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Post Graduate Aspirants Group: Karnataka State Junior Doctors' Association (KSJDA)

A Fight for our rights
Merit Vs Might

Click here for Important points of Judgment

Need Help.. Now!  | Counseling | Fund Problems | Rank List and Disparity


15th January 2002
Great news again.
High Court Justice, Mr.Vishawanath Shetty has given the verdict in the writ petition No. 1192-1211/2002. High Court has given directions to the university to squash the revised merit list which had taken into consideration 50% of the PGET marks and 50% of degree marks. So, the merit list which had taken into consideration only the entrance marks will be the valid one. According to this, for medical 671 students will be eligible ie. who have scored more than 50% of marks in entrance examination. After 671, Court has given indications to the university that it may adopt a method of combining 50% of entrance and 50% of degree marks.


10th January 2002

Our case had come before the honorable judge
today and it has been clubbed with the Dental case.  It is posted for next hearing on 11th at 1030 hrs   
Court Hall no-10 
Case no 1192-1211/2002


Counseling
Counseling starts on 15-01-02.
Dental it's on 18th.
Medical it’s on 15th, 16th, 17th.

Need Help.. Now! 
On 6th Jan 02' we had requested PG aspirants to assemble for meeting at IMA library. To our surprise there were hardly around 100 members. We are really disappointed by the lackluster, pathetic attitude of our student community. Why should we go, some one else will do that, why should i pay, etc etc this kind of attitude from the community has really hurt us. It's high time we people come out of such an hibernation. 

Anyhow we at the same time thank those who stood by us and have pledged their support. Now we have a bigger core group working really hard to find ways to reach our goal. We very intentionally had not updated the site after 6th Jan till date because we wanted to discuss certain things and then come to a decision in the larger interest of the student community and the society as well.

Now we have a clear-cut protocol to which we are adhering to, issue regarding supreme court-  
Dr. R.R. Patil has taken all necessary steps to combat the fight there. Our senior and junior advocates are getting prepared for the big fight. Private college management's plea has not yet
been listed (as on 10th). It may be listed anytime from now. We are very happy to inform u people that we are well prepared for it. 

Fund Problems
But money is the big problem now. Income as on 10th 99,361 Expenses on 10th 99,778
Balance -417 (Yes.. Negative
!) That means we are in a negative balance right now. This is the time for every one to help us and Dr. R.R Patil to tide over the crisis. We require another 1 to 1 1/2 lakhs for this. So please help us very urgently. If we are unable to do it now, all our efforts till date would end up as a waste. Please don't let that happen. Our representatives will be coming to your places very shortly, but don't wait for that, Send your contributions directly to the bank.

Rank List and Disparity
As we all know that RGUHS have come out with a new rank list by taking into consideration 50% of entrance marks and 50% of UG marks. By doing this they are only helping some university students but at the same time Jeopardizing carriers of a majority of PG aspirants who had put in so much of efforts for the entrance. 

Next year it will be even tougher fight because first batch of RGUHS students who are way ahead of us in the UG marks will be competing with us. It will be something like losing the battle even before going to the battlefield. There is definitely a huge disparity in our academic marks because we are all from different universities and the standard, exam pattern etc is also very different. So our academic merits can never be equated and weighed on the same measuring scale.

For example: In 1993 batch
BMC students - first MBBS 100 first class
Second MBBS 90
Third MBBS 30

Whereas Bellary students from the same batch had just one first class in final year.

