Wednesday, September 20, 2017

a letter by non-medical teachers to mohfw in 2009

A letter written by the "non-medical" teachers to the Ministry of Health and Family Welfare in 2009 is being published here without editing.


To
    The Hon’ble Union Health Minister,
    Government of India,
    New Delhi.

Hon’ble Sir,

Sub: Medical teachers appointed on the basis of M.Sc(Medical) qualifications in the
         Pre-clinical Subjects such as Anatomy, Physiology, Bio-Chemistry,
         Pharmacology, and Microbiology in the Medical Colleges for their
         continuance in service and promotion - injustice caused by MCI Regulations
         1998 to the Medical Teachers with M.Sc(Medical) qualification-
         Amendment of MCI  Regulations 1998  by revoking the newly introduced  PhD
         qualification for these teachers for higher promotion above the level of         
               Lecturer –Restoration of promotional avenues by  reversion to
               MCI   Regulations 1971 and Revised Recommendations of the Medical Council
               of  India as approved in its meeting held  on 3-3-1973 -and
               Speedy implementation of the historic decision of the Government of India
               to promote the medical teachers with M.Sc(Medical) qualification in the
               Preclinical Medical  Specialities - requested -Reg.
     Ref: 1. Central Government Circular No. V.11025/3/08-ME(P-1), dt.25-3-2008.
              2. No.MCI-12(1)-Med.Misc/5427 dated 2/5/08.     
              3. Direction of the Hon’ble Supreme Court vide their direction in the Writ
                  Petition (Civil) No.1018 of 1989 dated Nov 15, 1989 read with their Direction
                  in the Contempt Petition No.(5) 85/90 dated 4-5-90.
              4. Ministry of Health and Family Welfare Government of India notification
                  dated 28th November, 1990 published in the Extraordinary Gazette, No.519
                  dated November 30, 1990.                                       
              5. MCI Regulations 1971 and Revised Recommendations of the Medical
                  Council of India on the qualifications required for appointment of persons
                  to the posts of Teachers and visiting Physicians/Surgeons etc., in Medical
                  Colleges and attached Hospitals for undergraduate and postgraduate
                  teaching as approved by the Council at its meeting held on 3.3.1973.                                                                                                                                         
             6. MCI Regulations 1998.
             7. The Central Fourth Pay Commission Report - item No. 10.237
             8. Complimentary remarks by eminent Medical Teachers e.g., Prof. Dr. L.W
                 Chacko, Retired Professor & HOD of Anatomy, All India Institute of 
                 Medical Sciences, New Delhi.     
             9. Several Judgments of the Hon’ble Supreme Court of India.
            10.“MudaliarCommittee”(“Health Survey and Planning Committee” appointed
            by the Government of India)    recommendations including Major changes in
            Medical Education in India  ( Second Five Year Plan). 
                                                                                                                                                                                                           
                                                                                                                                   
     In the Reference No.1 cited above, the Government of India (vide their letter dated 25-3-08) have decided as follows:
     “......However, in view  of the serious hardship of these medical teachers who are facing the threat of removal and denial of promotion; and also due to the severe shortage of faculty in the pre-clinical subjects, it has been further decided that pending corresponding amendment to 1998 Regulations, the teachers appointed in the 
pre-clinical specialities viz. Anatomy, Biochemistry, Physiology etc on the basis of qualifications and experience prescribed in the Regulations of 1971 shall be allowed to continue to function as medical teachers and shall be granted further promotions even though these teachers do not fulfill  the criteria prescribed by the MCI Regulations of 1998…….” 
      
      The above very good and justified decision of the Government of India protects the service and promotion of the Medical Teachers with M.Sc(Medical) qualifications in the Pre-clinical Medical Specialities who are languishing without promotion for the past 42 years and many of them who joined service in 1966 have retired without promotion.

      But the Medical Council of India which is strongly biased against, belligerent and hostile perpetually to these specially created medical teachers with M.Sc(Medical) qualification in the Pre-clinical Medical Specialities, now strongly opposes the decision of the Government of India to promote these teachers by furnishing false information and attempts to mislead the Government of India and the judiciary through the  members of the Adhoc Committee appointed by the Hon’ble Supreme Court and  the Executive Committee of the Medical council of India(MCI). 

      In this context we bring the following facts for your kind perusal, sympathetic consideration and favourable action at the earliest.

   During the Second Five year Plan( in 1959), The Government of India appointed a Committee known as “Health Survey and Planning Committee” popularly known as the “Mudaliar Committee”(after the name of its Chairman Dr.A.L. Mudaliar, the world renowned Medical Stalwart and the former Vice–Chancellor of Madras University for over 25 years and the Personal Physician cum Obstetrician and Gynaecologist for Queen Elizabeth). 
    The above Committee  gave several recommendations including Major changes in  Medical Education in India. The Committee noted the fact that there was severe shortage (dearth) of Medical Teachers with postgraduate qualification in the Pre-Clinical (Non-Clinical) Medical Specialities such as Anatomy, Physiology, Bio-Chemistry, Pharmacology and Microbiology since only a very few MBBS Medical Graduates took up M.Sc Degree in the above Pre-clinical (Non-Clinical) Medical Specialities.

    The Committee also noted that the same situation of severe shortage of Medical Teachers was existing even in the advanced Countries like the USA, U.K etc.  
    But the severe shortage of Medical Teachers in U.S.A , U.K etc., was being overcome by allowing the Science Graduates to join M.Sc Courses in the Pre-clinical (Non-Clinical) Medical Specialities and absorbing them as the Medical Teachers in the concerned subject of Specialization like anatomy, Bio-Chemistry, Physiology etc.,
    It was a great success there in the Developed Countries as these newly created Medical Teachers were able to tide over the situation of severe shortage of Medical Teachers in the Pre-clinical (Non-Clinical) Medical Specialities. 
      Therefore, after thoroughly analysing the calendars of various Universities in the advanced Countries like USA, UK etc.,  which offered M.Sc Courses in the Pre-Clinical  Medical specialities open for Science Graduates, the Mudaliar Committee recommended to institute the M.Sc(Medical) Course in Pre-clinical (Non-clinical) Medical Specialities, in line with the M.Sc courses offered at various Universities in the Developed Countries, with a vision to provide permanent teachers to overcome the severe shortage of qualified Medical Teachers in the Pre-clinical Medical specialities in India also.                                                                                                                                     
                                                                                                           
      The M.Sc(Medical) Course was first started in India at Madras Medical College, Madras(Chennai), affiliated to the University of Madras, during the year 1963. The prescribed qualifications for admission into the M.Sc(Medical) Course are B.Sc., in life Sciences and B.Pharm. 
    

