Medico-Legal

"To Furnish bond/Bank  Guarantee  is not violative of Art.14 and 21 of the Constitution and it cannot be called as Burden on students coming from Economically Backward families" – Hon. Himachal Pradesh High Court (Division Bench). Case Details : Dr. Ramesh Kundal & ors. V/s. state of H.P. & ors, (CWP No.831/2017, Decided on 01/08/2017) You may see the link of the Judgment : http://164.100.138.228/casest/generatenew.php?path=data/judgment/2017/&fname=CCWP208392017.pdf&smflag=N Facts in Short : 1.   The similar petitions were tagged together which challenged  the Constitutional Validity of the provision of furnishing Bond/ Bank Guarntee in the Prospectus-cum Application Form, issued by Department of Medical Education and Research, Himachal Pradesh, for admission to the Postgraduate Degree (MD/MS) Courses, in Indira Gandhi Medical College & Hospital, Shimla, and Dr. Rajindra Prasad Medical College and Hospital, Tanda, Dist...

The MBBS admission which was out come of a well- orchestrated strategy of deceit and deception should be and have been rightly cancelled... The 3 Judges bench of Hon. Apex Court came down heavily on the MBBS admissions secured illegally in its recently reported judgment in the case of Nidhi Kami & Ors. V/s. State of M.P. & ors. ( 2017(5) Mh.L.J. 1). Facts in short: 1. The MBBS admissions of the Appellants were cancelled by Vyapm ( M.P. Professional Examination Board) on the ground that the admissions were the outcome of unfair means during the Pre-Medical Test. It relates to the years 2008 to 2012. 2. The Appellants challenged the cancellation before M.P. High Court, but the M.P. High Court rejected all the petitions and hence the Appellants approached the Apex Court before 2 Judges Bench. 3. However one of the Hon. Justice, J. Chelmeshwar took the view that complete justice would be served if the admissions already secured are confirmed in view of Art.142 ...

Beat the Wrong-mindset and not the Doctors : BHU incidence ia horrific. Before that A Sr. Doctor at Cooper hospital, Mumbai faced with violence... Few months back,  The   Doctors at  D.Y. Patil Hospital Pune were recently attacked  by patient's relatives as the Doctor  declared  that the patient succumbed to death and could not be saved, has stirred up the hornet's nest amongst the Medical Fraternity. Then JJ hospital attack horrifying video we saw. Unfortunately this Article has to be amended for adding new incident of attack on doctors.. Will it ever stop ?😢 On and average every month, one will find such incidences pan India. Overall medical fraternity is going through panicky. Why such incidences are happening ? what's the remedies to be taken by the Government ? Let's discuss about it. It reminds me that few months back  Hon.  Shri. Pranav Mukherjee, the then Hon. President of India   also expressed his...

Ignorance of Law is not an excuse and half knowledge is more dangerous than that.. In a recent medio-legal workshop, I strongly felt the above statement as Medicos were carrying wrong impressions about an important judgement of Apex Court on the relation of ICU and Operations in nursing homes. This judgement is of 4-5 years back. The then news in Media that "Hon. Apex Court has held that No Operations in Nursing homes without ICU" has stirred up the hornet's nest amongst the Medical Fraternity..  In fact it in the said judgment it has ruled in favour of Doctors too.. Let's try to see in brief what exactly Hon. Apex Court was dealing with.. Case Details : (Bijoy Sinha Roy (deceased) through heirs V/s. (Dr.) Biswanath Das & ors., Civil Appeal No(s). 4761 of 200, decided on 30/08/2017. CORAM : Hon. Mr. Adarsh Kumar Goel and Hon. Mr. Uday Umesh Lalit JJ.)  https://indiankanoon.org/doc/186594383/ The Apex Court : 2 questions were formed by the Ap...