Preview

Expert Opinion

Powerful Essays
Open Document
Open Document
1803 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Expert Opinion
Research work

Question: Whether the opinion of the experts can be interfered by the High Court?

It is a settled position of law that the courts are not entitled to sit in judgment over the opinion of the experts in their respective fields.

1. In the University of Mysore and Anr. v. C.D. Govinda Rao and Anr. AIR 1965 SC 491, in which the Constitution Bench unanimously held that normally the Courts should be slow to interfere with the opinions expressed by the experts particularly in a case when there is no allegation of mala fides against the experts who had constituted the Selection Board. The court further observed that it would normally be wise and safe for the courts to leave the decisions of academic matters to the experts who are more familiar with the problems they face than the courts generally can be. .
2. In Dr. M.C. Gupta & Others v. Dr. Arun Kumar Gupta & Others (1979) 2 SCC 339, somewhat similar controversy arose for adjudication, in which the State Public Service Commission invited applications for two posts of Professors of Medicine in the State Medical Colleges. The two appellants as well as respondent nos.1, 2 and 3 applied for the said post. Appellant no.1 had teaching experience of about 6 years and 6 months as a Lecturer in Cardiology in the department of medicine and about 3 years and 2 months as Reader in Medicine in S. N. Medical College, Agra. Since there was no separate Department of Cardiology in that College, Cardiology formed part of general medicine and as such he was required to teach general medicine to undergraduate students and to some post-graduate students in addition to Cardiology. Similarly, appellant no.2 had one year’s experience as postdoctoral teaching fellow in the Department of Medicine, State University of New York, Buffalo, one year’s teaching experience as Lecturer while posted as a Pool Officer and 15 months’ teaching experience as post-doctoral research fellow in the Department of Medicine in G.S.V.M. Medical

You May Also Find These Documents Helpful

  • Good Essays

    Regarding the decision making, the appointed judge under this pretext is less likely to be influenced by the opinions of the public, and therefore the probability of delivering fair judgments is high than in the case where politics are used as a determining factor of the judges’ fitness and capability.…

    • 1669 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Apush Dbq Study

    • 1061 Words
    • 5 Pages

    Before I go on to my paper, let me make clear in the very outset itself that here we will not discuss the recent lawsuits between UGC and the students. I will not address the issues such as the validity of judicial judgments or the quality and standard of NET. This paper is not for that. Now, with your consent, to my paper.…

    • 1061 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    The aim of this presentation is to demonstrate how the European Union Impacts the English legal system and goes on to identify the advantages and drawbacks of the Judicial Precedent.…

    • 800 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Scientific Evidence

    • 509 Words
    • 3 Pages

    The court ruled that in order to be admitted as evidence at trail, the questioned procedure technique, or principles must be “generally accepted” by a meaningful segment of relevant scientific community. This approach requires the proponent of scientific test to present to the court a collection of experts who can testify that the scientific issue before the court is generally accepted by the relevant members of scientific community.…

    • 509 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Judges have to make many discretionary decisions while they are on the bench. This is due to the fact that the law, no matter how well it is written, cannot anticipate every circumstance and eventuality that may be subject to that law. As a result, Judges are charged with making rational decisions in regards to the cases that don’t adequately fit the ramifications of the law. Most of the decisions that are made by Judges are independent of official guidelines and vary from Judge to Judge. This is due to the fact that when someone is charged with making a rational choice there are three tiers that have to be met: the decision maker must have a certain goal that they want to obtain from the decision, they must have alternative options other than the decision that they make and lastly they must have…

    • 903 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    We all have opinions and different people have different opinions along with nearly all of us consent that we are the entire permitted the right to have one and communicate it pompously, however are those opinions measured as adequate proof to consider them as assistance to information.…

    • 581 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In modern times, the independence of the judiciary is guaranteed by the Constitutional Reform Act 2005, s.3. In order to try to promote the independence of the judiciary, the selection process is designed to minimize political interference. The process focuses on senior members of the judiciary rather than on politicians. Part 2 of the Tribunals, Courts and Enforcement Act 2007 aims to increase diversity among the judiciary.…

    • 384 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    who helped me during the course of writing this article. First of all I thank God…

    • 2615 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Judicial Activism

    • 1401 Words
    • 6 Pages

    Wherever a decision involves detailed and practical knowledge, which is outside the normal comprehension of the judge, the court should restrain from commenting on that area.…

    • 1401 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Text Doctor in the House

    • 3602 Words
    • 15 Pages

    An examination is nothing more than an investigation of a man's knowledge, conducted in a way that the authorities have found the most fair and convenient to both sides. But the medical student cannot see it in this light. Examinations touch off his fighting spirit; they are a straight contest between himself and the examiners, conducted on well-established rules for both, and he goes at them like a prize-fighter.…

    • 3602 Words
    • 15 Pages
    Good Essays
  • Powerful Essays

    Curricular Reforms

    • 1349 Words
    • 6 Pages

    “Curricular Reforms in Medical Education: Indian Scenario” Avinash Supe Medical
Colleges
in
India
have
been
growing
exponentially
over
the
past
20
 years
and
now
number
more
than
330
with
an
output
of
35000
doctors
every
year.
 As
medical
graduates
from
India
serve
all
over
the
world,
their
training
as
well
as
 competence
is
global
concern.