         The first Batch of the M.Sc(Medical) qualified candidates were appointed as teachers in the Pre-clinical Medical specialities in Tamilnadu Medical service in the year 1966-67.
      The above specially created Group of Medical Teachers in the Pre-clinical Medical Specialities proved themselves to be very effective and very useful in filling up the vacuum caused by the severe shortage (dearth) of Medical Teachers with M.D/M.S/MBBS with M.Sc qualifications in the Pre-Clinical(Non-clinical) Medical Specialities. 
          Subsequently other Institutions like JIPMER, All India Institute of Medical Sciences, New Delhi etc., also started this M.Sc(Medical) Course in the Pre-clinical Medical Specialities open for Science graduates, BDS, B.V.Sc etc.          
       The All India Institute of Medial Sciences prescribed B.Sc., BDS., B.V.Sc., .BSc(Hons) and also **MBBS as the requisite qualification for admission into the M.Sc(Medical) Course in the  Pre-clinical Medical Specialities like Anatomy, Physiology, Biochemistry etc. 
                                                                                                                                                  It is to be noted that the M.Sc courses in  Pre-clinical Medical 
Specialities like Anatomy, Physiology Bio-Chemistry were  offered  only to MBBS graduates those days routinely. 
     Subsequently, on the recommendations of the “Mudliar Committee” the Science Graduates in life Sciences and other Graduates like, BDS, B.V.Sc, B.Phrm were also allowed to join the M.Sc Course in the above 
Pre-Clinical(Non-Clinical) Medical Specialities in addition to the MBBS Graduates in order to overcome the shortage of Medical teachers. 
      Now the nomenclature of the Postgraduate Degrees for the MBBS Graduates in the above Pre-clinical(Non-Clinical) Medical Specialities are changed from M.Sc to M.D/M.S.                                                                                                                         
       Thus this newly created Group of Medical teachers with  M.Sc(Medical) qualifications in the Pre-Clinical(Non-Clinical) Medical specialities differ  from the other Group of Medical Teachers with M.S/M.D/MBBS with M.Sc qualification in the identical Pre-Clinical (Non-clinical ) Medical Specialities in that they do not possess the basic medical degree (i.e., **MBBS qualification} even though they have the Master Degree in the very identical Pre-clinical Medical  Specialities and it is to be clearly noted in this context that some of the **MBBS Medical Graduates also joined this M.Sc(Medical) course along with the other graduates like B.Sc/BDS/B.V.Sc etc.,                                                                                        

      Here again it is not out of context to mention and it is  worth pointing out that there are several Postgraduate Courses at Master Degree level which are offered to graduates of many a different streams.
        For example, the Postgraduate Courses like MCA, MBA, M.Sc (Nutrition) etc into which Graduates from many a different streams are admitted (with or without the concerned Subject in the Bachelor Degree level).

     To quote the most striking  and the Concerned Example, it is reiterated that the All India Institute of Medial Sciences prescribed B.Sc., BDS., B.V.Sc., .BSc(Hons) and  also **MBBS as the requisite qualification for admission into the M.Sc(Medical) Course in the  Pre-clinical Medical Specialities like Anatomy, Physiology, Biochemistry etc. 
      Another concerned example is the M. Bio-technology Course conducted at All India Institute of Medical Sciences for which the prescribed qualifications for admission are **MBBS/B.V.Sc/B.Sc(Hons) or an equivalent three years Degree Course in Science. 

     Therefore, it will be fair and just to take into account only the terminal Postgraduate qualification at Master’s Degree level in a given subject irrespective of the prescribed requisite undergraduate qualifications for admission into that  particular Postgraduate Course at Master Degree level.  

   Further IT IS CRYSTAL CLEAR, as evidenced by the MCI Regulations itself, that these M.Sc(Medical)  qualifications (acquired after B.Sc/B.D.S/ B.V.Sc /**MBBS etc) in the Pre-clinical Medical Specialities are  at par with the M.S/M.D and  MBBS with M.Sc qualifications in the identical 
Pre-clinical Medical Specialities; 

   For example, in the Revised Recommendations of the Medical Council of India on the qualifications required for appointment of persons to the posts of Teachers and visiting Physicians/Surgeons etc., in Medical Colleges and attached Hospitals for undergraduate and postgraduate teaching as approved by the Council at its meeting held on 3.3.1973,  it is stated as follows: 
   
“The following qualifications be treated at par with M.D/M.S awarded by Indian Universities.
     …….   Provided these qualifications have been awarded after examination.  …….                                                                                                                                    
    …. “the following qualifications shall be deemed sufficient postgraduate medical qualifications for the purpose of  appointment of non-medical teachers subject to conditions as contained in *General note No. 2 of these recommendations (page -1).

Gujarat University M.Sc(Medical).

*General note No. 2 of these recommendations (page -1) is reproduced here under:

“2.   In the departments of Anatomy, Physiology, Pharmacology, Biochemistry and Microbiology, non-medical teachers may be appointed to the extent of 30% of the total number of posts in the department. Non-medical teachers in the above subjects should possess an approved post-graduate qualification in the subject and preferably hold a doctorate in the subject. The heads of these departments must possess a recognised basic university medical qualification or equivalent”.  

       Unfortunately, even though the M.Sc(Medical) qualification is deemed to be the sufficient postgraduate medical qualification in the identical 
Pre-clinical Medical Specialities as evidenced by the MCI Regulations itself and in spite of the fact that there  is already provision for the appointment and promotion up to the level of professor with M.Sc(Medical) qualification alone for these Medical Teachers (inappropriately called as Non-medical Teachers) in the MCI Regulations 1971 and in the Revised Recommendations of the Medical Council  of India as approved at its meeting held on 3-3-1973, these medical teachers with M.Sc(Medical) qualifications in Anatomy, Bio-Chemistry, Physiology etc were not promoted except for a very few persons.
   
     Most of the HODs (Head of Department) appreciated the effective teaching of these Medical Teachers with M.Sc (Medical) qualifications and some of the HODs who are good hearted  and true to their conscience,  frankly complimented these teachers as the back bones of the Department; But when the question of promotion came they too could not support; some of them who supported these teachers for promotion could not do anything in the midst of stiff opposition not to promote these teachers, except showing sympathy. 

        Now, adding fuel to the fire, the Medical Council of India introduced PhD qualification as a new qualification only for the M.Sc(Medical) qualified teachers) in the  MCI Regulations 1998,  where it is stated that “…. a non-medical approved medical M.Sc qualification shall be a sufficient qualification for appointment as Lecturer in the subject concerned but for promotion to higher teaching posts a candidate must acquire the PhD Degree in the subject…….” 

