Doctor, transgender and scientist among awardees

Doctor, transgender and scientist among awardees

TIMES NEWS NETWORK

16.08.2021

Fight back discrimination and overcome hurdles. That was the message from Grace Banu to her community after receiving the state’s best transgender award from chief minister M K Stalin on the 75th Independence Day on Sunday.

“The transgender community is facing discrimination in everyday life. Though the government is extending welfare schemes, the lack of awareness and support is undoing it. Several transgenders are trying to come up in life, but several systemic hurdles deny them opportunities,” the 30-year-old engineering graduate from Tuticorin told TOI.

Grace was pivotal in the passing of the court order that allowed transgenders to appear in the TNPSC examination.

The CM presented Dr Kalpana Chawla Award for courage and daring enterprise to Dr P Shanmuga Priya, a medical officer in Annuppanadi primary health centre in Madurai, posthumously. “It would have been a joyous occasion if my wife had been alive,” said P Shanmugam, Shanmugha Priya’s husband, who received the award. The government had conferred the award “in appreciation of her brave, courageous and selfless service” during the pandemic.

Dr Shanmuga Priya, who was pregnant, tested positive for Covid-19 on May 1 and succumbed on May 8.

Veteran Communist leader and freedom fighter N Sakaraiah was honoured with Thagaisal Thamizhar Award for his contribution to society. The CM called on the veteran leader at his residence on Saturday and presented the award.

Prof M Lakshmanan of the department of Non-linear Dynamics, school of Physics, Bharathidasan University, Trichy, has been awarded Dr A P J Abdul Kalam Award for single-handedly forming an active research group of young scientists of international standard in non-linear dynamics.

The CM also presented the Covid warrior medal to 33 frontline workers from six departments for their service during the pandemic.

Working on combo of Covaxin, nasal vax: BB

Working on combo of Covaxin, nasal vax: BB

16.08.2021

Bharat Biotech is working on a combination of Covaxin followed by a nasal vaccine that if administered can act as a booster dose, according to its chairman and managing director Dr Krishna Ella. While Covaxin was found to be significantly effective against the Delta variant, the Centre will take the final call on whether there is a need for a third dose of Covaxin to enhance the immune response, Ella said at the TIMES NOW India at 75: The Freedom Summit.

The company expects significant data on the combination in the next two months which can then drive the future course of action based on regulatory approvals and policy decision regarding booster shots.

“We are working on a combination of Covaxin followed by nasal, so that Covaxin primes the system of innate immunity and then the boost by the nasal which produces three immune responses – the IGG, the IGA and then mucosal immunity. All three immunities are powerful and can protect a person from getting infected,” Ella said. According to Ella, if the nasal vaccine works out well, production capacity is also likely to double. At present, Bharat Biotech is supplying around 2 crore to 2.5 crore doses of Covaxin per month, which is projected to increase to around 5.8 crore doses over the next few months.

Garbage, bad roads ail Pozhichalur

Garbage, bad roads ail Pozhichalur

Groundwater Has Become Polluted

TIMES NEWS NETWORK

Chennai:16.08.2021

Pozhichalur, a neighbourhood of around 50,000 people, is just a12-minute drive from the airport. But years of neglect and an almost defunct local body have made the place unliveable, say residents. In spite of repeated petitions to the state government, the roads are in terrible shape, groundwater is polluted and sewage is let out into a pond, they complain. Governed by a village panchayat, Pozhichalur comes under Chengalpet district.

Mano Bala, a resident, said that most of the roads remain unpaved and the quality of groundwater is not good as sewage seeps in. “There are no storm water drains. The rainwater flows off to the side of the airport because of the slope of the terrain,” he said. Several people had moved into the loaclity because of its proximity to the airport, but many have also sold their houses and shifted out dye to the appalling civic conditions, he added.

Kumaran S from JJ Nagar said that the groundwater was black due to sewage seepage. “Houses that have come up near a pond let out sewage into it. The panchayat officials warn the people but they do not take action against the violators,” he said.

Bala said several people had fallen and got injured because of the bad roads. “My father fell from his motorcycle and could not walk for several months because the roads are not paved,” he said.

The residents had filed a petition to the CM’s cell recently as there had been no improvement in the civic amenities over the last few years. Nothing much had changed since they first petitioned the government more than four years ago.

Nothing much had changed in the area since TOI covered the issue in 2018.

K P Subramanian, former professor of urban engineering at Anna University, said Pozhichalur may need special attention because haphazard development may take place because of speculation in land value increase as it is closer to Chennai corporation limits. “Unless it is corrected in the beginning by offering basic infrastructure, it will be difficult to regulate later,” he said. The condition can improve if Tambaram is made into a corporation, he added.

Senthil Arumugham, who contested from Pallavaram in the assembly election, said a lot of housing development had happened in Pozhichalur though it is a panchayat. “There are no elected local representatives. People do not have a platform to air their grievances.”

