STOP ATROCITIES ON TELUGU DOCTORS
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RESPECTED CHAIRMAN OF MCI ,
We request you to immediately order Andhra Pradesh and Telangana Medical Councils to issue registrations for MBBS and Speciality doctors by clarifying that 15 B amendment of AP Medical Practitioners Act 2013 has no legal validity as it violates the Rule 26 of MCI Act .
Make sure that the State Governments be notified the same and ask for an re amendment or go for a legal pill and nullify the amendment 15 B because of which MBBS and PG passouts are being denied registrations and are being forced to work in government hospitals as SR’s for 1 year with a paltry pay of Rs.33,000 as honourium , just for the purpose to get SR’s for MCI Inspections . We request you to not consider some one as SR , even in Govt hospital , unless they are at least temperory employees who are receiving pay and facilities as per MCI norms . Pass the same note to DME’s of AP & TS that those who are on forced service as ones taking honouriums can’t be considered as faculty .
Please take string action and STOP EXPLOITATION OF MEDICAL PROFESSIONALS by State Governments of AP & TS , with extended support from respective councils which are functioning as per their orders instead of abiding to MCI Acts and Regulations .
TELANGANA STATE MEDICAL COUNCIL,
Copy to ;
Chairman – Medical Council of India , New Delhi .
Chairman – AP Medical Council , Vijayawada .
Respected Sir ,
SUB: Non-issuance of registrations despite successful course completion & Your recent orders against Specialist doctors .
The following letter is regarding the orders sent from your office on the subject of asking all the Govt and Private establishments not to employ even MCI Registered Specialist doctors , until unless 1 Yr compulsory SR Ship is completed .
I would like to draw your attention to The Medical Council Act 1956 ( amended 1964,1993,2001) Rule 26, which states ;
" 1. If any person whose name is entered in the Indian Medical Register obtains any title, diploma or other qualification for proficiency in sanitary science, public health or medicine which is a recognized medical qualification, he shall, on application made in this behalf in the prescribed manner be entitled to have any entry stating such other title, diploma or other qualification made against his name in the Indian Medical Register either in substitution for or in addition to any entry previously made.
2. The entries in respect of any such person in a State Medical Register shall be altered in accordance with the alterations made in the Indian Medical Register."
It is clearly stated in the above Act passed by Parliament that the State medical register has to be altered in accordance with the entries and qualifications of the Indian Medical register. This makes your orders absolutely illegal and in defiance of your parent body THE MEDICAL COUNCIL OF INDIA. Since the very existence of Telangana State Medical Council in under the ambit of Medical Council of India you cannot bypass the laws aforementioned.
I further would like to draw your attention to the Judgment of THE HON'BLE SRI NOOTY RAMMOHAN RAO vide writ petition no. 42033 of 2013 at THE HIGH COURT OF JUDICATURE HYDERABAD which clearly directs your medical council to permit registrations of under graduate / post graduate/ diploma qualifications to all successful candidates who cleared the examinations without insisting upon compliance with Section 15-B of A.P Medical Practitioners Registration Act, 1968. Even the kerala and Karnataka High courts had given similar judgements .
As you very well see your order clearly violates the direct judgment of The Hon'ble High court . And Section 15-B of the A.P Medical Practitioners Registration Act , 1968 which you quoted in your memo stands null in this aspect. Sir, you are not above the law or by extension the Telangana State Medical Council is not either. Your very existence is a provision of The Constituition of India and guided by the Medical Council of India. You have shown that you have no respect for either of them. You or your council have no right to withhold registrations of any successful candidate.
As a qualified postgraduate doctor yourself I presume you know the hardships faced by the students to complete their course and clear exams. It is unempathetic on your part to treat your fellow doctors in such manner. I would further like to put forward few questions regarding the functioning of the Telangana state medical council;
1) Why haven't you intimated the government regarding the rules of MCI when in 2013 a G.O was passed instituting compulsory government service as a pre requisite for registration of medical qualifications?
2) Under the umbrella of A.P medical council in 2013 and an independent body now didn't you know it was and is illegal to withold a candidates registration ?
3) Why should every doctor pay Rs.5000/- every 5 years for renewal of registration ? And where/ How is all the money collected on various other fees spent ? Surely a nominal amount of Rs.100/- or so as processing fee is enough isn’t it? When after 5 years of getting registrations done , young doctors are in a pathetic condition , postponing the renewal as that amount of Rs.5,000 is mattering a lot , what do you mean by your action that still hits qualified professionals .
4) Why haven’t you talked or issued any order till date against AYUSH Dr’s /Interns / Non Qualified Foreign Graduates or other QUACKS ( not even 10th qualified) working in various hospitals and ICU's in Telangana state ? I could furnish you proofs regarding this issue if you so require but I suspect you already know regarding this practice.
5) Why is every pharmacy in the state issuing any sort of drugs/medications like steroids , anti-psychotics, antibiotics to persons without medical qualification or a valid registration number? Why havent you taken any action regarding this? I can very well provide proof for this too but again I suspect you would know about this if you take a walk to your closest pharmacy.
6) What legal right do quacks have to prescribe Allopathic medicines? Why have you never taken action regarding this and why are so dumb and failed to even remain the state govt when it is planning large scale training programmes to those quacks .
7) WOULD YOU EVEN GIVE REGISTRATION NUMBERS TO QUACKS , if yet govt passed a similar law as like 15B amendment and asked you to do so .
8) Are you still left with the sense that MCI and allied state councils are Constitutional bodies and meant to maintain uniform medical conduct all through the Nation ? or simply assume as ones which bows before state governments ?
Despite so many looming problems and lacunae in the delivery of health services you specifically choose to highlight some vague irrelevant G.O which in itself is illegal and targeting your fellow doctors.
Sir, you are supposed to advice the Govt regarding best medical practices and monitor medical profession not work as a puppet to the Government and/or Private institutions. You, yourself are belittling the profession that gives you bread and butter; If this isnt unethical and illegal then what is?
I implore you to do your duty and form a legal committee regarding medical registrations and compulsory govt service and thereby advice the government correctly and in good conscience .
With Due Respect , we still expect you to :
1) Immediately Cancel the orders dated 14/09/17 .
2) Report to MCI on 15 B Amendment and seek legal advice by forming a committee by yourself too .
3) Communicate to State Governemnt that you can’t Hold Registrations based on amendments that are violating MCI Laws , for which you are supposed to ABIDE .
4) Immediately Get Registrations done for all specialists irrespective of the Bond or 15 B amendment as if it is so as per your same orders on 14/09/17 , one can’t even work in Govt hospitals without getting registrations done .
Yours Sincerely ,
Telangana Junior Doctors Association .
AP Medicos & Junior Doctors Association .
Bharat Medicos Association .
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