This definitely does not mean that Bellary students are less intelligent. It only shows the wide disparity in the standards between universities (in fact they had a big share of the first 100 ranks)
May be after 5-6 years RGUHS can do this because then the students will only be from RGUHS  university and there will be uniformity in their academic merits. The same has been told clearly in MCI regulations and Supreme court order in Dr Preethi Shrivastava's case. Here are the examples of few students who are badly affected by this new list+

mv 0681 49 to 319
mv 0069 27 to 253
mv 0003 3 to 86
mk 0338 63 to 236
mm 0067 84 to 328
mb 0747 16 to 136
mm 0142 17 to 150

These are just few examples of a huge majority of meritorious students who are badly affected. On 6th Jan we discussed about this matter in great detail and have come to a conclusion to fight it out. 
We had submitted three representations to university on 1st, 7th and 8th Jan. But it was to fall on deaf ears. So finally we have decided to fight it out in the Court of law. We have filed a case (20 petitioners) on this 9th Jan.

It will be taken up before the judge on 10th Jan. Our advocate is Mr. Ravi B Naik. We are hoping for the best.... let's all hope so. For this again we need money and the need of itis very urgent. Expenses for this including advocate's fee could cross 60 thousand. We have decided to keep this case as a separate one from the main one. Accounts of this will be in a separate sub section .It will not be clubbed with the main accounts section. 

We are starting it from scratch. So hereby we request all those who are severely affected from the new rank list to contribute generously and immediately. To be sent directly to the bank. Preferably thro DD. Hope u will understand the gravity of the condition and act fast. Your suggestions and questions are most welcome. It will promptly be  answered here after.

 




2nd January 2002
Dear Friends, 
We request all of our readers to assemble for a meeting on 6th Jan 2002(after All India exam) at 4 PM at IMA library. We will discuss about the confusions created by the revised merit (3rd) list and a protocol for further course of action will decided with your collective opinion. Kindly pass on the message to as many as possible. 
Venue: IMA library, Bangalore Medical College, Bangalore 
Date & Time:
6th Jan 2002, 4PM 
Thanks, PGA Group.

24th December 2001 :  

Appeal

  • The judgment in respect of post-graduate medical and dental admissions case filed by Dr. R.R.Patil, former principal of S.Nijalingappa College, Bangalore is pronounced on 20-12-2001. This is an exceptionally good judgment and it has come as a boon for all the PG. Aspirants. 

  • All the students of medical and dental disciples should be ever grateful to Justice G.C. Bharuka and Justice A.V. Srinivas Reddy for upholding our slogans like "MERIT PREVAILS OVER MONEY" and "THERE IS NO SUBSTITUTE FOR MERIT" 

  • However, it appears, our legal battle for justice has not come to an end, because the private managements are preparing themselves to file a SPECIAL LEAVE PETITION before the Hon’ble Supreme Court and pour money to get the judgment reversed in their favor or at least to get an order of stay for the implementation of the present order of the Hon’ble High Court.

  • In view of this apprehended situation, we need to have better financial resources, so that we can engage a best Advocate and confront legally with the mighty managements. You are aware that the present balance in our Association A/C is not adequate to meet further legal expenses. 

  • Therefore, we earnestly request all the members of medical community to extend their full cooperation by contributing generously for this common cause. They may kindly send their contributions directly to the Bank A/C of our association at the earliest.

