HC : Nativity of one parent sufficient to claim State Quota in Medical Seat.

The High Court of Judicature at Madras, in one of it's Orders dated 21 June 2019, held that it would be sufficient if one parent, instead of both, be a native of Tamil Nadu, to apply for medical seat in Tamil Nadu quota.

In the case of the petitioner, whose parent is an Exserviceman, the respondents have placed the candidature under Open quota. The contention of the petitioner is that, she had pursued education in Tamil Nadu and that her mother is a native of Tamil Nadu. The petitioner further states that her father was an Exserviceman and was employed in other state. The petitioner expected that this fact shouldn't bar her from competing for medical seat in Tamil Nadu quota.

If sub clause (b) to Clause 5 in the prospectus issued by the Directorate of Medical Education were to be strictly interpreted, both mother and father of the candidate should have been born in Tamil Nadu, so to consider for admission into MBBS/BDS course, in the native of Tamil Nadu quota.

However,  the court viewed that, it might be possible that "in some case either one alone will be born in Tamil Nadu and the candidate will be residing at Tamil Nadu pursued the studies in Tamil Nadu as in the case of the petitioner" and thus, the court arrived at a conclusion that,"By no stretch of imagination such candidates can be termed as other state candidates."

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Medical Seats Lying Vacant. SC Dismisses Petition for Extension.

The Supreme Court, in one of it's judgements deleivered on on 21 June 2019, held that, merely because the seats were lying vacant, was not a ground to grant extension of time and grant further opportunity to fill up vacant seats.

The petitioners has prayed to the court that, it may "grant extension of time to respective   medical  colleges/deemed universities for carrying out counselling for P.G. courses since large number of seats in these colleges are lying vacant."

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SC confirms 23 Crore Penalty Against Admission

The Supreme Court in one of  it's Judgment dated 21 June 2019 held that, the "institution had no business to admit students beyond the number permitted by the AICTE."

"granting admission to the students beyond the seats sanctioned is totally illegal and
contrary to law.", the court held.

In terms of Clause 3.1 of Chapter IV of   Approval  Process
Handbook, 5 times   penalty for each student works out   to
Rs.55,00,000/­ and for 42 student it works out to
Rs 23,10,00,000/­, which is the penalty imposed by the AICTE. The court further observ d that, "The AICTE has no discretion to award a lesser penalty..." and went on to confirm the penalty of 23 Crore 10 Lakhs towards the admission of 42 students in excess.

The court further held that, "Having held thus we are also of the considered view that the
students who had paid large sums of money should not be made
to suffer. They have already completed the course but the degrees have not been awarded to them. We, therefore, direct
 that the degrees be awarded to the said students."

The college has been collecting RS 11 Lacs as fees for the entire course, from each student.

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HC Quashes Government Order Limiting Medical Reimbursement

The High Court of Judicature at Madras, on 13 June 2019, quashed a G.O of Health and Family Welfare (B2) Department, stating that, "the right to health and medical care is a fundamental right enshrined by Article 21 of the Constitution of India, inasmuch as the health is vital for making the life of an employee meaningful, purposeful and compatible with personal dignity.
Therefore, the court added that, "in a welfare state, like ours the primary duty of the Government is to secure the welfare of the people and to provide adequate medical facilities is an obligation undertaken by the Government in a welfare state."

It was the view of the court that medical reimbursement should be made on whatever scheme and facility that is available to a patient, without limiting to a cieling amount or to technical issues.

"..... it cannot be said that not obtaining prior approval is a reason to justify and to deny the actual (medical) reimbursement." the court held.

Quoting a previous order, the justice reminded that, "when substantial justice and technical consideration are pitted against each other, the cause of substantial justice deserved to be preferred."

It is not any justice to deny medical reimbursement for the entire expenditure actually incurred by the patient, and
It wasn't nice for a welfare state, with enshrined articled in the Constitution, to restrict medical claim, to a certain ceiling, was the view of the court and the court accordingly ordered that "Government Order in  G.O.(Rt) No.2164, Health and Family Welfare (B2) Department dated 28.09.2000 is Quashed."

