As per Indian Constitution, Health is in concurrent list that is -"laws can be enacted on health matters both by the central Govt. and the state Govt". Health is the subject of state as per indian constitution. But,It is a basic legal principle that a central Act supersedes a state Act if there is a conflict.
State medical council has independent authority to recognise a particular post-graduate course valid only in that particular state OR in other states which have a mutual agreement to do so.
As per regulations, a university has the authority to conduct such a course without any need for SMC or MCI regulation. That is the reason Annamalai University or some organization ( IMA ) can conduct so many SMC / MCI non-recognised post-graduate courses.
universities or associations may conduct their courses as per their own curriculum but every one must remember, their courses are only for enriching the skills like CME programs,but not legally valid to claim as a specialist.
The MCI code of ethics 7.2 clearly states that nobody should claim to be a specialist unless he has a valid qualification (i.e. MCI recognized ) in that branch.
The institutions,organizations and universities can apply for Recognition with MCI. if MCI rejects with out any valid reason, these can move the judiciary.The MCI code of ethics 7.2 clearly states that nobody should claim to be a specialist unless he has a valid qualification (i.e. MCI recognized ) in that branch.
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