In a country which sees debates on RIGHTS OF CATTLE, what about Indian Medical Faculty's CONSTITUTIONAL RIGHTS?
OFAMOS is Online Faculty Attendance Monitoring System, as a component of the Government's Digital Mission Mode Project (DMMP). I, and many like me, ie, REGULAR, FULL TIME, HONESTLY TAX PAYING FACULTY, had sent representations to the authorities to monitor GHOST FACULTIES- AGENTS' NEXUS, and online process appeared to be the best. My communications to the Hon'ble Supreme Court (SC) of India mandated Oversight Committee (OC) to oversee MCI functioning, pointing this fact of need of DMMP/ OFAMOS to restore DIGNITY of the Indian Medical Faculty is as below.
http://ddatta16.blogspot.in/2017/03/suggestions-sent-to-honbl-sc-mandated.html?m=1
OFAMOS is Online Faculty Attendance Monitoring System, as a component of the Government's Digital Mission Mode Project (DMMP). I, and many like me, ie, REGULAR, FULL TIME, HONESTLY TAX PAYING FACULTY, had sent representations to the authorities to monitor GHOST FACULTIES- AGENTS' NEXUS, and online process appeared to be the best. My communications to the Hon'ble Supreme Court (SC) of India mandated Oversight Committee (OC) to oversee MCI functioning, pointing this fact of need of DMMP/ OFAMOS to restore DIGNITY of the Indian Medical Faculty is as below.
http://ddatta16.blogspot.in/2017/03/suggestions-sent-to-honbl-sc-mandated.html?m=1
Proper utilisation of AADHAR data can effectively help in an optimal distribution of Faculty by helping calculate DEMAND and SUPPLY of FACULTY and can be a SCIENTIFIC solution to 'ARTIFICIAL FACULTY SHORTAGE'. Dramatic Reduction of Faculty Numbers has only increased the number of problems and anxieties, affecting delivery of Teaching- Learning processes. Please see link below for the context.
http://ddatta16.blogspot.in/2017/03/society-of-clinical-anatomists-petition.html?m=1
But what did we get back in return. Please continue reading to understand how Exploitative the whole thing was, for over a decade, and it only continues to get worse.
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.
https://www.mciindia.org/ActivitiWebClient/footer/egazette
Now the points below are what have not been addressed.
Aadhaar Enrolment is a VOLUNTARY process not a MANDATORY ONE. Tracking an Individual using her/ his Aadhaar number is illegal as per Aadhaar Act. 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 Monitoring (ie tracking)
Online Faculty Attendance Monitoring System (OFAMOS) violates Articles 14, 19 and 21 of the Indian Constitution if Indian Medical Faculty pay scales and service conditions are nonuniform.
Wherever Biometric data, ie Aadhaar data 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 and EQUAL POST, whether in Government Service or Private Sector.
A Professor TEACHING a Student to become a DOCTOR is a UNIFORM PARAMETER, the OBJECTIVE being TREATMENT of a HUMAN BEING, again a UNIFORM PARAMETER. Why then is a DISPARITY in PAY SCALES and SERVICE CONDITIONS continuing over decades?
In majority of Indian Medical Colleges, Faculty have never received Salaries on time, in many it is once in two to three months, all kinds of illegal and unconstitutional deductions are made, something that can be compared to open extortion, draconian rules governing service conditions where a Faculty is unable to take leave for any family emergencies, for parents' Medical emergencies, unable to plan even one's own marriage leave alone honeymoon, is unable to attend family occasions like weddings, birthdays and different religious festivals, and cannot even plan a tour during children's annual school vacation. All these simply because the Medical College Management keeps the 'Surprise MCI Inspections' as the proverbial Damocles sword hanging over our heads. Instances of family discord, divorces, suicide of the spouse and many other family breakdowns are increasing.
My own suffering, as an example below, is what 1000s of Indian Medical Faculty are going through in some manner or the other.
👇
Can someone explain the legality and constitutionality of the documents pasted below? After resigning from a private set-up to join Government sector, the private college has held back ₹ 2.51 lakhs of my money (minus service charges). This includes 40 days of my salary and 2 years 3 months worth of my 'Reserve Fund'; all the deductions under 'Medical' have not been used for either me or my family's treatment needs, I have had to pay everytime. The argument from the institution is that I have not served three months notice, whereas why would my future employer wait for three months to allow me to join in the face of impending MCI Inspections and whereas the Indian Government rules are clear on one month notice period only. Such rampant Subjugation and Exploitation of Indian Medical Faculty continues right under everyone's noses.
Please go through the following to understand the plight of the ground level Functional Units of Indian Medical Education, the Faculty, and see how this has got converted into a Business Industry.
Never have I received salary on the first of any month, neither before this circular nor after. Will Subharti pay me the interest for the delayed salaries every month, just like it extorts interest and fines from the poor students who pay their fees late? January 2017 salary of 20 days only was paid on 13th February 2017 despite the above circular.
Why couldn't Mr. Rashmikanth ji give a proper printed final settlement statement to Dr. Alok, if he was confident of his calculations? Numerous SMS to Mr. Rashmikanth ji, requesting to send me by email the complete details and statements of all my financial calculations including those of the reserve fund including Interest calculations over 2 years, Medical deductions and how qualifying amount shown by Subharti towards Income Tax Rebate was calculated and my final settlement statement, were not answered. What is it, that Subharti wants to hide?
As can be seen, every possible example of arbitrary high handedness and extortion is plainly seen above. Subharti owes me ₹.2.51 lakhs minus certain service charges. Who will help?
Since there was absolutely no response from any Official of Subharti on my repeated reminders about my pending salary and reserve fund dues, I WhatsApped the Founder of Subharti Group of Institutions, Dr. Mukti Bhatnagar, on what is going on in Subharti Medical College, through the prism of the Anatomy Department.
In addition to the main reason of all kinds of Examinations related irregularities going on in this college under its own university, where even worser irregularities go on, the screenshots pasted below will clearly explain why I was desparate to leave Subharti and God gave me the break through a Government Sector job.
Why should I be penalised for trying to advance in my career through ethical and legal means?
Finally on 12/07/2018 I received this statement from Subharti, where it can be seen how Subharti has stuck stubbornly to its stand of deducting 82 days of nitino pay and still Mr. Rashmikanth ji has not given the complete details of how Interest was calculated on my Reserve Fund and how it was being credited to my account and mentioned in my salary slip under the heading of 'Exam Fees' and not as Interest of 'Reserve Fund'.
The above calculation came to me by mail nearly 4 months after my resignation letter along with an intimidating letter from Principal of Subharti Medical College, Meerut labelling my enunciations baseless and absurd. Can anyone explain to me how whatever I have placed in the Public Domain is baseless and absurd? Please see the SMC Principal's letter and my reply to the same and please explain who should actually take legal action against whom.
NEET higher ranking students but with not-so-rich financial background get chased away by quoting of high security deposits and what not. The prefixed under -the-table afforder with very low ranks but with richer background thus get the admission. And I am told not to teach JIPMER standards since neither the student nor their parents are interested in real Academics. Some money here and there, manipulation of Attendance and internal assessment, same University conducting the evaluation process and finally the mule gets camouflaged and presented to the society as the race horse. The worst is when a Faculty's child perpetuates such gross irregularities.
The Principal has no response for this rejoinder from me.
A Professor TEACHING a Student to become a DOCTOR is a UNIFORM PARAMETER, the OBJECTIVE being TREATMENT of a HUMAN BEING, again a UNIFORM PARAMETER. Why then is a DISPARITY in PAY SCALES and SERVICE CONDITIONS continuing over decades?
In majority of Indian Medical Colleges, Faculty have never received Salaries on time, in many it is once in two to three months, all kinds of illegal and unconstitutional deductions are made, something that can be compared to open extortion, draconian rules governing service conditions where a Faculty is unable to take leave for any family emergencies, for parents' Medical emergencies, unable to plan even one's own marriage leave alone honeymoon, is unable to attend family occasions like weddings, birthdays and different religious festivals, and cannot even plan a tour during children's annual school vacation. All these simply because the Medical College Management keeps the 'Surprise MCI Inspections' as the proverbial Damocles sword hanging over our heads. Instances of family discord, divorces, suicide of the spouse and many other family breakdowns are increasing.
My own suffering, as an example below, is what 1000s of Indian Medical Faculty are going through in some manner or the other.
👇
Can someone explain the legality and constitutionality of the documents pasted below? After resigning from a private set-up to join Government sector, the private college has held back ₹ 2.51 lakhs of my money (minus service charges). This includes 40 days of my salary and 2 years 3 months worth of my 'Reserve Fund'; all the deductions under 'Medical' have not been used for either me or my family's treatment needs, I have had to pay everytime. The argument from the institution is that I have not served three months notice, whereas why would my future employer wait for three months to allow me to join in the face of impending MCI Inspections and whereas the Indian Government rules are clear on one month notice period only. Such rampant Subjugation and Exploitation of Indian Medical Faculty continues right under everyone's noses.
Please go through the following to understand the plight of the ground level Functional Units of Indian Medical Education, the Faculty, and see how this has got converted into a Business Industry.
Please note the points numbered
3- where salary and pay scale are not mentioned; this is illegal and unconstitutional.
6- 3 months notice period for relieving; this is an obstruction to join elsewhere, since no potential employer will wait for someone to join after three months when every Medical College is having MCI Inspections breathing down their necks. And particularly in Government jobs, the time given to join once the appointment order has been issued is 1 month only. So isn't Subharti trying to obstruct someone from joining a Government job when it is not able to match the salary and service conditions offered by the Government? Isn't this a pure harassment? Again, a Government job notice period for relieving is 1 month; so Subharti's this point of 3 months notice is completely illegal and unconstitutional.
7- NOC to apply elsewhere. Does Subharti think it is a Government Institution to ask for applying NOC to look for a new job? How much more feudal can Subharti try to project itself as?
9- Arbitrary and highly one sided; one can be simply ditched midway depending on the moods of the feudal lords.
10. Why could not the Head of Department of Anatomy, my Department, ask for constitution of this committee comprising VC and Principal, for examining my special circumstance? Doesn't it show his obviously biased nature against an 'Outsider'? Such is the nature of the Senior most Anatomists of the country who have never even stood up for themselves and can neither stand up for the Subject nor for the Practitioners of this wonderful subject, thus being responsible for denigrating Anatomy.
12, 13 & 14- Extortionism and pure cheating. Is Subharti a bank to retain 5% of my salary, every month, as a Reserve Fund? Is Subharti a bank to pay me interest? It has not paid interest in April as stated in point 12. Instead it has simply cheated me by paying something called 'Exam Fees' in September as can be seen in the consolidated pay statement below. For all these money diversions here and there, I end up paying Income Tax on whole salary, next 5% of my salary is stuck up in the Reserve Fund and hence I cannot deposit this amount in my Public Provident Fund (PPF) and hence do not get Income Tax Rebate, thus ending up paying more tax. Next, when the so called Interest from the Reserve Fund is surreptitiously paid as 'Exam Fees' I again have to pay Income Tax on this extra amount. Hence because of Subharti's black money to white money conversion scheme, I am ending up paying triple Income Tax. Can anyone reading this justify Subharti. And this Reserve Fund is also cheated out from me in the bigoted point of 3 months notice for relieving as mentioned in point 13. If this does not constitute Extortion, what does? Similarly point 14 about 1% deduction from salary towards 'Medical' is also completely a fraud since neither have me nor my family have received any single paisa of free treatment or investigation in Subharti Hospital and associated Dental hospital, I have had to pay everytime. And the worse part is, because of this forced 'Medical deduction' I have not been able to get complete Income Tax Rebate on Medical Insurance since Subharti shows only a part 'qualifying' amount for Income Tax Rebate. Again my Income Tax increases. And I have not received my card or statement of Medical Insurance. How ethically, morally, legally and constitutionally justified are all these shenanigans of Subharti? And all this on the background of no Faculty deficiency arising out from my relieving from the Department of Anatomy, Subharti Medical College Meerut.
Never have I received salary on the first of any month, neither before this circular nor after. Will Subharti pay me the interest for the delayed salaries every month, just like it extorts interest and fines from the poor students who pay their fees late? January 2017 salary of 20 days only was paid on 13th February 2017 despite the above circular.
When I was given my relieving order based on above No Dues Certificate, why is my pending salary and reserve fund being held back by Subharti? The calculation below was orally given by Mr. Rashmikanth ji of Accounts Department SVSU, Meerut, to my ex-colleague, but life long friend, Dr. Alok Tripathi, Assistant Professor, Dept. of Anatomy, SMC, Meerut, who wrote it down and forwarded a picture of the same, to me, by WhatsApp after receiving a cheque, on my behalf, of ₹. 699/-, yes, just six hundred and ninety nine rupees only, because 82 days money was held back by Subharti.
As can be seen, every possible example of arbitrary high handedness and extortion is plainly seen above. Subharti owes me ₹.2.51 lakhs minus certain service charges. Who will help?
Since there was absolutely no response from any Official of Subharti on my repeated reminders about my pending salary and reserve fund dues, I WhatsApped the Founder of Subharti Group of Institutions, Dr. Mukti Bhatnagar, on what is going on in Subharti Medical College, through the prism of the Anatomy Department.
In addition to the main reason of all kinds of Examinations related irregularities going on in this college under its own university, where even worser irregularities go on, the screenshots pasted below will clearly explain why I was desparate to leave Subharti and God gave me the break through a Government Sector job.
The above calculation came to me by mail nearly 4 months after my resignation letter along with an intimidating letter from Principal of Subharti Medical College, Meerut labelling my enunciations baseless and absurd. Can anyone explain to me how whatever I have placed in the Public Domain is baseless and absurd? Please see the SMC Principal's letter and my reply to the same and please explain who should actually take legal action against whom.
NEET higher ranking students but with not-so-rich financial background get chased away by quoting of high security deposits and what not. The prefixed under -the-table afforder with very low ranks but with richer background thus get the admission. And I am told not to teach JIPMER standards since neither the student nor their parents are interested in real Academics. Some money here and there, manipulation of Attendance and internal assessment, same University conducting the evaluation process and finally the mule gets camouflaged and presented to the society as the race horse. The worst is when a Faculty's child perpetuates such gross irregularities.
The Principal has no response for this rejoinder from me.
Subharti's attitude is that has more than a thousand complaints and cases, for and against Subharti, in numerous courts and Regulatory Bodies, so it simply does not care for such legal and constitutional norms. And all this is going on in a Medical College named after Netaji Subhas Chandra Bose under affiliation to an University named after Swami Vivekanand. What a shame.
Finally the long arm of the law is catching up with Subharti's campus at Dehradun. You can see the example of Subharti's cheating nature over decades, with blatant disregard to official regulations. Please see the link below.
and
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. My example above is illustrative.
A digression here- a lady Indian Medical Faculty cannot even avail MATERNITY LEAVE in majority of Indian Medical Colleges.
A digression here- a lady Indian Medical Faculty cannot even avail MATERNITY LEAVE in majority of Indian Medical Colleges.
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 are 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 and clinical bedside or OPD teaching, 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.
How has OFAMOS helped me from the Extortion Mafia, Subjugation and Exploitation?
The landmark judgement, on 24th August 2017, by the Hon'ble Supreme Court (SC) of India, upholding THE RIGHT TO PRIVACY as a FUNDAMENTAL RIGHT, under Article 21 of the Indian Constitution, is an eye- opener on how much the Indian Medical Faculty has been taken for a ride over a decade, by the Regulatory Bodies. The link below explains.
https://thewire.in/170303/supreme-court-aadhaar-right-to-privacy/
Infact forcing linkage of Aadhaar to any service is illegal and dangerous too.
http://www.moneylife.in/article/linking-aadhaar-to-mobile-and-bank-accounts-is-illegal-here-is-what-you-can-do-if-you-are-forced/51786.html?utm_source=PoweRelayEDM&utm_medium=Email&utm_content=Subscriber%2355677&utm_campaign=Daily%20Newsletter%2015%20Oct%202017
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" <ddatta16@gmail.com>
Date: 04-Jun-2016 13:05
Subject: Kind attention of President MCI - Pay Scales- Reg
To: <mci@bol.net.in>
Cc: <hfwminister@gov.in>, <connect@mygov.nic.in>
Respected MadamI 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.Yours sincerelyDr. D. DattaMD (Anatomy)NO.MCI-6(2)/2014-Med./MEDICAL COUNCIL OF INDIAGENERAL BODY3rd Session (continuing 139th session)MINUTES OF THE GENERAL BODY MEETING HELDON 26th & 27th MARCH, 2015992. Any other Item with the permission of the Chair.5. Be it resolved that the Council be vested with the authority of prescribingpay scales and service conditions of the full time medical faculty in variousmedical colleges in the country on the lines whereby the University GrantsCommission under the University Grants Commission Act, 1956 is entitledto prescribe pay scales and service conditions for full time teachers in thestream of higher education in the country by incorporating an entry u/s 33of the IMC Act, 1956 at seriatim (mb)12. Be it resolved that the President, Medical Council of India should takeinitiative through appropriate consultation to make an appropriaterepresentation pertaining to the accruable pay scales to full time medicalteachers in the country and also a separate higher scale for teachers ofthe super speciality courses before the 7th pay commission constituted bythe Govt. of India at an early date.
This is the link for the above Minutes of Meeting of MCI.
Please go through this Parliamentary Standing Committee, on Health and Family Welfare, report on the Functioning of the MCI. Interesting pages are in Chapter XI on Renumeration for Doctors and Medical Faculty, point (iv), page numbered 56, scrolling page 68/146 and page 39 to begin with. