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Feb 2015|Volume 12|Issue 2
Feb 2015|Vol 12|Issue 2

High court Directs TNHMC to update Medical Register as per law

          CHENNAI. DEC.4: Honourable high court issued a order to writ petition filed by Dr Jillus seeking for update of Medical Register of Tamil Nadu Homoeopathy Medical Council before conducting the election for Central council for Homoeopathy. He made a representation to the secretary Department of AYUSH that Notification by the Department dated 18.2.2013 for the election of two members representing the state is erroneous since the false registry of more than 10,000 is kept without updating the Medical Register. Medical Register was not revised and published as per law purposely for election malpractices and illegal issue of certificates on deceased physician’s names. He pointed out in his affidavit and the published Medical register sends to collectors as per law.
Honorable Justice Sasidharan ordered and directed the Registrar to update the register within three months on receipt of comprehensive representation by the petitioner. He made a representation to the Registrar Stating
The petitioner is given liberty to submit a comprehensive representation before the 4th Respondent for the purpose of updating the Medical Register. In case, any such representation respondent on merits and as per law expeditiously and any case with in period of three months from the date of receipt of a copy of this order
Hence I present respectively the following representation to comply lawfully and kindly execute the order
1. I am to state that the Registration of Practitioners and maintenance of Registers as described in Chapter III of the Tamil Nadu Homeopathy System of Medicine and Practitioner of Homeopathy Act, 1971 and Tamil Nadu Homoeopathy System of Medicine and Practitioners of Homoeopathy Rules 1972. The institutionally trained physicians are registered under “A” class. The physicians with ten years experience are registered under “B” class and four years experience with pass in written test are registered in “C” class.

2. As per section 15 (1) the A class practitioners graduated from colleges are registering and only this kind of registration is prevailing now. But the B and C class practitioners are one time attempt. According to section 15(1) (b) (ii) and 15(1)(c) (ii) the B and C practitioners should have obtained the Certificate of Regular practice as on 4.5.1974 in FORM VII ( Vide rule 9(1) from the district collector assessing the place of practice and exact postal address by the revenue authorities and according to section 15(1) (b) (i) and 15(1) (c) (ii) the application should have reached the council on or before 4.5.1976

3. A special test was conducted by the Council for C class registration as provided under the Tamil Nadu Homoeopathy Counsel (syllabus for written tests) regulations 1975. The regulation 4 states that the written test was conducted between May 1975 to 1977 and Regulation 5 says that no such tests will be conducted after April 1977. Section 15 of the act will make this amply clear that the Registration of Medical Practitioners under B and C class was closed on 04.05.1976

4. The maintenance of Register of Medical Practitioners and Publication of Medical Register is described in Section 16 and Rules 11. I humbly state that the Registration certificates are issued under Section 16(2) shall be issued with a certificate of registration in a prescribed format under Forms IX (Vide Rule 11(6) ), Form XI and Form XII, with a notice
Every Registered Medical Practitioner should be careful to send the Registrar immediate notice of any change in his address and also to answer all enquiries that may be sent to him by the Registrar in regard there to in order that correct address may be duly inserted in Medical Register ‘
A copy of the published Medical Register wherein his name first appears registered will be supplied , gratis, to every registered medical person, provided that before end of the year publication , application be made for such copy to the registrar accompanied by one rupee towards postal charges
The last edition of Medical Register alone is evidence of Registration
Hence the last published every register maintained under sub Sec. 2 and the revised Medical Register published under Sub.Sec 1 of Sec. 16 of Tamil Nadu Act 5 of 1972 shall be a document within the meaning of Indian Evidence Act 1872 and the last edition of the Medical Register alone is evidence of Registration. Hence a practitioner is entitled to practice only his name entered and published in the Tamil Nadu Government Gazette and cannot practice when his name is removed from Medical Register