           In this connection, after honestly analysing thoroughly the feasibility of acquiring *PhD qualification, we submit that:
       First of all there are no infrastructure and research facilities in the various Departments of most of the Medical colleges in India except Institutions like All India Institute of Medical Sciences, PGIMER, Chandigarh etc., 
      If a candidate desires to do PhD he has to compulsorily register under an eligible research guide and a co-guide; but unfortunately  there are no adequate number of research guides among the medical teachers almost in all the Medical Colleges in India except in some advanced medical Institutions like All India Institute of Medical Sciences and there too the number of PhD seats available are very few only;

    As there are only a negligible number of eligible research guides among the medical teachers in the Medical Colleges/Medical Institutions, all these Medical Teachers with M.Sc(Medical) qualification will not be able to register for PhD.
     Further all the teachers are full time teachers as per the Regulations of Medical Council of India;  and  the medical teaching in India is academic oriented and not research oriented and hence these teachers may not be able to spare much time for research even if research facility is available in a few places;  most of them may not be economically sound to do full time research as no funds are specifically allotted to all the Medical Colleges exclusively towards research purpose; 
     Moreover the minimum duration for completion of research  leading to the award  of PhD is 3 years (full time) and 4 years (part time) normally; but it may take even over 10 years or more for submitting the thesis for PhD if the University cancels the Registration and allows Re-registration on certain grounds of University Regulations. There is also no guarantee whether their submitted thesis will be accepted; further their registration for PhD gets cancelled by the Universities, if they do not submit the thesis within a time frame after giving extension of time; even among the teachers registered for PhD they are forced to abort it in the middle when they are transferred to some other medical college where there is no research facility; same is the situation when the guides are transferred to some other Medical colleges;   thus it  is not sure for all the medical teachers to get registered for PhD and it is also not sure  whether the lucky  few among all candidates who were able to register for PhD will successfully get it because of the reasons given above.                                                                                                        
        Therefore, taking into account all the above facts, the outlook for the feasibility of acquiring PhD qualification is bleak and the *PhD qualification  is thus an impossible qualification for almost all these  teachers to acquire, as only a negligible number of them may be able to acquire PhD qualification in their life time.  
  This is a confirmed fact and has been practically proved beyond doubt as only a negligible number of these medical teachers were able to acquire PhD amidst all odds during the last 42 years. 
            In fact the total number of PhD qualified persons among the medical teachers with M.D/M.S/MBBS with M.Sc qualifications and M.Sc(Medical) qualifications throughout India are negligible when compared to the total number of medical teachers including the M.Sc(Medical) qualified medical teachers in all Medical Colleges/Medical Institutions put together in the whole of India. 
       
       Further it is to be noted carefully  that the Postgraduate Degrees are academic qualifications whereas the PhD is a distinguished Research Qualification.    
      
      It is an indisputable fact that the distinguished PhD qualification is a specialized contribution to the research in a very small area of the subject of specialization.

    The Medical council have also stated  in their rules/circulars prior to the MCI Regulations 1998 that the PhD qualification is a specialization in a small area and hence all the Medical Teachers should have a Postgraduate Degree qualification (Master’s Degree) in the concerned subject.

    The PhD qualification is not an absolutely essential qualification for the purpose of teaching in the Medical Colleges. Because, teaching task is performed with the knowledge and skill acquired in all areas of the subject of specialization at Master Degree level.  
     The Master Degree in the concerned subject  is the essential qualification for teaching in the Medical college since it covers all areas of the subject concerned. This is evident from the fact that the MCI never prescribed PhD as the essential qualification for all the Medical Teachers and only the Postgraduate Qualification at Master’s Degree level in the concerned subject alone is the prescribed qualification for the purpose of teaching.

    Nobody is allowed for promotion above the level of Tutor/Demonstrator unless the candidate acquires the Postgraduate Qualification at Master’s Degree level in the concerned Medical Speciality.  
      Further The Medical Teaching in India is academic oriented and not  
      research oriented.
      
     If PhD is prescribed as the essential qualification  for promotion above the level Lecturer for all the Medical Teachers with MD/MS/MBBS with M.Sc Qualifications, even then only a negligible number of candidates who will be able to acquire PhD qualification alone will get promotion above the level of Lecturer; and certainly there will be a protest and agitation throughout the country by these  Medical Teachers since PhD is not an easy qualification to acquire unless the Government provides all infrastructure, Research facilities,  sanction of the required funds for all the Medical Colleges and institution of Special Programmes like Faculty Improvement Programme /Quality Improvement Programme etc and even then there is severe shortage of eligible  guides and co-guides to register under them for PhD research programme. 
                                                                                                                                      
      Therefore, it is not  just and reasonable in prescribing PhD qualification, only for the group of  Medical Teachers with M.Sc(Medical) qualification and not for the other group of Medical Teachers with MD/MS/MBBS with M.Sc qualification in the identical Pre-Clinical (Non-Clinical)  Medical specialities. 
    The Medical Teachers with M.Sc(Medical) qualification are not averse to do  PhD and in fact only a negligible number among these  Medical teachers with the M.Sc(Medical) qualifications alone  were able to acquire PhD qualification over the past 42 years amidst all odds.
    If the MCI wants to prescribe PhD qualification for promotion above the level of Lecturer, let them use the same yard stick in prescribing the PhD qualification for all the Medical Teachers throughout the Country without any discrimination. 
  
     The MCI Regulations1998  has not only caused irreparable 
damage, much harm and hardship in getting  their legitimate promotion to the M.Sc(Medical) qualified medical teachers who do not possess *PhD,  but also is bad in law as it  violates Article 14(equality before law), Article 16 (equal opportunity in the matter of employment), Article 19, Article 21 which includes Right to  livelihood  and several other related Articles of the Constitution of India for the reason that one group of Medical teachers with only Postgraduate qualification at Master degree level (Academic Qualification with submission of thesis/dissertation as a partial fulfillment) viz. M.S/M.D/MBBS with M.Sc in the Pre-Clinical (Non-clinical) Medical Specialities are regularly promoted without requiring them to acquire *PhD (Research Qualification) whereas the other group of Medical Teachers with Postgraduate qualification at Master Degree level viz. M.Sc(Medical) qualification in the identical Pre-clinical (Non-clinical) Medical Specialities are required to acquire *PhD(Research Qualification) in addition to the M.Sc(Medical) (Academic Qualification with submission of thesis/dissertation as a partial fulfillment)  for further promotion above the level of Lecturer in the MCI regulations 1998,
 (even though these medical teachers are originally eligible to be promoted up to the level of Professors with the M.Sc(Medical) qualification alone as per MCI Regulations 1971 and the Revised  Recommendations of the Medical council of India as approved in its meeting held  on 3-3-1973;
 and also in view of the fact that the Medical Council of India in its MCI Regulations itself has already approved that “the M.Sc(Medical) qualifications shall be deemed sufficient postgraduate medical qualifications for the purpose of  appointment of Non-Medical teachers”).

     It is pertinent to note that the Medical Council of India even allows the Medical postgraduates in other Medical Specialities, without  the required actual postgraduate qualification in the concerned  Medical Speciality for promotion up to the level of professor, taking into consideration their  teaching experience/training in the speciality in which they work as Medical Teachers;   for example, in Cardiology;  T.B and Chest Diseases: Biophysics  etc.

      But at the same time the MCI oppresses these duly qualified, specially created medical teachers and denies promotion, without taking into consideration their  postgraduate qualification at Master Degree level viz. M.Sc(Medical) in the concerned  Pre-clinical(Non-clinical)Medical Speciality and their very long teaching experience of up to  42 years  causing injustice to perpetuate. 