The Order further expected that, "it must be seen that the judiciary is respected not on account of its power to legalise injustice on technical grounds but, because it is capable of removing injustice and is expected to do so."
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Building & Layout Approval Rules and Procedures

In exercise of the powers conferred by sub-section (4) of section 32 and section 122 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), section 191 and 303 of the Tamil Nadu District Municipalities Act, and many other relevant acts, the Governor of Tamil Nadu, has made the following Rules. The Rules are to come into force from the date of publication in the Tamil Nadu Government Gazette.

The new buildings and Layouts rules require, the following in addition to other requirements.

∆ 10% of layout area excluding roads, additionally, shall be reserved for "Public Purpose" for purchase at Guideline value.

∆ Within the above ceiling 5% of area shall be reserved and transferred to the Local Body free of cost through a registered gift deed before the actual sanction of the layout.

∆ "No such area reserved shall measures less than 100 square metres with a minimum dimension of 10 metres."

∆ Reserve plots under Economically Weaker Section (EWS)

∆ Reserve at least 3 percent of the total area for commercial purposes

∆ The cost of laying improvements to the systems in respect of road, water supply,
sewerage, drainage ..... be borne by the applicant."


PART II - Manner of Obtaining Permission
Application for Planning, Permission & Building Permit- Scrutiny fees -Plan Requirements -Inspection -Sanction - Limitations of permission -Demolition of buildings -Cancellation of permit -Renewal of permit

PART III - Conformity of Developments
Development Regulations -Master Plan / Detailed Development Plan - Correlation of land use zones in Master Plan, Detailed Development Plan- Width of roads - Prohibited /restricted areas

PART IV - Completion Certificate Application for Completion Certificate - Illegal occupation of building - Illegal developments

PART V - Registration of Professionals
Registration of Architects (RA), Engineers (RE), Structural Engineers (SE),
Construction Engineers (CE), Quality Auditors (QA), Town Planners (TP)
and Developers (D), and their Duties and Responsibilities - Appointment of Professionals -Change of Owner/Developer/Professionals - Applicability of other rules

PART VI - Development Regulations
Requirement for site approval- Structures in setback spaces- Spaces excluded from FSI and Coverage computation- Areas of special character- Boundaries of land use zones
- Regulations to over ride other Rules and Regulations- Zoning Regulations
- Shelter Charges - Planning Parameters for Non High Rise Buildings- Planning Parameters for Industries- Planning Parameters for Institutional Buildings
- Planning Parameters for Transport Terminals- Special rules for High Rise Buildings- Rules for I.T. Developments availing additional F.S.I. benefits- Reservation of land for community recreational purposes in cases of Non
High Rise buildings/ High Rise building developments- Corridor / Verandah width - Provisions for differently abled, elderly and children- Solar Energy capture- Wind Electricity Generator- Electrical Transformer Rooms- Layout and Sub-division Regulations- Transferable Development Rights (TDR)- Premium FSI
- Repeal and savings

PART VII - Building Rules Structural safety
- Requirements of parts of buildings- Exit requirements- Sanitation requirements
- Storm water drainage - Electrical and Allied Installations (including lightening protection of buildings)- Air conditioning, Heating and Mechanical ventilation- Gas Supply- Boiler Room - Acoustics, Sound insulation and Noise control

