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Oct 2013|Volume 10|Issue 10
Oct 2013|Vol 10|Issue 10

Legal Corner
TNHMC Registrar Case appeal Dismissed

          Chennai High court dismissed the appeal petition by Dr.G.P. Hahnemann, the president of the Homoeopathy Medical Council and G.Chandra babu challenging the interim stay on Thiru.G.Chandrababu by Dr.R.Gnanasambandam, former president, Tamil Nadu Homoeopathy Medical Council for officiating as registrar of the council.

    Initially Dr.G.P.Hahnemann filed a writ petition W.P 8488/2013 against the order of Government of Tamil Nadu not approving the proposal of the council Thiru G.Chandra babu as Registrar of the council stating that not recording views of the Government representatives Commissioner of Indian Medicine and Homoeopathy and Principle Secretary of Health in minutes of the Council Meeting , insisting the impotence of the persons from secretarial service and also objected that the registrar had been appointed temporarily already conducted the meeting and appointed again as registrar of the council as by another meeting against the natural justice.

    Meanwhile the Hon’ble High Court of Madras issued an interim order on the appointment of Registrar, Thiru G.Chandra Babu to the petition filed by Dr.R.Gnanasambandam, former, president of the council. The honourable Justice Hairparanthaman barded him since the government approval was not granted according to the provisions of the Act and also since he crossed 59 years when he applied for the post pursuant to the Advertisement. In the advertisement, the Age limit was prescribed as 59.

    Dr.G.P.Hahnemann, President and G.Chandrababu Challenging the interim order, the writ appeal petition WA 1373 /2013 came to hearing before Honourable Justice R.K.Agarwal , the acting chief justice and Hon’ble Justice N.Sathyanarayana stating that the registrar Thiru Chandra babu has born on 14.12.2011 and the advertisement was issued on 01.07.2012 and on that date he crossed the age of 59 years has crossed the age of 59 years . The court finds no error or infirmity in the order passed by the Justice. No merit in the writ appeal and same is dismissed and consequently all connected miscellaneous petition is closed. After dismissal of the writ appeal they can pray for early hearing of the writ petition