     It should be borne in mind without any bias that both the group of Medical Teachers are qualified at Master Degree level in the identical Pre-clinical(Non-clinical) Medical Specialities and their duties and responsibilities are also identical in teaching the medical students in the concerned Pre-Clinical(Non-clinical) Medical Subjects.             
      
                 
It is also pertinent to point out that in the Reference  No.7 cited above, the Central Fourth Pay Commission (The Central Fourth Pay Commission Report - item No. 10.237) while allowing the same scale of pay for both these categories of teachers  have stated  as follows:
     “ ……..The role of the of the two categories of teachers is not only comparable but is also  complementary and one can not be said to be less important than the other. We therefore recommend that the pay scales of Non-medical teaching staff of the Central Medical Teaching Institutions under the Central Government should be the same as for the Medical Teaching Staff.  ……” 

  In reference No. 8, it is also worth to note the complimentary comments of eminent Medical Teachers, for example, that of Prof. Dr. L.W. Chacko, the doyen and the Medical Stalwart who was Professor and HOD of Anatomy at All India Institute of Medical Sciences, New Delhi, is reproduced hereunder: 

     “Non-Medical personnel, specially selected on the merit basis, in my experience, can enrich the Anatomy Departments. They can be active in research and teaching and can be a challenge to those medical men who take their medical qualification as a prestige issue but do not rise up to the call of modern anatomy and modern approach to teaching undergraduates who have to be abreast of the advance in medical science.” 

       Therefore, taking into account all the above facts  including the facts regarding the un-feasible situation to acquire PhD qualification, the MCI Regulations 1998 is absolutely unreasonable, 
unfair, unethical, indefensible, contrary to its own MCI Regulations 1971,  unconstitutional, unjust, arbitrary and illegal in having prescribed  the  PhD qualification specifically only for the group of Medical teachers with  M.Sc(Medical) qualification in the Pre-clinical Medical Specialities for further promotion above the level of Lecturer and in not having prescribed the PhD qualification for the other group of  Medical Teachers with M.S/M.D/MBBS with M.Sc qualifications in the identical Pre-clinical Medical Specialities for further promotion above the level of Lecturer. That is to say, the MCI has failed to use the same yard stick. 

     It is reiterated that the MCI have also stated  in their rules/circulars prior to the MCI Regulations 1998 that the PhD qualification is a specialization in a small area and hence all the Medical Teachers should have a Postgraduate qualification (Master’s Degree) in the concerned subject.  
   
   ( However, in view of the fact that the PhD is a distinguished Research qualification, preference may be given to the PhD qualified candidates in the appointment of Medical College Teachers possessing  M.D/M.S/MBBS with M.Sc and M.Sc(Medical) qualifications and the PhD holders can be given a special PhD allowance of Rs.10,000 or more per month in addition to some suitable advance increments and other incentives as may deem fit.) 

    When things are very clear as seen above, it is shocking to note(in reference 
No. 2),  that  the members of the Adhoc Committee appointed by the Hon’ble Supreme Court of India and the Executive Committee of the Medical Council of India(exposing themselves that  they are oppressive, strongly biased against, belligerent and  hostile to  the M.Sc(Medical) qualified Medical Teachers)  have stated as follows:
   *** “…….. the members of the Adhoc Committee appointed by the Hon’ble Supreme Court and the Executive Committee of the Council  were firmly of the view that it is not  only unjustifiable, undesirable but also unethical to permit any person who is not fulfilling the minimum requirements as prescribed under the Regulations to work as a medical teacher. Further, running the Medical College/Institution with such compromised teaching faculty will result into degradation of the standards of medical education as the graduates from such Institute will be dealing with the lives of human beings without getting adequate training from the medical teachers. Hence considering all the factors in totality, the members of Adhoc Committee appointed by the Hon’ble Supreme Court and of the Executive committee of the Council decided to refer the letter back to the Central Government requesting and re-emphasising to the Central Government regarding non-permissibility under the provisions of the Act and statutory Regulations and the judicial pronouncements of the Hon’ble Supreme Court of any such reduction /deletion in the minimum statutory prescribed requirements for the teaching faculty”…… 

     The above  statement of the Adhoc Committee appointed by the Hon’ble Supreme court and the Executive Council of Medical council of India containing the strongly worded derogatory and insulting comments about  the Medical Teachers with M.Sc(Medical) qualification in the pre-clinical Medical Subjects such as Anatomy, Bio-Chemistry, Physiology etc is false, frivolous, travesty of facts, mischievous, deliberately misleading and strongly biased against these medical teachers with M.Sc(Medical) qualification and  is aimed, with the mala-fide intention, to scuttle the bona-fide historic decision of the Government of India to promote these medical teachers on the basis of qualifications and experience prescribed in the MCI Regulations of 1971 pending corresponding amendment of MCI Regulations of 1998.  

        It is severely shocking and surprising to note that the responsible Adhoc Committee appointed by the Hon’ble Supreme court has collided with the Executive Committee of the Medical council of India and acted in an irresponsible way by producing deliberately a totally false statement/report, without an iota of truth, (as ***reproduced above) to mislead the Hon’ble supreme Court and the Government of India.  

   With regard to the  derogatory  and insulting comment  contained in the statement/report of the Adhoc committee appointed by the Hon’ble Supreme Court of India and the Executive committee of Medical Council of India, we submit that the teaching in pre-clinical (Non-clinical) Medical Specialities is not done in the  hospital and the medical students never see the patients nor do they go to the hospital as there is absolutely  no need for the  medical students to see the patients  in connection with the study of the  Pre-clinical (Non-clinical) Medical Subjects like Anatomy, Physiology, Bio-Chemistry etc.       
    That is why these subjects are known as Pre-Clinical(Non-clinical)  Medical Specialities/Basic Medical Sciences. 
     The medical students see the patients and  get their clinical teaching and training and learn the signs and symptoms of the diseases, investigations, diagnosis and treatment only when they study the clinical medical subjects such as Ophthalmology, ENT, Medicine, Paediatrics, Surgery, Orthopaedics, Obstetrics & Gynaecology, Psychiatry, Dermatology etc., which are taught by the Medical Teachers with MD/MS qualification in the concerned   Clinical Medical Speciality and not by the Medical Teachers with MD/MS/MBBS with M.Sc qualification in the Pre-clinical(Non-clinical) Medical Specialities such as Anatomy, Bio-chemistry, Physiology etc. 

