.
In fact, what has been pointed out on behalf of some of the parties is that by omitting Entry 11 from the State List and including Entry 25 in the Concurrent List of the Seventh Schedule, the Union Government acquired the authority to also legislate on matters relating to education, which it did not have previously.
Another common submission, which is of great significance as far as these matters are concerned, was with regard to the adverse impact of the single entrance examination on the fundamental right guaranteed to all citizens under Article 19 1 g of the Constitution to practise any profession, or to carry on any occupation, trade or business.
The provisions of Article 30, preserving the right of both religious and linguistic minorities, to establish and administer educational institutions of their choice, were also highlighted by learned counsel for some of the Petitioners.Fall ; Tweets by pauldalyesq.
Fodden Award for Best Canadian Law Blog. DRT Responsabilité civile (Torts) In the syllabus I have given a comprehensive list of all the readings relevant to the topics we will be discussing.
Passing off (NOTE: many of the English cases listed here, which I will describe in class, are not in the.
Undergraduate Advising Office. Butler Hall, Room Office hours: M-F, 8AM-5PM The SCC is very close to the buildings that the Biology Department is located in.
the time of the change of major will then apply. For example, a student who entered TAMU as a psychology major in the Fall of would be held under catalog # ().
Dual Credit English / English ; English ; Summer Reading *New; English 2. Syllabus and Handouts; High School Football Success Starts in Middle School; Wildcats Fall in Double OT Thriller; - School Year.
A lack of English language skills will not be a barrier to admission and participation in the career and technical education programs of the District.
The Maricopa County Community College District does not discriminate on the basis of race, color. UPTET: To Include Sanskrit Language in TET, Writ Petition Dismissed it is not possible for the Court under Article of the Constitution to direct that Sanskrit language should be added as an optional language in Language II of the UP-TET.
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