YEARS OF NEGLECT: Unpaved roads lined by garbage at JJ Nagar near Pozhichalur in Chennai

Ex-IAS officer is adviser to TN e-Governance Agency

Ex-IAS officer is adviser to TN e-Governance Agency

TIMES NEWS NETWORK

Chennai:16.08.2021

The state government has appointed former IAS officer P W C Davidar as adviser (digital and simplified governance) to Tamil Nadu e-Governance Agency. The state government order said Davidar was being roped in based on the request of chief executive officer of TNeGA that a senior person having administrative experience of handling various departments of government may be appointed as the adviser on digital and simplified governance.

The appointment comes in the wake of an increased thrust on e- governance and digitisation of the functioning of government departments. The order recalled that TneGA is aimed at offering services in ‘anytime, anywhere model,’ to citizens. This entails transformation of government processes, migration of paperbased file processing to e-office, creation of e-dashboards and decision support systems for increased efficiency.

J&K HC | Statutory rules or executive orders would override an advertisement by Service Selection Board

J&K HC | Statutory rules or executive orders would override an advertisement by Service Selection Board

CASE BRIEFS  HIGH COURTS

Published on June 18, 2019By Devika Sharma

Jammu & Kashmir High Court: Ali Mohammad Magrey, J. while dismissing the present writ petition directed the respondent Service Selection Board to proceed ahead with the selection process in accordance with a communication dated 03-08-2018.

The facts of the case are that in the year 2015, a requisition was sent by the Director for direct recruitment of vacancies to the Service Selection Board (the Board) for the post of Junior Anesthesia Assistant, for which qualification was “10+2 with Science and Diploma in Anesthesia Technology from SMF or any other recognized Institute” for the districts Baramulla, Pulwama, Budgam and Kupwara. On the basis of these requisitions, the Service Selection Board advertised the posts of Junior Anesthesia Assistant on 02-12-2015.

On 18-12-2015, the Directorate of Health Services informed the Secretary to Government, Health & Medical Education Department that due to an error the qualification for the post of Jr Anesthesia Assistant was incorrectly mentioned. On 26-03-2012, by a Government Order (GO), it was communicated that the correct qualification is 10+2 with Diploma in Anesthesia/ Operation Theatre Technology; however, degree holders in Anesthesia/ Operation Theatre Technology would be preferred. Thereafter, by this order Board allowed the candidates to participate in the selection process. Years later, on 30-12-2018, a provisional selection list was notified on the basis of the Government Order dated 26-03-2012. Aggrieved by this notification, petitioners filed a representation before the Government which was forwarded to the Board. For clarification, the Director-General, Health services informed the Government that the qualification as per the GO dated 26-03-2012 be taken as the qualification for the said post. The Board was instructed/communicated dated 29-06-2018 to first appoint applicants who hold Diploma in “Anesthesia Assistant Technology” and if seats are not filled then the ones who have Diploma in “Operation Theatre Technology”. This communication was stayed by an order of the Court dated 04-07-2018. The Government withdrew its communication dated 29-06-2019 and instructed the Board on 03-08-2018 to start making selections by Government Order dated 26-03-2019. It is the last communication dated 03-08-2018 which has been questioned by the petitioners and seek a ‘Writ of Mandamus’ commanding the respondent Board to give effect to the notice dated 30-12-2017.

The respondent/Service Selection Board after stating the facts pleaded that the power to make selections is conferred to them by law. It was also contended by the Board that its sole work is to recruit therefore it cannot add or subtract any qualification and that a list of qualifications for a post is the prerogative of the concerned department/State and the Board has no role in laying down of qualification for a post.

It is well settled that prescribing qualifications is regulated by rules and regulations governing the field, however, in absence of such recruitment rules, the Government has the powers to notify the qualification by virtue of executive orders.

The post of Junior Anesthesia Assistant has no place in the J&K Non-Gazetted (Sub-Ordinate) Service Recruitment Rules, 1992, therefore, the Government came up with the notification through an executive order.

In the cases Malik Mazhar Sultan v. U.P. Public Service Commission, (2006) 9 SCC 507 and Ashish Kumar v. State of UP, (2018) 3 SCC 55 it was declared that in case variation between advertisement and statutory rules occurs, statutory rules would take precedence.

After taking note of the above facts and law laid down in the above cases, the health department directed the Board to make the selection as per the GO dated 26-03-2012.

The Court dismissed the petition for having no merit. [Javid Ahmad Mir v. State of JK, 2019 SCC OnLine J&K 542, decided on 03-06-2019]

Government Orders Cannot Override Statutory Rules: HC

Government Orders Cannot Override Statutory Rules: HC

Published: 20th October 2014 06:03 AM 

By Express News Service

THE Hyderabad High Court has ruled that executive instructions or government orders cannot override or contradict the statutory rules.

“Where the rules are silent, administrative instructions can be relied upon. The administrative instructions operate when there are gaps in the rules and they are meant for supplementing the rules or legislation,” the court said.