         Therefore the following *contention of the Adhoc committee appointed  
     by the  Hon’ble Supreme Court and the Executive Committee of MCI  
    viz.
      …. *“Further, running the Medical College/Institution with such compromised  
      teaching faculty will result into degradation of the standards of medical education as  
      the graduates from such  Institute will be dealing with the lives of human beings  
      without getting  adequate  training from the medical  teachers” ….. 
  
      is absolutely wrong,  deliberately misconceived and misleading. 
                                                                  
          Again with regard to the above  derogatory  and insulting comment  contained in  
      the *** statement/report of the Adhoc committee appointed by the Hon’ble  
      Supreme Court of India and the Executive committee of Medical Council of India,  
      the simple, direct but very serious questions that can be asked are:                            
                                                                          
1. Why the “Mudaliar Committee”  constituted by the Government of India during the Second  Five Year Plan, with Dr. A. L. Mudaliar, - (the world renowned Medical Stalwart and Doyen who was Vice-Chancellor of Madras University for more than 25 years continuously and also happened to be the Personal Physician cum Obstetrician and Gynaecologist to Queen Elizabeth) - as its Chairman took very serious steps to start these graded M.Sc(Medical) Courses in Pre-Clinical(Non-Clinical) Medical Specialities with the good intention to provide permanent Medical Teachers to overcome the severe shortage of qualified Medical teachers in the Pre-clinical Medical Specialities like Anatomy, Physiology, Bio-Chemistry etc., in line with the Developed Countries like USA, U.K etc where there is the existence of the special category of Medical Teachers with M.Sc qualification in the pre-clinical Medical specialities  who have effectively contributed to the medical teaching thereby overcoming the severe shortage of medical teachers ?

2. Does the Medical Council think that Dr. A.L Mudaliar, the great Medical Man
and Stalwart of high stature and  calibre, had committed such a grave mistake of
harming the human life by recommending (in his  capacity as the Chairman of the “Health Survey and Planning Committee” popularly known as the Mudaliar Committee” appointed by Government of India ) to institute the M.Sc(Medical) Courses in the Pre-Clinical Medical Specialities open for (Non-MBBS) Science Graduates and other Graduates like BDS, B.V.Sc, B.Pharm ?
                                                                           
 3. Is it not true that the  M.Sc(Medical) qualified candidates who were  appointed  
     as Medical Teachers  in the concerned Pre-Clinical(Non-Clinical) Medical  
     Specialities got  adequate teaching and training from the Medical Teachers with   
     M.D/M.S/MBBS with  M.Sc qualifications in the Pre-clinical (Non-
     Clinical) Medical  Specialities in the Medical Colleges/Medical Institutions ?                                                                                                                                   

  4. How did the Medical Council of India  allow these teachers to continue  in the  
      Medical colleges as teachers  for over 42 years if they are really considered to be 
      ‘compromised teaching faculty’ resulting in degradation of the standards of  
      medical education(as alleged)   ?

 5.   Is the   Medical Council  not concerned with the lives of the human    
       beings for over 42 years continuously if it really decides  that 
       “running the Medical College/Institution with such compromised teaching  
      faculty will result into degradation of the standards of medical education 
      as the graduates from such Institute will be dealing with the lives of human    
      beings without getting adequate training from the medical teachers”(as alleged) ?

  6. Has the Medical   Council of India, at any point of time during the past 42 years, 
      taken any  steps to get to know the quality and standard of these specially created   
      Medical Teachers with M.Sc(Medical) qualification and their suitability to  
      continue to be teachers or to be  removed from service (even though they have  
      proved to be very effective and  dedicated teachers in the cause of Medical  
      education over coming the severe shortage of Medical Teachers ) ? 
                                     
7. Has the Medical Council of India taken any steps to stop the M.Sc (Medical)  
     Courses conducted in many Medical Colleges/Medical Institutions across the  
     country  for the past 42 years, if it really has the genuine justification and 
     apprehension that ‘running the Medical College/Institution with such 
     compromised teaching faculty will result into degradation of the standards of  
     medical education as the graduates from such Institute will be dealing with the  
     lives of human beings without getting adequate training from the medical  
     teachers’…(as alleged) ?
8. Is there no shortage of qualified Medical Teachers with M.D/M.S/MBBS with M.Sc qualifications to cater to the needs of the Pre-clinical Medical Specialities of the Medical Colleges/Medical Institutions all over India even now ?

9. Does the Medical Council of India know the fact that the M.Sc Courses in 
      Pre-clinical  subjects are being conducted at the Universities of Developed  
      Countries like USA,  U.K etc and the these M.Sc qualified  persons are being 
      appointed as medical teachers in the concerned Pre-Clinical medical subjects like  
      Anatomy, Physiology, Bio-Chemistry etc even now due to shortage of medical  
      teachers ?. 
10. In case the M.Sc(Medical) course is stopped throughout India (without bothering about the shortage of Medical Teachers) what is the fate of these existing  Medical Teachers with the M.Sc(Medical) qualifications and how to overcome the shortage of Medical teachers ?
11. Is it ethical to oppress and crush these dedicated Medical teachers with M.Sc(Medical) qualification in Pre-Clinical Medical specialities who have put in up to 42 long years of teaching experience and deny promotion to them just because they are a helpless minority group of medical teachers? 
                                                                                                                                       
12.  Can the Medical Council of India misuse its power, oppress  and deprive the Fundamental Rights of these specially created Medical Teachers by taking law in hand and frame rules pertaining to the promotional avenues for the Medical Teachers with  M.Sc(Medical) Qualification at their whims and fancies and without any rhyme or reason in  violation of  the Article under Article14 (equality before law), Article 16 (equal opportunity in the matter of employment), Article 19 (Freedom  of Speech and Expression – [especially 19 (1) (g)-Freedom of Profession, 
Occupation, Trade or Business], Article 21(‘protection of life and personal 
liberty’ –(which includes Right to livelihood - Menaka Gandhi v Union of India,   
AIR 1978 SC 597; Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 
180, (1985) 3 SCC 545;  D.K.Yadav  v.  J.M.A Industries (1993) 3 SCC 258)    
AIR 1978 SC 597) and also 
show scant respect to the Decisions/Judgments of  the Hon’ble Supreme Court of India and deny promotion to the M.Sc(Medical) qualified Medical Teachers in  India, the largest Democracy in the world? 
                                                                                                                                      
13. Is it fair on the part of the Adhoc committee appointed by the Hon’ble Supreme  
 Court of India and the Executive committee of Medical Council of India to  act 
 Irresponsibly, in toto, and deliberately furnish a report /statement, (without an  
iota of truth about the Medical Teachers with M.Sc(Medical) qualification), as  
 reproduced hereunder? 
           “…*** the members of the Adhoc Committee appointed by the Hon’ble Supreme  
          Court and the Executive Committee of the Council were firmly of the view that it 
          is not only unjustifiable, undesirable but also unethical to permit any person who  
          is not fulfilling the minimum requirements as prescribed under the Regulations to 
          work as a medical teacher. Further, running the Medical College/Institution with 
          such compromised teaching faculty will result into degradation of the standards 
          of medical education as the graduates from such Institute will be dealing with the 
          lives of human beings without getting adequate training from the medical 
          teachers. Hence considering all the factors in totality, the members of Adhoc 
          Committee appointed by the Hon’ble Supreme Court and of the Executive 
          committee of the Council decided to refer the letter back to the Central  
          Government requesting and re-emphasising to the Central Government     
          regarding non-permissibility under the provisions of the Act and statutory 
          Regulations and the judicial pronouncements of the Hon’ble Supreme Court of 
          any such reduction /deletion in the minimum statutory prescribed requirements 
          for the teaching  faculty”……   

