HC to Bihar govt: Submit report on steps taken by panel formed for setting up para-medical council

TNN | Nov 7, 2019, 07.23 PM IST

PATNA: The Patna high court on Thursday granted four weeks to the state government for filing report on action taken by a four-member committee for formulating the rules and regulations for establishing a para-medical council at state level. The court also observed that enough time had already been granted to the state for formation of the council.

The direction was given to the state after it submitted a supplementary counter-affidavit apprising the court about a four-member committee which was formed by the health department on October 3 for preparing draft notification for constituting the para-medical council.

The state government also submitted that the committee was working actively to finalise the necessary draft for constitution and functioning of the council and four weeks be granted to file a reply.

The order for submitting a report on action taken by the committee was given by a division bench of Chief Justice Amreshwar Pratap Sahi and Justice Ashutosh Kumar while hearing a batch of four PILs including one filed by Indian Association of Pathologists and Microbiologists, where court was urged to direct the concerned officers for taking action against all those pathological laboratories which were running against the rules and regulations under Clinical Establishment (central government) Rules, 2012, which was amended last year.

It was during hearing on this issue that court had asked the state government over the situation for forming a council which would act as a regulating body for para-medical staffs as well as technicians working in such laboratories.

The four-membered-committee was formed by the health department only after the same division had asked the state government that what actions were taken for formation of the state para-medical council on September 19. The court had granted six-week time to the government for filing a reply on the matter.

Along with submitting action taken report, the court on Thursday also directed state government to file reply within four weeks on an interlocutory application (IA) filed by a private pathological laboratory at Gaya that how it was declared as one running illegally.

The petitioner had pleaded that the report submitted by the state government over legal and illegal laboratories was not in accordance with the Centre’s guidelines and they were not provided opportunity to produce any document proving that laboratory was running in accordance with the law

MBBS student, MBA graduate among three suicides reported

TNN | Nov 16, 2019, 04.58 AM IST

Nagpur: Three suicides, including one of an MBBS student and another of an MBA graduate, were reported at different locations in the city on Thursday. 

After registering the cases as accidental deaths, police have started investigations.

In the first incident, Jajzlan Kazi, 21, who was a second year student of MBBS at Indira Gandhi Medical College and Hospital (IGMCH), hanged himself from a hook on the wall in his study room at his Ayappa Nagar residence on Thursday.

This was the second case of suicide by an MBBS student in the recent past.

On Friday, the atmosphere at the IGMCH mortuary was emotionally charged with classmates and teachers offering their condolences to Kazi’s relatives.

After returning from namaz in the afternoon, Kazi went straight to his room around 2pm and took the extreme step, a relative told TOI.

Kazi’s father Jawed Hussain, a lab assistant at a college in Gandhibagh, said, “I left for work in the morning and after that, went to IGMCH to deposit Kazi’s fees. As the clerk was not in his seat, I went home and learnt that Kazi is in his room since afternoon. I knocked at his door, but he didn’t respond. I peeped from the rear window of his room and saw something suspicious. My wife thought that he was sleeping but I insisted that the door be broken and when we did that, we found our son lying dead. I still can’t understand why he took such a drastic step. He should have at least spoken to us if he was going through any problem. My son was a bright student.”

Kazi’s last rites were performed on Friday in the presence of his family, relatives and friends.

In another incident, Mrunali Dongre, 24 committed suicide on Thursday by hanging herself just days after her parents started looking for a groom for her.

Mrunali, an MBA in finance and marketing, was found hanging from the ceiling fan in her bedroom in Bhilgaon.

Cops said when Mrunali’s parents asked her for her preference regarding the groom, she did not respond. Though no suicide note was found at the spot, cops have taken Mrunali’s phone into custody to investigate the case thoroughly.

In the third incident, Priya alias Avni Chudaman alias Deshmukh, 32, committed suicide by hanging herself at her home when she was alone. Priya took the extreme step when her father-in-law had gone to bring his grand children from school.

Cops said the reason behind the suicide is still unknown. No note was found from the spot.

2012 batch KGMU intern sexually harasses junior in library, booked

TNN | Nov 16, 2019, 06.43 AM IST

LUCKNOW: An MBBS intern of 2012 batch in King George's Medical University (KGMU) was booked on charges of sexually harassing a junior in the central library of the university. Though the incident took place on Tuesday, the FIR was lodged by the university chief proctor on Thursday. 

This is the third incident of harassment or violence involving KGMU students in which a complaint with the police was lodged in this academic session so far.

According to the FIR, the accused harassed a group of juniors in the 24-hour central library study hall at around 9.40pm on Tuesday by misbehaving with them and throwing away their belongings. One of the juniors, a 2014 batch girl student, alleged that the accused also touched her inappropriately. She said that the accused first made an attempt to talk to her but when she refused, he touched her with wrong intentions. The group then informed senior faculty members and chief proctor. They also claimed that the accused had harassed them and other batch mates earlier as well.

The junior students also lodged a written complaint with the chief proctor, who later registered an FIR.

Chief proctor RS Kushwaha said, "Both female and the male students complained about how the accused harassed or assaulted them. Since the behaviour of the accused person was inappropriate, we have lodged the complaint with the police who will investigate the case and based on their findings, will take necessary action. The accused is currently working in the forensic department and his entry in hostels and library has been barred."

"The librarian has been instructed to allow entry to only those who have a valid pass," he added. SHO, Chowk, Pankaj Singh said, "We are recording the statements of the eyewitness of the incidents and the victim, following which we will take action against the accused."