A division bench of the High Court headed by justice KC Bhanu made these observations on a batch of writ petitions challenging an order passed by the Andhra Pradesh Administrative Tribunal in 2010.

As for the case details, the tribal welfare department of the erstwhile AP government issued a GO (Ms No.3 dated January 10, 2000) providing for 100 per cent reservation in appointments to the posts of teachers in schools situated in the Scheduled Areas. The powers vested in the governor under V Schedule of the Constitution were invoked. The said GO was challenged before the tribunal which allowed the petition. Aggrieved over this, some of the tribal teachers filed petitions in the High Court.

Meanwhile, the government issued a memo dated December 19, 2009, saying that the GO would cover the appointment of teachers not only by direct recruitment but also through promotion. The said memo was challenged by the non-tribal teachers working in the tribal welfare institutions, who were expecting promotions to the post of headmaster. The tribunal allowed the application and held that the said GO did not cover the promotion to the post of headmaster.

The petitioners contended that it is the responsibility of the state to see uplift of the tribal people within the Scheduled Areas and that the said GO specifically provides for appointment of teachers in the schools in the above areas by 100 per cent reservation in favour of Scheduled Tribes (STs). Though the post of headmaster is promotional, ‘teacher’ includes headmaster and unless one becomes a teacher, he could not be appointed as headmaster. The notification in the said GO has a overriding effect over the service rules.

On the other hand, the government contended that the appointment of teachers would be made in the vacant posts in the schools of the scheduled areas by way of direct recruitment or promotion as provided under Rule 4 of the AP state and subordinate services rules, 1996. The government said it is competent to issue administrative orders in the field where the same is not covered by statute or statutory rules. The tribunal has not appreciated the relevant material in a right perspective and quashed the memos issued by the government. It urged the court to set aside the impugned order

Afte hearing the case, the division bench said that as per the rules the headmaster can be a teacher, but a teacher cannot be a headmaster.

“Executive instructions can supplement a statutory rule or cover areas to which the rule does not extend but cannot run contrary to statutory provisions or whittle down their effect. Executive instructions may supplement but not supplant statutory rules,” it ruled.

While allowing the petitions, the bench said, “We have no hesitation to hold that the government is well within its competence to issue the impugned memo and the same is perfectly valid and legal. The memo issued by the commissioner of tribal welfare is only consequential proceedings. Though it is stated that GO 3 is prospective, which is contrary to the said GO, which reads that the government considered to re-issue the said orders retrospectively from November 5, 1996 keeping in view the provisions of the V Schedule of the Constitution. Therefore, the impugned order is liable to be set aside”.

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Now, driving tests at night to shorten waiting time

Now, driving tests at night to shorten waiting time

Sidhartha.Roy@timesgroup.com

New Delhi:15.08.2021 

Want to get a permanent driving licence? You may have to wait for a period of two weeks to more than two and half months for a slot, depending on where you live in Delhi. The Delhi government now plans to conduct driving tests at night to shorten the waiting time.

While Regional Transport Offices (RTOs) are on their way out with the Delhi government offering ‘faceless services’ for all transport-related transactions, applicants would still need to visit an automated driving test track to get a permanent driving licence.

To curb the spread of Covid-19, the Delhi government’s transport department has reduced the number of slots offered at test tracks to ensure social distancing. This, however, has resulted in a long waiting period to appear for a driving test in most of the busy zones. If one fails the stringent test at the automated tracks, it means an even longer waiting period.

As on Saturday, August 14, one can get a slot for a driving test on August 28 at the tracks near Sarai Kale Khan (South) and Surajmal Vihar (East II) RTOs. Slots at Mall Road (North) and Sarai Kale Khan (Central) are available on September 9 and 22, respectively. However, at most other busy RTOs, the latest slots are available from October 1to 10 at Rajouri Garden (West II), Mayur Vihar (East), Rohini (North West II) and Vasant Vihar (South West) and as late as October 27 at Loni Road (North East).

“The idea has been in the pipeline for some time now and many discussions have taken place in the department. What is first required to make the automated driving test tracks operational at night are high-mast lights,” a senior transport department official said.

“Apart from sensors on the ground, cameras on high poles also capture the driving test. Both are needed for a computerised analysis and then finding if an applicant has cleared the test or not,” the official stated.

“Very powerful lights are required at the centres to ensure that the cameras are able to capture images as efficiently as they do in daylight. Once the high-mast lights are installed, an assessment can be made of the viability of carrying out driving tests at night,” he added.

At present, driving tests start between 8 and 8.30 am at test tracks and go on till around 2 pm, till all the applicants for the day have given their test. “There will be separate shifts in the near future to cater to more demand while ensuring there is no crowding at test centres. Initially, the timing of the tests will be increased to 8 pm and if possible, even up to 10 pm in the next phase,” he said.

STEP IN RIGHT DIRECTION: The transport department has reduced the number of slots offered at test tracks to ensure social distancing