OFAMOS must ensure UNIFORMITY in Indian Medical Faculty Pay Scales and Service Conditions
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Uniformity in all parameters of Indian Medical Education is the need of the hour to protect the future of Indian Healthcare. The change needs to begin at the ground level.
Indian Medical Faculty are the Functional Units of this Education System but are subjected to severe discrepancies and thus hardships to self and their families. How can such Faculty contribute to improvement in Standards of Indian Medical Education?
It is a prayer to the authorities to please go through the contents taken from my blogs, at ddatta16.blogspot.in, and pasted below as a context to the petition to STANDARDISE Indian Medical Faculty Pay Scales and Service Conditions.
Blog below with relevant links
Medical Education in India
Tuesday, 14 March 2017
OFAMOS - Online Faculty Attendance Monitoring System - Tracking Indian Medical Faculty like CATTLE?
In a country which sees debates on RIGHTS OF CATTLE, with TRACKING MECHANISMS TO AVOID ALL ATTENDANT PROBLEMS OF CATTLE, what about Indian Medical Faculty's CONSTITUTIONAL RIGHTS?
This is the link for the E- Gazette notification for Implementation of OFAMOS. Please see the entry No. MCI- 34(41)/2016- Med./164446, dated 30/01/2017.
Now the points below are what has not been addressed.
Online Faculty Attendance Monitoring System (OFAMOS) violates Articles 14, 19 and 21 of the Indian Constitution if #IndianMedicalFaculty pay scales and service conditions are nonuniform. To restore DIGNITY of Indian Medical Education and its Faculty, and to clean up the existing dirt in this business, OFAMOS is the need of the hour.
Aadhaar Enrolment is a VOLUNTARY process not a MANDATORY ONE. It cannot be used as a REGULATORY TOOL, and this is where the Medical Council of India (MCI) overstepped its brief, by linking Aadhaar to Faculty Attendance.
Wherever Biometric data, ie Aadhaar data is being used for OFAMOS, the following points are applicable:
1. Article 14 of the Indian Constitution must be borne in mind, namely EQUAL PAY, OPPORTUNITIES and CONDITIONS FOR EQUAL WORK.
2. Article 19 of the Indian Constitution must be borne in mind so as to give an Indian citizen the right to choose between Government Service and private sector jobs. If dichotomy in Pay Scales and Service Conditions of Indian Medical Faculty exists between Government and private sectors, and a Faculty is told by a private college management that Government rules are not applicable in private Institutions, then Article 19 is grossly violated, that a Faculty suffers from lack of choice of job location due to nonuniform pay and service conditions.
3. a) Real time streaming of teaching- learning processes and patient related processes violates Article 21 of the Indian Constitution, namely Right to Privacy. CCTV cameras to check Ghost Faculty is welcome, but not inside a Lecture Hall or Patient area, cameras are good in corridors and outside doors. Recordings of such teaching- learning activities, lectures etc can be misused commercially and is again a serious breach of Article 21.
b) There is another important area of violation of Article 21, namely, who will store sensitive data of the Faculty, where will such confidential data including documents, certificates, salary details, personal identity details, addresses, etc. be stored, who can retrieve them for view, processes associated with login and viewing details etc have not been addressed. Without individual Faculty's consent, nobody should be able to view such data. No one has the right to post personal data, relating to employment, on any public fora like the World Wide Web, the Internet.
Without addressing such violations of Indian Constitution, OFAMOS, though the definite need of the hour, is unconstitutional.
Resolutions passed in Medical Council of India (MCI) General Body Meeting GBMN on 26- 27.03.2015, pages 497 and 498 points 5 and 12, on Faculty Pay Scales and Service Conditions, have not been implemented. Faculty Declaration forms have a page where amount of Salary received by a Faculty and Tax Deducted at Source (TDS) are filled by the Faculty. But beyond that, does this page have no meaning? If MCI claims that it has no power vested on it to regulate Pay Scales and Service Conditions of Indian Medical Faculty, then how can MCI Inspections of Faculty parameters be legally complete and tenable?
I paste below the relevant pages from the MCI MNGB dated 26- 27.03.2015 for better enunciation.
I also paste below my mail to MCI President on 4th June 2016.
---------- Forwarded message ----------
From: "D Datta" <email@example.com>
Date: 04-Jun-2016 13:05
Subject: Kind attention of President MCI - Pay Scales- Reg
Cc: <firstname.lastname@example.org>, <email@example.com>
I forward below a copy of relevant portion of General Body Meeting of MCI held on 26th and 27th March 2015, regarding pay scales and service conditions of full time medical faculty.
Many representations have been made to MCI about faculty being at the mercy of college managements in matters of pay and service conditions with majority of faculty not receiving pay on time and for months together. Indian Medical Faculty too have families and a need to spend some quality time with them, but there are no guidelines for restorative periods, it is a grind from one inspection to another. Should not Indian Medical Faculty marry, have children, get parents operated, attend funerals and marriages of near and dear ones. Please take action in this regard at the earliest. We, Indian Medical Faculty, are being ill treated. And as our regulatory body, MCI is entreated to ensure our well being. Just like fulfillment of MSR is a must for continuing permissions and recognitions to medical colleges, it is a humble prayer that this critical human resource intervention be undertaken to provide succor to Indian Medical Faculty.
Dr. D. Datta
MEDICAL COUNCIL OF INDIA
3rd Session (continuing 139th session)
MINUTES OF THE GENERAL BODY MEETING HELD
ON 26th & 27th MARCH, 2015
992. Any other Item with the permission of the Chair.
5. Be it resolved that the Council be vested with the authority of prescribing
pay scales and service conditions of the full time medical faculty in various
medical colleges in the country on the lines whereby the University Grants
Commission under the University Grants Commission Act, 1956 is entitled
to prescribe pay scales and service conditions for full time teachers in the
stream of higher education in the country by incorporating an entry u/s 33
of the IMC Act, 1956 at seriatim (mb)
12. Be it resolved that the President, Medical Council of India should take
initiative through appropriate consultation to make an appropriate
representation pertaining to the accruable pay scales to full time medical
teachers in the country and also a separate higher scale for teachers of
the super speciality courses before the 7th pay commission constituted by
the Govt. of India at an early date.
This is the link for the above Minutes of Meeting of MCI.
This is the link for the Parliamentary Standing Committee on Health and Family Welfare 92nd report on the Functioning of MCI, presented to both houses of Parliament, in March 2016. Of particular interest are page numbered 56 ie page 68/146 in scroller, Chapter XI on Renumeration for Doctors and Medical Faculty, Point no (iv).
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