5. I humbly bring to your kind attention that the Medical Register for the B and C classes was published in 31. 5. 1978 and not revised and published in accordance to the provisions of the Act and Rules. Only the A class first time entry was published and also not revised and published as per law. I state that rules for completion and publication of Medical Registers and connected matters are described in Rule 11
6. The model of publication of Medical Register is explained in Rule 11(1) and FORM VIII is appended in which the name of the physician, fathers name, date of Registration and place of profession and address is published and 11(2) states that registrar is authenticated and verify and attest these registers. The rule 11(3) the Registrar the medical register is printed and published corrected up to end of the year. The rule 11(4) emphasis when address of the practitioners is incorrect, the registrar should take all endeavors and if correct address is unknown the words “Address unknown” shall be entered on address column of the registers against the name of the practitioner and when authentic information is available that practitioner is dead, the Registrar strike of his name from the Register. Hence it is clear that when the address is unknown, any communication, sending the postal vote is aimed for malpractice in election and the unknown names are purposely used to keep the strength above 10,000 for CCH election by the authorities. Hence they should not be listed to CCH election illegally
7. The rule 11(5) clearly states, each Register in A class , B Class and C Class the publication of Medical Register with total number in beginning, the number of persons added , no of persons restored, number of persons removed by death and total number remaining
8. The rule 10(8)(ii) states clearly states that the published gazette copy under the Rule 11((3) every year as soon as possible send to the Municipal commissioners and District collector concerned to furnish the extracts of the names of the medical practitioner residing in within the municipal area, as the case may be and also enable them to furnish the death report in FORM XV as monthly return. Hence the revenue authorities in the local authority should furnish the details of the every practitioner ‘s place of profession and other details such as “Address Unknown” “ Dead “ etc
9. The section 36 of the TNHMPH Act 1971 clearly states that all the notifications , any modification or annulment shall be is valid only when they are published in Tamil Nadu Government Gazette and effective and come into force only on the particular day. Hence any changes in the registry by resolutions of the council, executive orders published in TN Government Gazette is not possible
10. I bring to your kind information that medical Registers were not published and send to the municipal commissioner and District Collectors purposely by the authorities for illegal entries in B and C classes after 4.5.1976 and without certificate of practice issued by the District collectors and their name also published in Medical Register by the former Registrars and members Governing the Council. For instance Thiru C Soundarajan, former Registrar himself enrolled his name in the Register bearing the Registration Number 12923 in B class on 31.5.1983 which is not possible as per sec.15(b) (i)(ii)
The authorities claimed in court affidavits that Dr.C.Soundarajan has been Registered under Class B with Registration Number 12923 dated 31.5.1983 and published in the Tamil Nadu Government Gazette in part VII section1 dated 2.2.2011 in page No 857 and Serial No 11973 . Dr.C.Soundarajan name has been registered only 1983 and hence not possible to publish his name in 1979 gazette publication
11. The claim of preliminary electoral roll as Medical Register is illegal and the things are amply clear that certain council members also involved in illegal Registration. In accordance to law the Registrar Thiru C Soundarajan’s name not published in Medical Register, but he enrolled his name in the register illegally entered in the Register for B class. According to Rule 11(2) serving as Registrar cum Returning officer responsible for publication of the TN gazette dated 2.2.2011 and issue of illegal certificate as per law I state that legally the entries made out in Register of B class is illegal since he does not possess any Certificate of Regular practice issued by collector, entered after 4.5.1976 and his name is found in medical Register. I state that the Registration made out based on only Register after the prescribed period should be deleted since they do not poses any valid Certificate of Practice and their name are also not found in medical Register