 
 History of Medical Curricular Reforms in India India
has
a
rich
tradition
of
medical
education
from
2000
BC
with
Sushruta
 and
Charak
clearly
specifying
skills
and
curriculum
of
the
then
graduates.
One
to
One
 Gurukul
system
was
very
powerful
and
had
great
cultural
heritage.
Lord
Macaulay
–
 in
his
speech
in
British
parliament
in
1835
said,
"I
have
traveled
across
the
length
 and
breadth
of
India
and
I
have
not
seen
one
person
who
is
a
beggar,
who
is
a
thief.
 Such
wealth
I
have
seen
in
this
country,
such
high
moral
values,
people
of
such
 caliber,
that
I
do
not
think
we
would
ever
conquer
this
country,
unless
we
break
the
 very
backbone
of
this
nation,
which
is
her
spiritual
and
cultural
heritage,
and,
 therefore,
I
propose
that
we
replace
her
old
and
ancient
education
system,
her
 culture.
For
if
the
Indians
think
that
all
that
is
foreign
and
English
is
good
and
greater
 than
their
own,
they
will
lose
their
self‐esteem,
their
native
self‐culture
and
they
will
 become
what
we
want
them,
a
truly
dominated
nation!”.
British‐Influenced
medical
 colleges
started
in
1835‐40
in
our
country
and
brought
imperial
influence
on
Medical
 education
for
the
next
150
years.

 The
first
major
recommendations
were
made
by
Sir
Joseph
Bhore
in
1946
 who
recommended
integrating
preventive
and
curative
health
services,
basic
doctor
 philosophy
and
3
months
training
in
preventive
and
social
medicine
to
prepare
 “social
physicians”.
It
also
suggested
training
of
teachers
and
providing
refresher
 courses.
Srivastava
committee
report
in
1974
and
Reorientation
of
Medical
 Education
(ROME)
in
1975
recommended
strengthening
of
Primary
Health…

    • 1349 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Study on Mental Retardation

    • 5466 Words
    • 22 Pages

    The essay includes the topic of Medico-Legal issues: Medical Professional and Consumer Protection Act (COPRA). The rights of the patients under consumer protection Act. People with Disability Act 1995 and its relevance to the Medical profession. The Doctor patient relationship in our country has undergone a sea change in the last decade and a half. The lucky doctors of the past were treated like God and people revered and respected them. We witness today a fast pace of commercialization and globalization on all spheres of life and the medical profession is no exception to these phenomena. As a result, the doctor-patients relationship has deteriorated considerably. Earlier too, doctors were covered by various laws, i.e. the Law of Torts, IPC etc., but since the passing of the Consumer Protection Act in 1986, litigation against doctors is on the increase. The medical profession is definitely perturbed by this and a rethink is necessary on standards of medical practice or 'defensive medicine '.…

    • 5466 Words
    • 22 Pages
    Powerful Essays
  • Powerful Essays

    do judges make law

    • 3289 Words
    • 9 Pages

    In 1892, Lord Esher in Willis V Baddeley has said that “There is… no such thing as judge-made law, for the judges do not make the law, though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.”…

    • 3289 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Opinion

    • 2282 Words
    • 10 Pages

    Taoism as a Chinese religion began in the year 142 C.E, with the revelation of the Tao to Zhang Daoling or Chang Tao-ling by the personified god of the Tao, Lao Zi.Taoism emerged from a rich Shamanic tradition which existed in China and it is one of the Shamans, known as Kong FuZi.It was the first to construct a system by which the underlying structure of the universe could be expressed. Early religious rooted in the ideas of the Taoist thinkers, to which were added local religious rituals and beliefs, both to provide examples of Taoist philosophy, and integrate Taoism into the existing world views of all levels of the Chinese people.…

    • 2282 Words
    • 10 Pages
    Powerful Essays
  • Better Essays

    Opinions

    • 6258 Words
    • 26 Pages

    Yes, education can be a positive or a good influence to us by the Americans in many ways. Especially most of the children are now studying in Public Schools because it’s free and the school can also provide other needs or tools of the student for learning like books but, even though they were the one to teach us the art of the English Language and literature, there are still some negative effects that this influence gave us.…

    • 6258 Words
    • 26 Pages
    Better Essays