Plea in HC to allow use of first letter of mother’s name as initial

Plea in HC to allow use of first letter of mother’s name as initial

School insists on first letter of father’s name as initial

25/10/2021

The petitioner says her daughter preferred the first letter of her mother’s name as the initial.

Staff Reporter MADURAI

A woman from Karur district moved the Madurai Bench of the Madras High Court on Friday seeking relief after the authorities of the government school where her daughter was studying had insisted that they should provide the first letter of the father’s name as initial of the girl, despite the fact that all government records carried the first letter of the mother’s name as initial.

The petitioner, M. Pothumponnu of Kadavur taluk in Karur district, said her daughter P. Kaviya was studying in class IX in Kadavur Government High School.

The petitioner said her husband had deserted the family and she was living with her parents. She was taking care of the family and the educational expenses of her daughter.

She said at the time of school admission itself she had provided the first letter of her name as the initial to her daughter and all government records, including Aadhaar card, carried the same.

She said her daughter preferred the first letter of her mother’s name as the initial and not that of her father’s name.

Under these circumstances, her daughter applied for a scholarship examination. But, the school authorities advised her to provide the first letter of her father’s name as initial. She said the authorities had told her that the issue would be raised at the time of class X public examination too.

Justice Senthilkumar Ramamoorthy sought a response from the State. The court adjourned the hearing till October

Over 10,000 health insurance claims of govt. staff rejected

Over 10,000 health insurance claims of govt. staff rejected

Collectors asked to constitute district-level audit teams

25/10/2021

Dennis S. Jesudasan CHENNAI

Over 10,000 claims made by Tamil Nadu government employees and pensioners under the New Health Insurance Scheme during the COVID-19 pandemic, especially between July 2020 and August this year, have been rejected. Since the number of claims rejected is huge, district-level teams have been constituted to audit the claims.

At a meeting to review the cashless treatment provided under the NHIS between July 1, 2020, and August 31 this year, “it was found that around 10,929 claims had been denied for various reasons,” the Commissioner of Treasuries and Accounts informed the Collectors.

The Commissioner asked the Collectors to constitute district-level teams to conduct sample studies of such cases and submit a detailed report before this month-end. The teams will each consist of the chief/senior medical officer, a treasury officer and a staff member of the insurance company. They will also undertake periodical sample studies (every two months) at major hospitals, and send reports to the office of the Commissioner of Treasuries and Accounts.

“Almost every employee has had to fight to get the insurance claims. There are also some inherent flaws in the scheme,” said P. Frederic Engels, State coordinator of the Contributory Pension Scheme Abolition Movement.

He highlighted a specific issue in the implementation of the scheme. Though the scheme was awarded to one company, there are two third-party administrators, he said. While one company had been earmarked for a few districts, the remaining districts had been allocated to another.

“It has been effected with a mere circular. When a government employee is admitted to a hospital in another district while travelling or after an accident, the third-party administrator says the other third-party administrator manages the affairs of that district. This causes an unnecessary burden on the patient. The cashless treatment is never cashless. Reimbursement should not be allowed at all, since it dilutes the very concept,” he said.

There are over 9.33 lakh State government employees and about 7.31 lakh pensioners in the State.

More lockdown relaxations in TN, theatres can function with 100% occupancy from November 1

More lockdown relaxations in TN, theatres can function with 100% occupancy from November 1

So far, all kinds of shops, restaurants and bakeries were allowed to function till 11 pm. This restriction has been removed.

Published: 23rd October 2021 08:00 PM |

By T Muruganandham

Express News Service

CHENNAI: Extending the lockdown for 15 more days from November 1, Tamil Nadu Chief Minister MK Stalin on Saturday announced more relaxations. However, the ban on festivals and political events will continue.

The following relaxations come into force with immediate effect:

So far, all kinds of shops, restaurants and bakeries were allowed to function till 11 pm. This restriction has been removed.

Similarly, at all stadia, both contact and non-contact sports will be allowed.

Swimming pools can be used for therapeutic purposes.

From November 1, the following relaxations come into force:

In all schools, Classes 1 to 8 will be allowed on a rotation basis.

Theatres can function with 100 percent occupancy.

All indoor cultural programmes are allowed. Individual liquor bars can function.

Intra-district and inter-district public transport (ordinary and air-conditioned buses) will be allowed with 100 percent seat occupancy. However, this will not be applicable on buses to Kerala.

All film shootings can take place with a sufficient number of workers. All those engaged in shooting should have been vaccinated.

Anna Management Training Institute, SIRD, Bhavanisagar Officers Training Institute and other government training institutes and centres can function with 100 percent trainees.