12. The authorities passed a resolution on 12.3.1985 shifted the C class B class contemplating section 15 (1) (b) (ii) and 15 (1) (c) (ii). I humbly state that The Tamil Nadu Homoeopathy system of Medicine And Practitioners Homoeopathy Act 1971 ( Act 5/1972 which received assent on 26-2-1972, published on 8.3.1972 and came into force on 5.5.1972, the Act was amended 37/1975, received assent on 22.11.1975, published on 26.11.1975 and came into force on 10.6.1975 ) particularly to extend the time for experience based registration on Section 15 (1) (b) (i) (ii) and 15(1) (C) (i)(ii). In such circumstances ignoring the Section 36 of the act the authorities deleted the C class Registrations and shifted to B Class and corrupted the Register by continuous process and authorities tend to blame the Government of Tamil Nadu for not issuing suitable amendment to the act. The Central Council for Homoeopathy constantly pursing the matter on the state council to return the certificates. A separate notice also send to all recipients of such certificates
13. The vulnerability had been extended to issue the Impersonated certificates on demised physicians names has reflected evidently through TN Gazette publication dated 2.2.2011 in B class Registry as follows
a. The Registration number 837 B class shows the registry as Dr. R.R. Nagaier, a male physician in the Issue No. 48-B, Wednesday, December 19, 2001, Part VI- Section 1 Supplement page number 73, which had been impersonated to T. Nalini which has been published in the gazette 4B Wednesday, February 2, 2011, Part VI- Section page No. 57, bearing the same registration number 837. The entry belongs to a 27 years old female. T. Nalini W/o. Dr. D. Senthil Kumar whose native is 42/11 Kutchialayam, Panruti, Cuddalore District.

b. Registration number B-8292 Dr.S.K.Sivaprakasam had impersonated to Dr. D. Sivaprakasam. The postal communication proves the Dr. S.K. Sivaprakasam is dead and the personal verification revealed Dr. S.K. Sivaprakasam expired in 1876. His eldest son Ramakrishnan is living in the same house and death certificate was not available. On enquiry it was found that Dr. D. Sivaprakasam is a retired Health Inspector whose house is at Kuterripet, Tindivanam and he has moved to Pondicherry for practice.
c. The Registration number B-8198 of Dr. K. Venkataraman is an impersonation of Dr. C. Venkataraman. And another I recently came to know that 9140 also impersonated
The appearance of impersonated names in TN Gazette clearly shows that illegal certificates had been issued by the Registrar himself. The impersonated certificate recipient B 837 T,Nalini is daughter in law of Dr A Dhandapani , the council member. Hence it amply clear that certain council members also involved in selling the certificate, hence they prevent the publication of medical Register as per law

(A) The Registers of A class depicts that a number of C/o address in the name which contemplates provision the “Place of profession” as per rules indentified reported to the council by revenue authorities from District Collector and Municipal Commissioners and also contemplates section 7 (1) of the Act and Rules 10(8(ii) and 11 (4) The students studying in the colleges in Tamil Nadu are given provisional Registration and permanent registration is given contemplating the provisions of the act even though they live outside the state and given birth to enormous C/O address and also enable them to register in their state council. Thus resulting a defect in constitution by dual registration. All these the authorities preplanned for successive wining by the malpractice in election. The c/o. addresses are willfully made for other state physicians for malpractice in Elections willfully. There are about 301 fake entries reported in the Gazette for A Class practitioners alone. I observed the following as candidate for State Election held in 2011 in A class Registry
(A) Death list-names of dead persons retained: In Class A the following Dead persons names are found. A Random sample list of Expired Physicians found in the Gazette no. 4A dated 02.02.2011 with 1 to 600 resulted as below. More than thousands are expected in Gazette No 4B since more than 70-80 years names are found. During election campaign the contestants reported many letters returned as NO SUCH ADDRESS and there will be deceased in B&C class practitioners also. The following registration numbers found to be dead 129, 131, 146, 171, 203, 268, 340, 365, 411, 592.
