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Sep 2013|Volume 10|Issue 9
Sep 2013|Vol 10|Issue 9

Legal Corner
Interim Stay on TN faculty Election

          The central council for Homoeopathy is the supreme body which controls the colleges in India. The members of the council are represented by election among the practitioners of every state, faculty of the university and also nomination by the union government.

       Dr.N.V.Sugathan, Professor, Saradha Krishna Homoeopathy Medical college is representing the Dr M.G.R.Medical University in Tamil Nadu under court order. Hon’ble court of Madurai Bench of Madras granted an order of an interim stay for the conduction of election and continues as member of the university. (W.P. (MD) 6572/2011).

       He stated in his affidavit that I had been elected to represent the university in 2008 and again I was nominated as faculty member 2010 for a period of three years. The university registrar also intimated the faculty list to the deputy advisor, however the deputy advisor wrote letter to the university to hold the election, even he is continuing as member of the faculty without break. He stated that fresh election for central council of Homoeopathy as per the section 3(1) (b) of HCC act 1973 will not arise. He also stated that according to Sec 3(7)(1).

       The president, Vice president or a member of Central council shall hold office for a term of five years from the date of election or nomination, as the case may, or until his successor shall have been duly elected or nominated , whichever is longer.

       Dr.N.V.Sugathan also pointed out on the court directions with reference to his earlier petition W.P (MD) No 14850 of 2010.

       Hon’ble Justice K.Ventaraman after hearing passed interim stay orders over proceedings by the Deputy Advisor to conduct election and retained Dr.N.V.Sugathan as member of the council representing the university.

       Now the tenure was over on and university appointed the faculties. Dr. Bhuvaneswari, Principal, Government Homoeopathy Medical College has been appointed as president of the faculty. The university also nominated Dr.Suseela Rufus and Dr. Shamugavadivel, RVS Homoeopathy Medical College, Dr.C.K.Mohan and Dr.Murugan Saradha Krishna Medical College, Dr.Nagendra babu, Sairam Homoeopathy Medical College, Dr.G.Kannan,Shivaraj Homoeopathy Medical College and Dr.Bindu,Martin Homoeopathy Medical college as faculty members. Now the new faculty is moving towards election to elect one among the faculty member .

       Earlier, Dr.S.R.Radhakrishnan, Dr.V.C.Vydhilingam principals of Government Homoeopathy Medical College served as CCH members, later Dr.K.Kannan and Dr N.V.Sugathan represented. Dr.N.V.Sugathan could continue as Member of CCH, until another successor is elected from the faculty. Meanwhile the Union government may order on receipt of notification of faculty from university to elect, vacate the interim order passed over by the Madurai Bench of Madras High court