Stop 'Fraudulent' Practice Of Recovering Late Fee Imposed On Colleges By Universities From Students: Allahabad HC Directs UP Govt

Stop 'Fraudulent' Practice Of Recovering Late Fee Imposed On Colleges By Universities From Students: Allahabad HC Directs UP Govt: The Allahabad High Court recently directed the Uttar Prad

Foreign Medical Graduates Who Interned In Country Of Study Not Required To Undergo Another Internship In State: Kerala High Court

Foreign Medical Graduates Who Interned In Country Of Study Not Required To Undergo Another Internship In State: Kerala High Court

Hannah M Varghese

23 Oct 2021 3:30 PM

The Kerala High Court has held that a medical graduate from a foreign university who has fulfilled all requisite qualifications as per the norms prevailing in that country to become eligible to be enrolled as a medical practitioner therein, need not undergo another internship in the State to be registered with the State Medical Council to practice Medicine in terms of the Travancore Cochin Medical Practitioners Act, 1953.

Justice P.B. Suresh Kumar directed the State Medical Council to grant permanent registration to the petitioner within two months without insisting her to undergo a compulsory internship when she applies for the same.

However, it was clarified that the Council may persuade foreign medical graduates to undergo internship for diseases and treatments peculiar to the State. It added,

"It is made clear that this judgment will not preclude the State Medical Council from bringing to the notice of the National Medical Commission the requirement, if any, for the foreign medical graduates to undergo internship afresh to get acclimatized with the diseases and requirements of treatment peculiar to the State in order to bring in force appropriate statutory amendments."

Brief Facts:

The plea was filed by Sadhiya Siyad, an Indian citizen who was admitted to the Dubai Medical College for Girls in 2014 and had graduated 2019. She had obtained the Eligibility Certificate as mandated by the Indian Medical Council Act, 1956 to pursue medicine from a foreign institution in the year 2017.

Pursuant to completing her course, the petitioner underwent a one-year internship at various hospitals under the Dubai Health Authority till September 2020. Following this, she cleared the licensing examination conducted by the Dubai Health Authority.

Accordingly, she became eligible to be enrolled as a medical practitioner in the country and was registered as one in November 2020.

The petitioner also cleared the Screening Test under Section 13(4A) of the IMC Act to become eligible to be enrolled in a State Medical Register in India as well.

According to the petitioner, she is entitled to practice medicine in India and thereby preferred an application in the State for provisional registration.

However, the State Medical Council directed the petitioner to file an affidavit to the effect that the provisional registration will only be used for completing Compulsory Rotatory Residential Internship (CRRI) in any institution approved by the Medical Council of India.

The petitioner's case was that since she has already undergone an internship in the country of education as part of the medical course undertaken by her, she is entitled to permanent registration straightaway in the State.

On that note, as soon as she received her provisional registration, the petitioner instituted a writ before the Court seeking a direction to the State Medical Council to grant permanent registration to her.

Observations of the Court:

The questions before the Court were:

Is a person who has not undertaken an internship as part of the medical course undertaken by her abroad eligible to appear in the Screening Test provided for under Section 13(4A) of the IMC Act?

Regulation 11 provides that candidates who qualify the Screening Test may apply to any State Medical Council for provisional or permanent registration and the State Medical Councils shall issue provisional registration to such candidates, who are yet to undergo one-year internship in an approved institution and issue permanent registration to such eligible candidates who have already undergone one-year internship, as the case may be.

The Court found that this shows that internship is not insisted for appearing in the Screening Test and that the only requirement for appearing in the Screening Test is that the candidates should possess a primary medical qualification as defined in the Regulations.

Since the State Medical Council did not have a case that the petitioner did not possess a primary medical qualification, it was held that the stand of the Council that only students who have completed an internship as part of the medical course undertaken by them in the medical institution abroad are entitled to appear for the Screening Test is unsustainable.

Can a person who obtains an Eligibility Certificate in terms of Section 13(4B) of the IMC Act after taking admission in a medical institution abroad, be denied enrolment on a State Medical Register if she satisfies all other eligibility criteria for the same?

The State Medical Council has no case that the petitioner would not have been issued the Eligibility Certificate, had she applied for the same before taking admission for the medical course in the medical institution abroad.

In the circumstances, it was found that the stand of the State Medical Council that the qualification obtained by the petitioner cannot be regarded as one in accordance with the provisions of the IMC Act as she has not obtained Eligibility Certificate before taking admission, so as to become eligible to be enrolled as a medical practitioner in the State Medical Register, is unsustainable.