Annexure
l. Form –A Application for Permission for sub-division / Layout or reconstitution or amalgamation of land for building
purposes and for change of use of land
II. Form –B Application for Permission for carrying out construction of building or structure, change of use of building
III. Form of undertaking
IV. Parking requirements
V. List of cottage industries
VI. List of Industries classified as “Green”
VII. List of Industries classified as “Orange”
VIII. List of Industries permissible inSpecial and Hazardous’ Industries Use zone
IX. Regulations for Special Provisions for Hospital Buildings
X. Sanitation requirements
XI. Structural safety
XII. Protection against Hazards
XIII. Registration, qualification and duties & Responsibility of professionals
XIV. Form No.1 Structural Design basis report
Form No.2 Notice for commencement of work
Form No.3 Progress Certificate – Plinth stage
Form No.4 Progress Certificate – Last Storey
Form No.5 Completion Report
Form No.6 Building completion certificate by Registered Architect/Engineer
Form No.7 Building completion certificate by Registered Construction Engineer
Form No.8 Building completion certificate by Registered Structural Engineer
From No.9 Structural Inspection Report 161
Form No.10 Model proforma for Technical Audit Report
XV. Special additional regulations for schools
XVI. Conservation of heritage sites including heritage
buildings, heritage precincts and natural feature areas
XVII. Development prohibited/restricted areas
XVIII. Zoning Regulations
XIX. Areas set apart for High Rise Buildings in CMA
XX. Swimming Pool or Pool
XXI. Installation of Closed Circuit Television units in public buildings
XXII. Rainwater Conservation
XXIII. Completion Certificate Norms

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Contributory Pension Scheme, CPS Account Slips On-line

The Government of Tamil Nadu has announced that the Account Slips of the 4,66,867 CPS (Contributory Pension Scheme) Subscribing Government Employees, will be available in the online.
Click here to View your CPS Account Slip

Obeyed. Served. Saved. Officer Dismissed. HC Rescues.

The High Court of Judicature at Madras, has in one of it's Orders dated 07 June 2016, has come to save an officer who has obeyed the orders of the High Court and has been dismissed for such obedience, besides having saved his department from contempt of court proceedings.

The officer has been charged on the grounds that, he "had acted with a malafide motive in the discharge of his official duties ...." and has "resorted to misleading the superior officer to cover up certain lapses committed by him."

The charge on the officer was also that he had "Issued irregular refund of tax..... without going in to the merits of the case as per High Court directions and without waiting for instructions of superior authorities."  and has "Failed to discharge his duties as an Assessing officer diligently and to safeguard the interest of revenue." in addition to have "acted with negligence in the discharge of his duties"

Upon Enquiry, a few charges were proved , a few partly proved,and a few other were unproved. Interestingly, "the Government disagreed with couple of findings of the Enquiry officer and ordered unproved charges also to have been proved and the officer was dismissed from service.

TNPSC remarked that the officer had "hurriedly issued the refund vouchers to the dealer and acted against the interest of the Government" and had also added that "the Delinquent Officer did not address the issue to the Government Pleader and obtain his opinion,"

The petitioner among other things had defended that he "being an quasi-judicial authority, could not be processed against the departmental proceedings."

The petitioner contended that, the High Court of Madras by its order in a Writ petition had directed him to refund the excess amount. He further contended that he had written to his superior authorities and since no reply was forthcoming from his superiors, he had no alternative except to pass the orders in accordance with law. And he did.

The petitioner has stated to the court that, "he has done only his duty and had passed orders in compliance to the directions of the High Court."

The court found that the only reason given for his dismissal from service was that, he had "acted in hurried manner and passed the orders without waiting for instructions from the superior or getting opinion from the Government Pleader." In addition the court also held that "the Inquiry Officer has not offered clear-cut findings"

The court in it's Order declared that, "The conduct of the petitioner in proceeding ahead with passing orders of refund was in compliance with the order of this Court and it cannot said to be a reckless order. The petitioner is correct in contending that had he not passed the order then department would have to face contempt proceeding. There is nothing in the order which suggests that there has been any pecuniary loss to the Government." And hence, the court had stayed in it's Order that, "the order of dismissal from service is completely disproportionate to the conduct and the petitioner who had passed the orders to avoid contempt proceedings.

The court held that "It is not the case of the petitioner that the orders of refund were legally wrong orders or that the opinion of the Government or the public prosecutor would have been to the contrary or that the refund is not in accordance with law settled by this Court in various decisions."

The court has consequently set aside the order of dismissal of the petitioner from service and has remanded the matter back to the Enquiry Committee

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