14. Can the recommendations of the Medical council of India supersede the policy decision of the Government of India (since the Government of India have to protect the interests and the Fundamental Rights of all their citizens in every aspect as per the Articles of the Constitution of India and also by making their policy decisions as per the circumstances and needs from time to time or they may have to even amend the Constitution of India in the larger interests of the citizens of India)? 
15. Does the Medical Council of India know that  Rules – Framed under proviso to article 309 would override conflicting recommendations made to the Government  by any expert body as already pronounced by the Hon’ble Supreme Court of India - Administrative Law- Constitution of India?                                                                                                                                                       
                                                          
16. Does the Medical Council of India know the fact that  in compliance with the  
    order and direction of the Hon’ble Supreme court of India (vide. their 
      Direction in the Writ Petition (Civil) No.1018 of 1989 dated Nov 15, 1989 read 
     with their Direction in the Contempt Petition No.(5) 85/90 dated 4-5-90), the 
     President of India has already framed rules in exercise of the powers 
    conferred by the proviso to article 309 of the Constitution of India  
    (published in the Extraordinary Gazette, No.519  dated November 30, 1990) 
     providing in-situ promotion, inter alia, other benefits to these medical teachers 
     and the qualification fixed  for promotion  up to the level of professor 
     is M.Sc only - (not PhD)?

17. If so, why the Medical Council of India made a conflicting recommendation  
     prescribing PhD qualification for promotion to higher posts above the level of 
     Lecturer post only for the M.Sc(Medical) qualified group of Medical teachers in 
     the MCI Regulations 1998 even though they are originally eligible to be promoted 
     up to the  level of Professor with the existing M.Sc(Medical) qualification alone as 
     per MCI Regulations 1971 and the Revised Recommendations of the Medical 
     Council    of   India as approved in its meeting held on 3-3-1973?

18. Why the Medical Council of India did not prescribe the same PhD qualification  
      for the other group of Medical teachers with MD/M.S/MBBS with M.Sc   
     qualifications in the identical Pre-clinical(Non-clinical) Medical Specialities in 
     the MCI Regulations 1998 for promotion to higher posts above the level of 
     Lecturer post?

19. Is it fair to perpetually block and deny promotion for these Medical Teachers with M.Sc(Medical) qualification when this category of Medical Teachers was specially created to overcome the severe shortage of Medical Teachers by the Government of India on the recommendations of the “Health Survey and Planning Committee” popularly known as the “Mudaliar Committee”   after consciously allowing the Non-MBBS Science and other Graduates to take up M.Sc(Medical) Degree qualification -(which was previously offered  only for MBBS graduates)- in the Pre-Clinical(Non-Clinical) Medical Specialities and that too when there is already the provision for promotion up to the level of Professor with M.Sc(Medical) qualification alone  in the MCI Regulations 1971 and the Revised  Recommendations of the Medical council of India as approved in its meeting held  on 3-3-1973?

20. Is it fair on the part of the Medical Council of India to perpetually subject these Medical Teachers with M.Sc(Medical) qualifications to oppression, harassment, insult, ill-treatment, mental agony, severe stress and also belittle them  for the simple reason that they do not possess the basic medical degree i.e., MBBS even though they have the  Master Degree i.e., M.Sc(Medical) qualification in the concerned Pre-Clinical (Non- Clinical ) Medical Speciality? 

21. Will it augur well for the future of the Medical Education in India where there is severe dearth of Medical teachers in the Pre-Clinical (Non-Clinical) Medical Specialities to continuously disturb and deny promotion for these Medical Teachers with M.Sc(Medical) qualification  which results in frustration interfering with the discharge of their duties because of the Congenial working atmosphere in jeopardy?

22. Why the Medical Council of India have miserably failed in their duties to promote harmony  and  the spirit of common brotherhood amongst all the Medical Teachers  transcending the groups of medical teachers with MD/MS/MBBS with M.Sc or M.Sc(Medical) qualifications and to renounce the practices derogatory to the  dignity and honour of the members of the noble medical teaching profession with   M.Sc(Medical) qualification? 

      
     Further in the same Reference No. 2 cited above, the Medical Council of India goes on  claiming throughout the contents of its letter that it is a statutory body and its recommendations are mandatory quoting the Hon’ble Supreme Court judgments;
 and perhaps claims to be a body superior to the Government of India and also perhaps thinks that it can supersede the decisions of the  Government of India  without realizing that the MCI Regulations 1998 prescribing PhD qualification  only for the group of Medical Teachers qualified at Master’s Degree level viz. M.Sc(Medical) qualification in the Pre-clinical (Non-clinical) Medical specialities like Anatomy, Physiology, Bio-chemistry etc., and not for the other group of Medical Teachers qualified at Master’s Degree level viz. MD/MS/MBBS with M.Sc in the identical Pre-clinical (Non-Clinical) Medical Specialities like Anatomy, Physiology, Bio-chemistry etc is oppressive, contrary to law, unconstitutional, unreasonable, arbitrary and illegal and contradictory to its own  MCI regulations 1971 and the  revised recommendations of MCI  as approved by the council in its meeting held on 3 – 3 -1973  and hence ultravires to the extent of  prescribing PhD qualification only for the medical teachers with M.Sc(Medical) qualification for promotion above the level of Lecturer.  
     
       As per the reference No 5 cited above, the M.Sc(Medical) qualification is one of the qualifications  in the respective Pre-Clinical (Non-Clinical) Medical Speciality such as Anatomy, Physiology, Biochemistry, Pharmacology and Microbiology prescribed  in  the MCI Regulations 1971 and the Revised  Recommendations of the Medical council of India as approved in its meeting held on 3-3-1973 1973 for appointment and promotion up to the level of Professor.                                                                                                            

       It should not be forgotten that, in order to face the severe shortage of qualified medical teachers in the pre-clinical Medical Specialities, Master Degree holders in Science who never had the exposure to medical college background were also appointed as teachers in the Medical Colleges in the Department of Bio-Chemistry and they were also promoted up to the level of Professor with the M.A/M.Sc qualification in Chemistry/Bio-Chemistry in the faculty of Science. 
         
       It is also pertinent to bring to the kind notice of the Hon’ble Union Health Minister that the  M.Sc(Medical) qualified candidates working under the establishment of Director General of Health Services, Government of India filed a writ petition against the Government of India praying for promotion and other benefits (in reference No.3). 

      In reference No. 3,  The Hon’ble Supreme Court of India, in their judgment,  have Directed the Government of India to consider the applicants for  promotion and other allowances which was complied with  and the qualification prescribed up to the level of Professor is M.Sc only (-not PhD).

      In several judgments of the Hon’ble Supreme Court of India and also in their judgment in Reference No. 3 , the Hon’ble Supreme Court of India have stressed and stated  as follows: 

   ”Right to be considered for promotion is a condition of service and it can only be regulated by a rule framed under the proviso to article 309”.

