Democratic Tamilnadu Government v. The Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.3987 of 2019 and W.M.P.No.4442 and 4445 of 2019 Democratic Tamilnadu Government Doctors Association Rep by its President Dr.P.Balakrishnan, Democratic TNGDA Office, Govt., Mohan Kumaramangalam Medical College & Hospital, Salem District.
.. Petitioner Vs.
1.The Union of India, Rep by its Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi.
2.The Medical Council of India Presently changed as The National Medical Commission, Pocket - 14, Sector -8, Dwarka Phrase - 1, New Delhi - 110 077.
3.The Government of Tamil Nadu Rep by its Principal Secretary Department of Health and Family Welfare Secretariat, Fort St., George Chennai - 600 009.
4.The Tamil Nadu Medical Council Rep by its Registrar New No.914, Old No.569 Poonamallee High Road Arumbakkam, Chennai - 600 106.
.. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance of a Writ of Certiorarified Mandamus, calling for the records and to quash the 4th respondent impugned G.O.41 dated 10.10.2018 having Reference No.TNMC/G502/2018 wherein for all those medical practitioners to update in Form 5 for those who non updating Doctors like petitioner were declared "Dormant and Inaccessible practitioners" is totally unconstitutional and illegal and consequently direct the respondents 1 to 3, to restore that all registered doctors to be considered by their length of practices in their respective field and not to be disturbed and compelled to pay charges to obtain credit hours marks in Continuous Medical Education (CME).
For Petitioner : Mr.C.Kanagaraj For R3 : Mr.Akhil Akbarali Government Advocate
O R D E R
(Order of this Court was made by S.MANIKUMAR, J.) Democratic Tamilnadu Government Doctors Association, represented by its President Dr.P.Balakrishnan, has filed the instant writ petition for a Writ of Certiorarified Mandamus, calling for the records and to quash the 4th respondent impugned G.O.41, dated 10.10.2018 having Reference No.TNMC/G502/2018 wherein for all those medical practitioners to update in Form 5 for those who non updating Doctors like petitioner were declared "Dormant and Inaccessible practitioners"
is totally unconstitutional and illegal and consequently direct the respondents 1 to 3, to restore that all registered doctors to be considered by their length of practices in their respective field and not to be disturbed and compelled to pay charges to obtain credit hours marks in Continuous Medical Education (CME).
2. One of the grounds raised in the instant writ petition, is that failure to undergo Continuous Medical Education (CME), for a period from 2012-2017, cannot be equated by payment of Rs.50 per credit hour.
3. Though the abovesaid grounds appears to be prima facie satisfy to issue notice to the respondents for an appropriate answer, when attention of this Court was invited to the Chapter 7, which deals with misconduct and Chapter 8, which deals with punishment and disciplinary action, under the Indian Medical Council (Provisional Conduct, Etiquette and Ethics) Regulations 2002, and when the Court observed that ultimately, if the impugned G.O.Ms.41, dated 10.10.2018, is set aside, then the Tamil Nadu Medical Council, would revert back to Chapters 7 and 8, which deals with misconduct, subsequent punishment and
disciplinary action, Mr.C.Kanagaraj, learned counsel for the petitioner, seeks permission of this Court, to withdraw the writ petition. He has also made an endorsement to that effect.
4. Permission is granted. Writ petition is dismissed as withdrawn. No Costs. Consequently, the connected writ miscellaneous petitions are closed.
dm Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Secretary, Union of India, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi.
2. The Medical Council of India Presently changed as The National Medical Commission, Pocket - 14, Sector -8, Dwarka Phrase - 1, New Delhi - 110 077.
3. The Principal Secretary, Government of Tamil Nadu Department of Health and Family Welfare, Secretariat, Fort St., George, Chennai - 600 009.
4. The Registrar, Tamil Nadu Medical Council, New No.914, Old No.569, Poonamallee High Road, Arumbakkam, Chennai - 600 106.
+1cc to M/s.R.Durgarani, CGSC, vide S.R.No.15279/19 +1cc to M/s.C.Kanagaraj Associates, Advocate, S.R.No.15320/19 +1cc to the Government Pleader, S.R.No.15536/19 W.P.No.3987 of 2019 Kak(01/04/2019)