(B) The Issue No 4A dated 2-2-2011 and the register of Registered Medical practitioners published on 27-7-2011 issue number 27A with total number of valid voters 4072 for the A class contestants. It also found many care off addresses which is against the Rule 11 and form VII which requires place of profession. Many registrations had been offered to other state candidates endorsing c/o address in Tamil Nadu State purposely to capture the votes and do all malpractice. The following Registration numbers are found as C/O address, which are found on the same name same address 83, 95, 102, 124, 126, 147, 150, 161, 251, 269, 317, 325, 361, 433, 447, 553, 626, 710, 743, 746, 810, 813, 814, 815, 823, 824, 827, 847, 848, 864, 896, 930, 931, 933, 948, 949, 952, 959, 963, 966, 967, 970, 974, 1003, 1032, 1039, 1040, 1041, 1110, 1147, 1180, 1202, 1227, 1228, 1231, 1286, 1350, 1386, 1389, 1455, 1511, 1540, 1543, 1548, 1552, 1584, 1593, 1599, 1650, 1660, 1666, 1677, 1682, 1718, 1733, 1740, 1741, 1750, 1770, 1783, 1789, 1804, 1808, 1841, 1896, 1900, 1908, 1920, 1922, 1941, 2042, 2052, 2059, 2100, 2118, 2121, 2128, 2129, 2189, 2191, 2192, 2241, 2242, 2263, 2289, 2294, 2313, 2315, 2319, 2330, 2332, 2339, 2360, 2363, 2378, 2379, 2383, 2385, 2399, 2422, 2432, 2433, 2434, 2437, 2446, 2451, 2454, 2469, 2472, 2475, 2479, 2480, 2481, 2482, 2483, 2484, 2493, 2505, 2590, 2617, 2622, 2632, 2643, 2657, 2677, 2686, 2699, 2700, 2709, 2712, 2713, 2714, 2718, 2720, 2721, 2722, 2726, 2729, 2756, 2865, 2873, 2874, 2875, 2876, 2877, 2878, 2920, 2922, 2923, 2935, 2955, 2958, 2984, 2988, 2990, 2993, 2994, 2995, 2996, 2997, 2998, 2999, 3001, 3002, 3003, 3005, 3009, 3010, 3011, 3019, 3020, 3024, 3025, 3026, 3039, 3049, 3050, 3051, 3209, 3212, 3215, 3229, 3233, 3239, 3245, 3256, 3257, 3258, 3290, 3300, 3301, 3318, 3319, 3320, 3321, 3324, 3326, 3338, 3354, 3366, 3367, 3379, 3405, 3410, 3418, 3421, 3424, 3426, 3464, 3465, 3467, 3468, 3469, 3470, 3471, 3472, 3474, 3477, 3478, 3479, 3480, 3483, 3485, 3487, 3488, 3489, 3490, 3491, 3492, 3493, 3494, 3495, 3496, 3501, 3502, 3503, 3504, 3516, 3522, 3542, 3556, 3567, 3568, 3569, 3577, 3579, 3580, 3581, 3582, 3583, 3584, 3585, 3586, 3587, 3596, 3602, 3623, 3624, 3625, 3635, 3638, 3648, 3652, 3653, 3654, 3662, 3665, 3670, 3673, 3674, 3692, 3695, 3701, 3715, 3716, 3717, 3718, 3719, 3721, 3727, 3734, 3863, 3872, 3876, 3883, 3897, 3908, 3924, 3928, 3958, 3970, 3973, 3974, 3978, 3979, 3990, 3999, 4005, 4006, 4007, 4008, 4009, 4018, 4018, 4020, 4046, 4053, 4056, 4084, 4086, 4087, This illegal addresses were used by the candidates to collect the ballots
There are some institutions and other fake address are also found which is difficult to trace however are the entries in the name of Saradha Krishna Homeo Medcial College, Kulasekharam, K.K. District, Pin – 629 161, registration numbers are :-440, 717, 1193, 1271, 1441, 1625, 1638, 1639, 1833, 1834, 1835, 1836, 1837, 1838, 1857, 1862, 1905, 1906, 1907, 1990, 2134, 2135, 2150, 2151, 2371, 2372, 2373, 2413, 2701, 2892, 2899, 2902 and 3574. Some more physicians also registered their names eventhough they are practicing in outer states for instance 2827, 2843, 2848, 2838, 2840, and 2842. It is against the form VIII under Rule 11(1) in which the place of profession is furnished by the District and City authorities. The Gazette publication 4B dated 2-2-2011 for B and C Class nit accountable since the ballots returned in thousands

14. The authorities update the Register by several Advertisements in News papers against the provision of the act and issued the Registration certificates affixing photo with identity Card without publishing the Medical Register in TN Government Gazette to create an opinion among practitioners. The power conferred under the Section 16 (1) to authorities had been misused to issue of illegal impersonated certificates as observed in the Gazette publication 2.2.,2011 without publishing the Medical Register