(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)

சென்னை பல்கலை பட்டமளிப்பு விழா

Added : நவ 15, 2019 23:06

சென்னை : சென்னை பல்கலையின், 162வது பட்டமளிப்பு விழா, வரும், 19ம் தேதி, பல்கலையின் நுாற்றாண்டு விழா அரங்கில் நடக்க உள்ளது. பல்கலை வேந்தர் பன்வாரிலால் புரோஹித் தலைமையில் நடக்கும் விழாவில், உயர்கல்வி அமைச்சர் அன்பழகன் பங்கேற்கிறார்.மத்திய தோல் ஆராய்ச்சி நிறுவனத்தின் முன்னாள் இயக்குனர் ராமசாமி, சிறப்பு விருந்தினராக பங்கேற்கிறார் என, பல்கலை செய்திக் குறிப்பில் கூறப்பட்டுள்ளது.

High Court rules quota cannot outweigh merit in govt job promotion

Thus, the contention raised that neither the rule nor the Act has been challenged cannot be countenanced because they do not provide for such a procedure.

Published: 16th November 2019 06:38 AM 

Madras HC (File | EPS)

By Express News Service

CHENNAI: A division bench of the Madras High Court on Friday ruled that a reserved candidate having secured lesser marks than other meritorious ones, cannot supersede them by getting into the general turn, for which procedure is not even contemplated either in rules or in the law.

Article 16 of Constitution cannot be invoked to justify the case of a less meritorious candidate being fitted into a general turn though others are in queue. Such a procedure is totally arbitrary to say the least. 

Holding that the roster point system adopted by government in fixing seniority of government servants is nothing but an indirect way of providing reservation even beyond 69 per cent, a bench of Justices M M Sundresh and RMT Teekaa Raman declared Sections 1(2), 40 and 70 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 as ultra vires and unconstitutional.

The bench was passing final orders on a batch of writ petitions from engineers in State service praying, among other things, for a directive to authorities to prepare the seniority list for promotion only as per merit and marks obtained in the exams by the Tamil Nadu Public Service Commission, without following the rules of reservation.

The bench said a procedure, which is being followed contrary to rule, cannot be approved by the court, especially when it affects the rights of the citizen. Section 27(d) of the Act and Rule 22(b) merely provide for meritorious reserved candidates to adopt for reserved category when it confers better benefit. However, a reserved candidate, having secured lesser marks than other meritorious ones, cannot supersede them by getting into the general turn.

Thus, the contention raised that neither the rule nor the Act has been challenged cannot be countenanced because they do not provide for such a procedure.

In this case, the State has taken umbrage under Article 16 (4) of Constitution to get over the court dictum. However, the Constitution Bench of the Supreme Court had already held, which was taken note of by other decisions, that Article 16 (4) does not authorise such an action unless there is an express provision like the one introduced by way of 77th and 85th amendments to Article 16 (4A). As it is an express statement of law, the judges said they are constrained to hold that the State does not have the power, authority or cachet to introduce the impugned provisions tracing Article 16(1) and 16(4) as their source of power.

HC modifies directions on bribe as advisory 

Case relates to a charge against Kanniyakumari policeman

16/11/2019 , B. Tilak Chander , Madurai

The Bench of the Madras High Court on Friday modified a single bench order giving a series of directions to the Home Department and Director General of Police with regard to taking action against police personnel who indulged in collection of mamool or bribe.

A Division Bench of Justices T.S. Sivagnanam and R. Tharani modified the directions as an “advisory,” which shall be taken in the right spirit.

The court said that the directions were passed in a writ petition pertaining to a service matter and not a public interest litigation petition. The observations made were beyond the scope of the prayer in the writ petition, the court said.

The single bench had directed the Home Department and the DGP to issue consolidated instructions to authorities competent, to register criminal cases against the demand and acceptance of bribe under the provisions of the Prevention of Corruption Act and the Indian Penal Code.

The single bench passed the set of directions while hearing the petition filed by a policeman M. Ramasamy. He was issued a charge memo after a complaint was made against him for collecting bribe during a routine vehicle check on a highway in Kanniyakumari district.

An inquiry was conducted and the charges against him were proven. However, he claimed that he was innocent and sought to quash the order. The single bench refused him the relief. He filed an appeal against the single Bench order. Refusing him the relief, the Division Bench modified the order of the single Bench.

‘Govt. not to entertain women in Sabarimala’ 

It has decided to wait for verdict by larger SC Bench on review pleas

16/11/2019 , N.J. Nair , THIRUVANANTHAPURAM

Awaiting opinion: The Ayyappa temple at Sabarimala will open on Saturday for the annual pilgrim season.LEJU KAMAL

The Kerala government has decided not to allow women in the menstruating age group to visit the Sabarimala Ayyappa temple and to wait till a seven-member Bench of the Supreme Court takes a final call on a batch of review petitions referred to it for final scrutiny.

The government decision on Friday came after legal opinion offered by Advocate General C.P. Sudhakara Prasad.

The Supreme Court decision on Thursday to refer major components of its September 28, 2018, verdict granting unrestricted entry for women of child-bearing age to the temple for another review, has offered the government the leeway to defer imposition of the earlier judgment.

While hearing the review petitions in October 2018, the Supreme Court explicitly stated that the verdict stands and has not been stayed, but no such specific mention has been made as part of the latest decision. Hence, it has been resolved to wait for a final decision, government sources said.

The CPI(M) State secretariat that met here on Friday adopted a complementary stance and resolved against granting entry to women to the temple. Since many crucial components of the September 28, 2018 verdict had been referred for review, it was felt that the government should not allow women to the hill shrine, party sources said.

It has been clarified that the party has not diluted its stance on gender equality and will stick to its stand to abide by the court decision on the issue. The latest decisions of the government and the political leadership have eased the pressure on the Travancore Devaswom Board (TDB), which manages the Sabarimala temple.