The petitioner had satisfied all the eligibility criteria for registration under the provisions of the IMC Act and the regulations made thereunder. As such, the Court held that she cannot be denied registration on the said ground.

Whether a person who obtains a medical qualification from a medical institution abroad and undertakes one-year internship thereafter in the country of education and satisfies all other eligibility criteria for enrolment on a State Medical Register be insisted to undergo CRRI for the said purpose?

The Court noted that a person who obtains medical qualification granted by medical institutions outside India, is recognised for enrolment as a medical practitioner in that country and who clears the Screening Test in terms of Section 13(4A) of the IMC Act, is entitled to be enrolled as a medical practitioner on any State Medical Register if he has already undergone one-year internship.

The petitioner had satisfied all the said conditions. Therefore the bench ruled:

"...according to me, the State Medical Council is obliged to grant permanent registration to the petitioner and they cannot insist that the petitioner shall undergo CRRI for the said purpose."

Accordingly, the petition was allowed directing the State Medical Council to permit the petitioner to apply for the permanent registration, and if applied, grant permanent registration to the petitioner without insisting her to undergo CRRI, if the application of the petitioner is otherwise in order.

Advocates Santhosh Mathew and Elza Joe appeared for the petitioners while Standing CounselsTitus Mani and N Raghuraj appeared for the respondents in the matter.

Case Title: Sadhiya Siyad v. State of Kerala & Ors.

No. of 2nd dose recipients dips at KMC vax clinics

AWARENESS DRIVE PLANNED

No. of 2nd dose recipients dips at KMC vax clinics

Saikat.Ray@timesgroup.com

Kolkata:23.10.2021

Witnessing a sharp drop in the number of second dose recipients at the civic vaccination clinics, the Kolkata Municipal Corporation has decided to launch an awareness drive particularly in areas where the second dose recipients are yet to turn up.

According to an internal vaccine data recorded by the KMC clinics across Kolkata, the civic body is in search of 21% of the recipients who had taken their first shot from the civic vaccination clinics but didn’t turn up for their second dose. When the KMC medical officers at the clinics first noticed such mismatch, they formed a team of honorary health workers in August and sent them from door-to-door of select neighbourhoods to woo the recipients of second dose to be present at the civic clinics. The initiative yielded results as 1.5 lakh recipients finally took their second dose from over 50 vaccination clinics.

According to a KMC health department official, the allocation of Covishield vaccine for each civic clinic was sufficient for inoculation of second dose recipients across 144 wards and the recipients should take the opportunity at the earliest. “The supply of vaccines has been steady and sufficient for the past two months. This is the right time the recipients should respond to our appeal and queue up at our clinics to get inoculated till the stocks last,” said a KMC medical officer.

Records with some KMC clinics in areas like Tollygunge, Jadavpur, Behala, Kidderpore, Metiabruz and EM Bypass reveal a poor attendance of second dose recipients in the past few weeks. For instance, several clinics in Tollygunge recorded a 50% attendance of second dose recipients. “We were given 200 doses today. At the end of vaccination hours we recorded presence of 90 second dose recipients and 10 first dose recipients,” said a medical officer at a KMC clinic in Tollygunge.

Atin Ghosh, a member in KMC Board of Administrators overseeing the health department, said: “Now, even senior citizens can take the opportunity of avoiding crowd and take second shot at our clinics.”

HC: Just taking cash illegally inadequate for graft charge

HC: Just taking cash illegally inadequate for graft charge

Lalmohan Patnaik TNN

Cuttack:23.10.2021

The Orissa HC has ruled that mere acceptance of any amount by way of illegal gratification or its recovery is outside the scope of the proof of demand and is not sufficient to bring home the charge under the Prevention of Corruption Act.

The single-judge bench of Justice S K Sahoo said, “The proof of demand of illegal gratification is the essence of accusation of the offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 and in the absence thereof, the charge would fail.” The complainant cannot be placed on any better footing than that of an accomplice and corroboration in material particulars connecting him with the crime has to be insisted upon, Justice Sahoo ruled.

The ruling by the vacation bench came on Thursday, while allowing the criminal appeal of Sanatan Dash, who was convicted for taking a bribe of Rs 500 and sentenced to two years of rigorous imprisonment by the special judge vigilance in Bhubaneswar nearly 18 years ago.

“The prosecution evidence with regard to the demand and acceptance of a bribe amount of Rs 500 by the appellant from the complainant for passing his house rent bill appears to be shaky in nature... the impugned judgment suffers from perversity, the same cannot be sustained in the eye of law and accordingly, I am constrained to give benefit of doubt to the appellant,” Justice Sahoo said in his 37-page judgment.