New Delhi: The Uttarakhand High Court has directed the Association of Plastic Surgeons of India to approach the Director, AIIMS, Rishikesh, within two weeks on the plea that only plastic surgeons with MBBS degree and masters degree alone are suitable for admission to M.Ch. in Cranio-Maxillofacial Surgery and that dental surgeons are not well equipped for Cranio-Maxillofacial Surgery, which requires a high degree of skill.
A single judge bench of Justice Manoj K. Tiwari observed: “It is a settled position in law that while exercising power of judicial review, this court does not enter into the domain reserved for subject experts. Which qualification would be suitable for admission, in a particular medical course, etc.”
The high court further directed the Director, AIIMS, Rishikesh to look into the representation of the Association and pass a speaking order, in accordance with law, within four weeks from the date of production of such representation.
The fact of the case is that the admission notice of June 9, 2019 published by the Director, AIIMS, Rishikesh, made dental surgeons with BDS degrees or MDS degrees eligible for admission to M.Ch. in the Cranio-Maxillofacial Surgery course. The association is seeking direction of the court to declare that notice violative of the Dentist Act, 1948 and Indian Medical Council Act, 1956.
Read the order here;display_pdf-1-1
– India Legal Bureau