    “This Court, has on more than one occasion, pointed out that provision for promotion increases efficiency of the public service while stagnation reduces efficiency and makes the services ineffective. Promotion is thus a normal incidence of service.   
                                                                                       
     There too is no justification why while the similarly placed officers in other Ministries would have the benefit of promotion, the non-medical ‘A’ group scientists in the establishment of Director General of Health Services would be deprived of such advantage.  In a welfare State, it is necessary that there should be an efficient public service and, therefore, it should have been the obligation of the Ministry of Health to attend to the representations of the Council and its members and provide promotional avenues for this category of officers.” …..… 
                                                                                                                               
                The Hon’ble Supreme Court of India have also stated in their judgment,
Service Law-  Rules – Framed under proviso to article 309 would override conflicting recommendations made to the Government  by any expert body- Administrative Law- Constitution of India, Article 309. 

The following  Supreme Court Cases as held are also reproduced from the pages of Supreme Court Cases  1988 SCC  for your kind perusal.

       Pages 388 and 389,     Supreme Court Cases  1988   SCC

Service Law-seniority and promotion-preparation of panel of eligible candidates-to be made strictly in conformity with he Rules framed under the proviso to article 309 and not in accordance with the recommendations of any expert body such as Indian Medical Council - in case of conflict between the Rules and the Recommendations the former will override the latter - Medical council Act1956, section 19-A  - AP Medical and Health Special rules 1982, Annexure II serial 17 column (5) (b) prior to deletion in 1983. Service Law-Rules-Framed under proviso to Article 309 would override the conflicting recommendations made to the Government by any expert body-Administrative Law- Constitution of India, Article 309.

  Medical Council Act 1956 (102 of 1956) – sections 19-A and 3 – Recommendations made by Medical Council of India under section 19-A  - when in conflict with rules framed under proviso to Article 309, held, the rules will prevail – AP Medical and Health Service Special Rules, 1982, Rules 4, 5, 8, 9 and Annexure II Serial 17 Column (5) (b) 

Held: 
The Indian Medical Council constituted under Section 3 of the Act is an expert body intended and meant to control the minimum standard of Medical Education and to regulate their observance.  Afortiori, the recommendations made by the Council or the Regulations framed by it are only recommendatory and  not mandatory. 
It is not for the Council to prescribe qualifications for recruitment to posts of Professor, Readers and Lecturers. It can only lay down broad guidelines therefor. Such qualifications have necessarily to be prescribed by the framing of Rules under proviso to Article 309. Right to be considered for promotion is a condition of service and it can only be regulated by a Rule framed under the proviso to Article 309.


       In reference No.4, in compliance with the order of the Hon’ble Supreme Court of India, the President of India has already framed Rules  in exercise of the powers conferred by the proviso to article 309 of the Constitution of India (published in the Extraordinary Gazette, No.519  dated November 30, 1990) providing in-situ  promotion, inter alia, other benefits to these teachers and the qualification fixed  for promotion  up to the level of Professor is  ‘M.Sc only’ - (not *PhD).      

    The Medical Council of India have been treating these specially created group of Medical Teachers with M.Sc(Medical) qualifications in the Pre-Clinical  (Non-clinical) Medical specialities like Anatomy, Physiology, Bio-Chemistry etc  in a cruel and unfair way and not  giving them the same freedom, rights etc as the other group of medical teachers  in the identical Pre-clinical(Non-clinical) Medical Specialities. 
     With pain, we are extremely sorry to point out, (after experiencing the humiliation, harassment, mental agony, oppression etc., caused by the MCI for the past  42 years,) that the Medical Council of India (MCI) is a perpetual menace, belligerent and hostile to and strongly biased against these Medical Teachers with M.Sc(Medical) qualification in the Pre-Clinical(Non-clinical) Medical Specialities and has conveniently “branded” these teachers without any logic as “Non-Medical persons”/ “Non-medical teachers” and even their M.Sc(Medical) qualification as “Non-medical M.Sc”,  with the ulterior motive to mislead the top notch Administrators like IAS and other officers and even the judiciary and the Hon’ble Ministers so as to vehemently deny the legitimate promotion for these specially created minority group of Medical Teachers.                              
               
      At the same time, with every humbleness, humility and gratitude, we acknowledge gratefully and SALUTE those Medical Persons, Administrators, I.A.S Officers, the Honourable Ministers and  others, who have been helping us and continue to help us, understand our serious problems and sufferings, show sympathy on us, and legitimately and morally support us.

     The Hon’ble Union Health Minister knows fully well the following WHO Definition of Health:
 “Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”
     In recent years, this WHO definition of “HEALTH” has been amplified to include the ability to lead a “socially and economically productive life”.
                     
       But we, the minority group of specially created Medical Teachers with M.Sc(Medical) qualification (inappropriately called as Non-medical Teachers) are deprived of this “HEALTH” and made to suffer mentally, socially and economically for the past 42 years without promotion since a few of the Medical Men at the helm of affairs at the Medical Colleges/Medical Institutions, Medical Education Directorates and the Medical Council of India are strongly biased against, belligerent and hostile to these specially created  Medical Teachers and block/deny promotion, (even though they know pretty well that these specially created Medical Teachers with M.Sc(Medical) qualification are very effective, very sincere, hard working and  in the task of teaching the concerned Pre-Clinical(Non-Clinical) Medical  subjects to the Medical students), thus allowing injustice to continue perpetually.                                                                                                         
   The Medical Council of India should have been magnanimous, true to their conscience in justification and realistic in accepting the historic **decision of the Government of India to legitimately promote these Medical Teachers with M.Sc(Medical) qualifications  in the Pre-Clinical(Non-Clinical) Medical specialities as per MCI Regulations 1971 and amending the MCI Regulations 1998. 

       The concerned passage of the historic **decision of the Government of India is  
reproduced below:
        **“......However, in view  of the serious hardship of these medical teachers who are facing the threat of removal and denial of promotion; and also due to the severe shortage of faculty in the pre-clinical subjects, it has been further decided that pending corresponding amendment to 1998 Regulations, the teachers appointed in the pre-clinical specialities viz. Anatomy, Biochemistry, Physiology etc on the basis of qualifications and experience prescribed in the Regulations of 1971 shall be allowed to continue to function as medical teachers and shall be granted further promotions even though these teachers do not fulfill  the criteria prescribed by the MCI Regulations of 1998…….” 
  But the Medical council of India through the Adhoc Committee appointed by the Hon’ble Supreme Court and the Executive Committee of the Medical council of India vehemently opposes the above historic decision of the Government of India furnishing a statement which does not contain even an iota of truth and is  misleading.                                                                                                                                          

    The recommendations of the Medical council of India cannot (and should not) supersede the policy decision of the Government of India since it is the prime duty of the Government of India to protect the interests of all their citizens, inter-alia, their service and promotion thereby rendering justice under Article14 (equality before law), Article16 (equal opportunity in the matter of employment), Article 19 (Freedom of Speech and Expression – [especially 19 (1) (g)-Freedom of Profession, Occupation, Trade or Business], Article 21(‘protection of life and personal liberty’ –(which includes right to livelihood - Menaka Gandhi v Union of India, AIR 1978 SC 597; Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180, (1985) 3 SCC 545;  D.K.Yadav  v.  J.M.A Industries (1993) 3 SCC 258)  
and several other related Articles of the Constitution of India and  also  
  by making their policy decisions as per the circumstances and needs from time to time or they may have to even amend the Constitution of India in the larger interests of the citizens of India.                                                                                                                     

        The Government of India need to strike a balance with the     
   Fundamental Rights and other privileges enshrined in the Constitution   
   of India, requirements of law, principle of natural justice,  
   reasonableness, fair deal/treatment, dignity and honour of the teaching    
   and other professions, congenial working atmosphere, human rights etc.
    