15. I humbly state that the authorities know that truth on illegal certificates by revenue officials in District Collectorate who issued the certificate of practice for the B and C classes hence they created a fake record of service by sending A class list only few District collectorates and suppress all truth stating that not responding. In fact the provisions state under 11(3) the Gazette published in TN Government Gazette should be forwarded to the local Authorities
16. When the provisions are clear in updating the Medical Register by act and Rules framed by the Government ,the authorities still purposely create a false “ Procedural Delay by Local Authorities “ and trying to divert the attention and blame the Government saying renewal is pending , their mistakes in Shifting C to B is not ratified by the Government. This existing procedure for updating the Medical Register is ignored since the Registers are polluted with illegal entries and impersonations.
17. I came to understand the authorities in power are trying to update by abuse of council resolution to update the Medical Register based on REGISTERS in which the fake entries have been made and trying to misuse the Government Order to implement 2D bar code by issuing new certificates. I state that only LAST EDITION OF MEDICAL REGISTER ALONE EVIDENCE OF REGISTRARTION. Hence it legal only the entries made out in issue no 21-A,Supllement to Part VI section 1 dated 31.5.1978 is lawful and the entries published in TN government Gazette for A class periodically becomes legal document for Indian evidence Act
18. I came to know that present authorities likely to thrown an Advertisement in news paper and separate intimation as usual calling for “LIFE CERTIFICATE” attested by the tainted members to suppress simply by a resolution abusing the powers conferred under the act. I state that it not lawful to call for another irregularity “Life Certificate”, when the amendment for renewal, proposal to amend their mistake by Shifting C to B class is pending with the Government. I state that no change in permanent REGISTRATION NUMBER OF ANY MEDICAL PRACTITIONER is effective unless the Government passes suitable amendments accordance to Section 34 of the TNHSMPH Act 1973.
19. Hence I request you to republish the issue no 21-A,Supllement to Part VI section 1 dated 31.5.1978 for B and C Class practitioners and Circulate them to the District Collectors and Municipal Commissioners as per provisions of the Act and report on the particulars of the practitioners and Death Report. I also emphasis that “ Certificate of Regular Practice “ was issued by the District Collector and hence the geniuses can be verified and illegal entries will be screened. The gazette already published based on the District wise sorting information
20. I request you all published medical entries of A class in TN Government Gazette as sorted on District wise and Send to the District Collector and Municipal Commissioners/ Corporations to report on the details of each practitioner, place of profession and also report on death as per provisions of the Act
21. I request you publish the Medical Register transparently based only on the report from by District Collector and Municipal Commissioner and publish every year in the month of February as per Rule 11(3) distributing the Gazette to local authorities. The security measures like 2D bar code to the certificates, photo identity , thumb impression and details of the practitioners in internet shall be exercised with previous sanctioning of the government by sub section (1) and (2) of the Section 35 of the TNHSMPH Act 1971
22. Therefore I kindly request you to enforce the provisions of the Act without any hindrance of any member, resolution of the council to publish the MEDICAL REGISTER in TN Government Gazette and furnish the Medical Register to the Returning officer to conduct the election for the Members of Central Council for Homoeopathy expeditiously and make this Medical Register as per Indian evidence act 1872.