IMPORTANT POINTS OF THE JUDGMENT 

  1. The selection of candidates to various P.G. Courses by the private colleges by adopting different methods of determining academic merit like oral interview, written test conducted by individual institution are not permissible under the MCI / DCI regulations.
  2. The private medical and dental colleges had taken it guaranteed for themselves to give admissions to PG courses at their sweet will and absolute discretion by evolving the method of determining merit of candidates according to their convenience.
  3. Keeping in view interest of the society, educational institutions, completion of the course within prescribed period and in the interest of majority of the candidates, it is desirable to evolve a solution for selection of candidates at the earliest. Such a process of selection has to be necessarily in conformity with the statutory regulations. In this view of the matter, we find it appropriate to direct the selection committee which has been constituted by the State Government under notification dated 19-4-2000, to complete the process of selection to PG courses in question strictly in accordance with the UGC regulations.
  4. It is noticed that admittedly all the private medical and dental colleges have been established by the registered Societies or Trusts apparently for philanthropic purposes and serving the society by providing educational facilities in professional courses.
  5. Since the number of PG aspirants is more than the number of seats available, no seat will remain vacant whether the admissions to such seats are made by one or more mode.
  6. It can be reasonably presumed that all the candidates who were interested in PG courses and were confident of their merit had certainly availed the common entrance test.
  7. Shri A.K.Ganguli, learned Sr. Advocate appearing for private medical colleges has very fairly admitted that the medical and dental colleges ae not entitled to charge the fees from the candidates more than what has been prescribed by the government. In view of this fact, the managements of private medical and dental colleges can have hardly anything to complain of even if the procedure as laid down for admission to PG courses by this UGC is followed in letter and spirit.
  8. In view of the facts stated above, it is held that the admissions given to PG courses by the private medical and dental colleges are irregular and contrary to the statutorily provided mode of determining merit and therefore the same are cancelled.
  9. We do not find any reasonable excuse on the part of the managements to enter into costly litigation like the present one for defending their right to admit students in PG courses at their own instance since the cost of such litigation can be better spent and utilized for providing infrastructure facilities to students, teachers and staff of the college.
  10. The Rajiv Gandhi University of Health Sciences should forthwith proceed to draw time schedule for completing the entire process within 4 weeks.

20th December 2001 :  
Highlights of the judgment

* All PG admissions made by private medical and dental colleges for the current academic year stand cancelled.
* Admissions to PG courses should be strictly in
accordance to UGC and MCI regulations ie. selection based only on merit.
* RGUHS is directed to complete the process of
admission in 4 weeks.
* The above said ruling also applies to dental
admissions

* As a safety precaution, Dr. R.R.Patil will be filing a caveat for the judgment in the supreme court on 21st Dec 2001

More Info



14th December 2001
:  Verdict is not yet delivered. so let's all wait with patience for a positive outcome.  Regarding rumors- beware of it. rumors are rumors. Please don't give heed to them.   we update only confirmed and official news. Hence.. please be relaxed and wait...... 
PGA group.

Last Update:  30th Nov 2001 
Dear Friends, At last, arguments from both the parties came to an end today i.e. 30th Nov 2001. There are no more hearings. Judgment is reserved. It maybe delivered after around 10 days. We are highly confident of a positive verdict in the Honorable High Court. Meanwhile, we should be well prepared for the post verdict scenario where again the battle of Merit v/s Might could continue. Hereby, we again request each and everyone concerned to send their contributions at the earliest. 
Thank You, 
PGA Group

Last Update: 27th Nov 2001
Dear Friends,
Our case proceedings have reached the final stage in the high court. A separate writ petition filed by Mr. Kamath fighting for the cause of dental students has been clubbed with our case. So, there has to be one last hearing from the council for private dental institutions.

Honourable Justice have given clear indications that this has to be the final hearing. It is scheduled on Friday, 30th Nov 2001. After this, the final verdict will be delivered at a later date.
Thank You
PGA Group.

Last Update: November 26, 2001
Dear Friends,
Since the case is directly related to the academic career of PG Aspirants, The Hon'ble court has been kind enough to hear the arguments from both the sides on priority basis and practically on everyday. The arguments are almost concluded and we hope to get judgment in our favor by the end of this month. Next court proceedings will be held on 26th Nov 2001

Thank You,
PGA Group.


Last Update: November 22, 2001
dear friends,      
today, MCI counsel and university counsel have put forward their stand before the hon'ble high court. Tomorrow it will be the turn of the counsel for Government of Karnataka.  Since the plea of dental students plea is also clubbed with this case, tomorrow probably their version may also figure in the proceedings.      
Thank You
PG Aspirants Group

November 21, 2001
sorry friends for not updating the matter, as we were busy with the AIIMS exams and we returned from Delhi yesterday .   court hearings were held on 19th,20th,21st.again we are not supposed to write much on court proceedings, but to keep u informed friends, All parties were heard for the last three days and the MCI counsel has been asked to file a memo stating their stand.    court proceedings will again continue tomorrow i.e. 22nd at 2.30pm. We are definitely seeing light at the end of the tunnel.   let's hope for the best.  Thank You
PG Aspirants Group

November 10, 2001
Dear Friends,

We all expected today's (9th Nov 2001) hearing to be the final hearing, but this was not the case as the advocate for the pleading students of the private colleges is yet to put forward his views.
As there is Diwali vacation in the next week, hearing has been adjourned till 19th Nov 2001.