    The Medical Council of India through its MCI Regulations 1998 has deprived of the Fundamental Rights  including the Right to livelihood of these  specially created Medical Teachers by taking law in hand and framing Rules in the MCI Regulations 1998 pertaining to the promotional avenues for the Medical Teachers with M.Sc(Medical) Qualification at their whims and fancies and without any rhyme or reason in  violation Article 14 (equality before law),  Article 16 (equal opportunity in the matter of employment), Article 19 (Freedom of Speech and Expression – [especially 19 (1) (g)-Freedom of Profession, Occupation, Trade or Business], Article 21(‘protection of life and personal liberty’ –(which includes right to livelihood - Menaka Gandhi v Union of India, AIR 1978 SC 597; Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 80, (1985) 3 SCC 545;  D.K.Yadav  v.  J.M.A Industries (1993) 3 SCC 258) and also has shown scant respect to the Decisions/Judgments of  the Hon’ble Supreme Court of India and illegally deny promotion to the M.Sc(Medical) qualified Medical Teachers.  
                                                                                                                                    
   The MCI Regulations 1998 is oppressive, unjust, unreasonable, against natural justice, unconstitutional, arbitrary and illegal  for the reason that one group of Medical teachers with only Postgraduate qualification at Master Degree level (Academic Qualification with submission of thesis/dissertation as a partial fulfillment) viz. M.S/M.D/MBBS with M.Sc in the Pre-Clinical (Non-clinical) Medical Specialities are regularly promoted without requiring them to acquire *PhD (Research Qualification) whereas the other group of Medical Teachers with Postgraduate qualification at Master Degree level viz. M.Sc(Medical) qualification in the identical Pre-clinical (Non-clinical) Medical Specialities are required to acquire *PhD(Research Qualification) in addition to the M.Sc(Medical) (Academic Qualification with submission of thesis/dissertation as a partial fulfillment)  for further promotion above the level of Lecturer, - (even though these medical teachers are originally eligible to be promoted up to the level of Professors with the M.Sc(Medical) qualification alone as per MCI Regulations 1971 and the Revised  Recommendations of the Medical council of India as approved in its meeting held  on 3-3-1973; and also in view of the fact that the Medical Council of India in its MCI Regulations itself has already approved that “the M.Sc(Medical) qualifications shall be deemed sufficient postgraduate medical qualifications for the purpose of  appointment of Non-Medical teachers”.

  In this context it is reiterated that in compliance with the order and Direction of the Hon’ble Supreme court of India (vide. their    Direction in the Writ Petition (Civil) No.1018 of 1989 dated Nov 15, 1989 read  with their Direction in the Contempt Petition No.(5) 85/90 dated 4-5-90), the President of India has already framed rules in exercise of the powers  conferred by the proviso to article 309 of the Constitution of India (published in the Extraordinary Gazette, No.519  dated November 30, 1990)  providing in-situ promotion, inter-alia, other benefits to these medical teachers and the qualification fixed for promotion  up to the level of professor is M.Sc only - (not PhD)?
                                                                                                                                          
    The benign Hon’ble Union Health Minister who is well known for his humane touch in every aspect, knows how difficult it is, especially, for the individuals belonging to the Scheduled Castes, Scheduled Tribes, Backward Class, Most Backward Class, Denotified Tribes  and others hailing from poor families, who have to struggle hard for  such a long time amidst all odds in order to acquire the M.Sc(Medical) qualification (the highest academic qualification in the concerned Pre-Clinical/Non-Clinical Medical Subjects) and how agonizing it would be when they are oppressed and deprived of their legitimate Fundamental Rights to get promotion already available in the MCI Regulations 1971.
  
    Hence we request the benign Hon’ble Union Minister of Health to take immediate steps to implement the historic decision of the Government of India cited in reference No.1 to promote these oppressed and suffering dedicated Medical Teachers with M.Sc(Medical) qualification in the Pre-clinical Medical Specialities (inappropriately called as Non-Medical teachers/Non-Medical persons) who are languishing and stagnating  without promotion even after putting in up to 42 long years of dedicated service in the cause of medical education filling the vacuum caused by the severe shortage of Medical teachers in the pre-clinical Medical Specialities, and   that  too in spite of the fact that  there is provision for promotion up to the level of Professors with M.Sc(Medical) qualification alone for these  Medical Teachers  in the MCI Regulations 1971 and the Revised  Recommendations of the Medical council of India as approved in its meeting held  on  3-3-1973.  

     We also request the Hon’ble Union Health Minister to intercede with the Medical Council of India to amend the MCI Regulations 1998  thereby restoring the promotional avenues available for these suffering M.Sc(Medical) qualified  Medical Teachers up to the level of Professor as per the MCI Regulations 1971 so that they can get a great relief from the clutches of  perpetual injustice caused to them. 

     Thanking you and the Government of India profusely for the historic decision to promote these suffering medical teachers and expecting early implementation of the same throughout the sub-continent, for which we will be ever grateful to you and the Government of India.    

                                                                                           Yours faithfully, 





Thursday, August 24, 2017

National Registry of Persons with M.Sc in medical subjects


There are thousands of Indians with M.Sc degree in medical subjects living in India and abroad. Unfortunately, there is no registry of such persons and nobody has any idea how many are we since 1960s.

Now, National M.Sc Medical Teachers' Association (NMMTA) makes another initiative to register all persons with M.Sc degree irrespective of the college, speciality, faculty or university for FREE.

Please register yourself by visiting https://medicalmsc.org/data.php. There is neither any obligation nor any cost involved in registering with this registry. Let us make this India's largest database of persons with M.Sc degree in medical life sciences. We need this data to inform the policy makers in the government.

It takes hardly a minute and can be done from your mobile phone itself. Remember to complete the process by clicking on the link in your email. Please register yourself and get your friends/colleagues/classmates to register for free by sharing this message over email, WhatsApp, Facebook or other social media network.

Calling all persons with M.Sc in Anatomy, Biochemistry, Physiology, Pharmacology and Microbiology in medical life sciences, irrespective of the college, faculty or university, to register in the National Registry for free at https://medicalmsc.org/data.php