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Nov 2013|Volume 10|Issue 11
 
Nov 2013|Vol 10|Issue 11


LEGAL CORNER
 
TN Council revolves round Court cases

 

      The Tamil Nadu Homoeopathy Medical council faces many cases in the Court, challenges had been launched on illegal entries in the Registration of Medical Practitioners, malpractice in election and appointment of Registrars of the council and non compliance of the provisions for updating the Medical Register .The council faces around 7 cases in the Madras High court and two cases in civil court. A petition on criminal side also filed to investigate impersonation and misuse of funds of the council.

      The petitioners state that Registration of Medical practitioners is the Key functioning of the council and the Registrars are responsible for Registration, updation of the Medical Register. According to the Tamil Nadu Homoeopathy system of Medicine and Practitioners of Homoeopathy Act 1971, the council has three types of Registration A, B and C Classes. The trained physicians from the colleges are registered under A class. Experienced registration for B and C classes were given and stopped as on 4th May 1976. About 15,196 practitioners received experience based registration and the Medical Register was published in 1978. The A class registration is continuing. According to the act the last edition of the Medical Register published in Tamil Nadu Government Gazette alone is the evidence of Registration.

      It is the prime duty of the council to update the Medical Register every year and send to the District Collector and Municipal Commissioners to report every physician on their professional places and report the death of practitioner to the council. This procedure was not carried out every year for all types of Registration. In 1985 Council shifted C Class practitioners to B Class violation the provisions of the act.

      The Central council of Homoeopathy questioned the state council for not updating the Register, not deleting the death physician’s names from the Register and Shifting of C to B Class violating the Act. Nearly 17 letters had been sent

      The petitioners had raised doubt stating that the age of the experience based practitioners were between 35 to 45 years during registration, despite the fact that by adopting a normal life span of a person there can only be about 2000-3000 persons alive. The petitioners blamed that the vested interest for illegal entries, Impersonations, malpractice in election and keep the strength above 10,000 to represent two members from the state to represent Central council of Homoeopathy, New Delhi

      The petitioner Dr.R.Gnanasambandam, former president of the council stated that executive committee of Central council of Homoeopathy had a discussion with me and former Registrar pertaining to the all issues during his tenure. The council decided to withdraw the C to B Registration, update the Medical Register by an advertisement and separate intimation before conducting the state council election in reference to specific complaints also.

      After my tenure the Thiru. C Soundararajan , the Registrar i/c carried out the deescion of the council and published an Adertisement in News Paper on 22.03.2010 inviting the all registered medical practitioners of the council to update the address and individual intimation also done.

      Dr.G.P. Hahnemann, incumbent President and Thiru C. Soundarajan changed the previous decision of the council by a resolution passed over in meeting on 14-1-2011 to conduct the election by using the last published old Medical Register for state Election.

      The Election was conducted violating the provisions of the Act and Rules and vitiated to use the old Register. In accordance to the provisions the Electoral Roll is based on the Medical Register that published every year. The last published Register alone is evidence of Registration. The Registrar cum Returning officer Thiru. C. Soundarajan Straight away conducted the election notification by an advertisement violating the publication of Preliminary Electoral Roll in the Tamil Nadu Government Gazette. Gazette dated 2-2-2011 was not published as on date only on 27th July 2011. The final Electoral was not published. The precept six months before the conduction of election also not published in News papers . Courier votes accepted in bulks violating the provisions of the act.

      The gazette publication suffered from impersonations, illegal entries, several C/o addresses against the provision and publication of Medical Register and willful registry of 14117 practitioners list in experience based practitioners. More over the Registrar Thiru. C. Soundarajan himself registered as doctor in 1983 violating the provisions of the Act.

      Based on this irregularities election had been challenged in the court. The appointment of Registrars of the council without government approval , professional misconduct of president and some members also filed in the court , Medical Register update in accordance to law also chained up to revolve the council.

      The petitioners say that many illegal entries had been made on demised physicians, hence the president and Registers and members hesitate to publish the Medical Register and send to the collector and commissioners and cross check their first entry. Petitioner blamed that only officers retired from government service, from Secretariat had been appointed as Registrar of the council so far. The former Registrars, president and some members have willful inhibition to prevent all and commit offenses continuously abusing their power.