Thank You
PG Aspirants Group

November 8, 2001

Dear Friends, 
As scheduled, the court hearings were held on Wednesday, 7th Nov and Thursday, 8th Nov 2001. Court will again hear to the parties on Friday, 9th Nov 2001 from 10.30 AM (it's going to be a whole day affair). In all probabilities, this could be the final hearing in the High Court. After this hearing verdict maybe delivered anytime in the next week. Till then lets keep our fingers crossed and watch the game. Please do come in large numbers to the final hearing on 9th Nov, Friday and show the Honorable High Court that we are all united. 

Thanking You 
PG Aspirants Group

NOTE: We are sorry for not sending the updates regularly. But we were not supposed to comment much on the court proceedings. that's the reason even why the media don't like to take risk with as that's something equivalent to contempt of court. 

dear friends,
we know that you are all eagerly waiting for the final verdict from the high court. As scheduled there were three hearings on 29,30,31st of Oct 01, but the final verdict is yet to be delivered. Till the verdict is delivered, we are not supposed to comment much on the court proceedings. As of now, our advocate Mr. Ravi.B.Naik has put forward our plea and the necessary documents before the honorable high court.

Respondents have  put forward their answers. Honorable justice Mr. Baruka and honorable justice Mr Srinivas Reddy have given a patient ear to both the parties. university people and govt people are yet to come out with their answers. We have full faith in the judiciary and we r fully confident that the court proceedings are shaping up in our favor.

Next hearing is scheduled on wed, the 7th Nov 01. In all probability, final verdict can be expected
by next week end. Let's all hope that the law of the land will prevail upon the rest. till date amt mobilised(01-11-01) - 90,125/- expenses - 15,170/- and balance - 74,955/- For more details please see
Accounts section 

As for as mobilization of funds is concerned, We r not even half way thro'. two lakhs is still a long way to go, but not if the whole medical and dental community stands united during this hour of crisis.
sathya meva jayathe. 
thanking u 
PG Aspirants group

SO FAR....


Dear friends,

As we were busy mobilizing strength from all quarters of Karnataka and also as we were just 10 active members working, we were not able to communicate with you as we intended to do.

We have formed a core group of 10 members and have formulated plan of action, according to that we had held a press conference on October 10 2001 at Bangalore Press Club through which we had planned to mobilize support. It was a moderate success and news dailies like Deccan Herald, Vijay Karnataka and Udayavani promptly supported us. We hereby thank them wholeheartedly.

Next the core group was split up into members of 2-3 and was sent to 4 govt. medical colleges at Bangalore, Bellary, Mysore and Hubli. In the mean process Dr Murugs and Dr Raghu stood by us and helped us in Hubli. We thank them.

Our representatives in their respective places within their limits and available resources have done a reasonably good job. They were successful to an extent in motivating students, interns and PG aspirants. Everywhere the response has been lukewarm to moderate and definitely not up to what we had expected. There have been isolated episodes of encouragement that makes us happy but overall the response is not up to the mark. However we have full faith in medical community that in the hour of crisis we will stand united. It is picking up and seems more like a matter of time.

In all the four places the respective colleges have come forward and assured us of mobilizing funds. They have requested a time gap. So we have requested them to collect the amount and send it to the account.

Here are the representatives

Hubli  Mysore  Bellary  Bangalore
Dr Madhav Hegde
Dr Shashikanth
Dr Shashidhar
Dr Gangadhar
Dr Prakash
Dr Prakash
Dr Ravi
Dr Sanjappa 
Dr Bhosale
Dr Ranganath
Dr Kavigalan 
Dr Swetha
Dr Kantaraj
Mr Lohit Reddy
Miss Sowmya
Mr Jai Babu
Mr Sunil

Friends! Time is running out. Now we are definitely running short of funds and physical strength. Till date we haven’t received a single DD or Cheque that is sent directly to the bank.

We definitely cannot approach to every individual person with limited time. We hereby request everyone to get motivated, spread the awareness, get others motivated and contribute generously at the earliest. We hereby request you friends to be present at the High Court premises for the hearing that is slated on 29th, 30th and 31st of Oct 2001.

Expecting all kinds of support from dental and medical community during the hour of crisis.

Thanking you

PG Aspirants Group

Dear friends and well wishers,

We the PG Aspirants Group, KSJDA request every one of you to support our fight against the gross injustice meted to us by the Government of Karnataka and the management of private medical colleges.

For the Academic Year 2001-02, there are 14 Private Medical Colleges in our State Conducting PG (Post Graduate) Courses with the total intake of 956 seats. As per the M.C.I. (Medical Council of India) regulations, 50% of the seats should be allotted on merit basis by the Government and 50% of the seats be allotted again on merit basis by Managements in non-Governmental Institution. This would mean 478 seats in the Management quota and 478 seats in the Government quota. 

But for reasons best known only to the Medical Education Ministry, this pattern was never followed resulting in a total of 729 seats in the Management quota i.e., 251 excess seats have been 'gifted' to the Private Colleges whose market selling price would fetch them of a whopping 100 Crores. 

All the 15 seats in M.D. (R.D.) branch has been gifted to the private management not retaining even a single seat in Government quota. In other words, the first rank holder of this state exam cannot avail this branch if he opts for it, since it will be given to the highest bidder in the auctions conducted behind the close doors of Private Management Colleges.

The State Government, in spite of having complete knowledge of these regulations set by M.C.I. has openly flouted the rules, resulting in a "self styled sharing" of seats allotting more than 80% of total intake to Private Colleges and retaining hardly 20% of seats under Government quota. In many branches even up to 90-100% seats have been gifted to Private Colleges in utter disregard to the career of poor meritorious students, also depriving the backward classes of their rights in their respective reservation categories.

If this practice continues for some more years it would not only affect the meritorious students claiming seat under Government quota, though they are the direct sufferers, it will also affect they health services infrastructure and quality of Medical Service, in the state in the long run. 

Challenging all these irregularities Dr. R.R. Patil former principal of S.Nijalingappa College has filed a Public Interest Litigation before the honorable High Court on 06-08- 2001 and the case has reached a position wherein the verdict shall uphold the rights of the merit students after hearing the case for three consecutive days i.e. 29th,30th and 31st of October 2001. Please come in large numbers and show your support. 

We would like to state here that the members of K.S.J.D.A. are mobilizing our strengths and we hope to see the whole Medical and Dental fraternity to come forward in support of our cause as we have genuine merit in our prayer before the hon'ble High Court. This case can be aptly called “might vs. merit”.



How can You help us ? 
 We request you all to extend your voice, moral and monetary support for this fight that involves enormous legal expenses in the Supreme Court. This fight is not just for the current academic year aspirants, but also for next year batch and the generations to follow. 

Kindly send your cheques and DDs favoring “PG Aspirants Group, KSJDA” SB A/C no:-01100030226

To
State Bank of India
BMC branch, Fort Road
Bangalore, 560 002
Kindly send your contributions at the earliest (by oct 25 2001)

NOTE: kindly mention your Complete Name and Telephone number behind the cheque or DD. If you are sending the cheques.. kindly "cross" it.. that is draw two parallel lines in the top-left corner of the cheque.

Thanking you

PG Aspirants Group: KSJDA

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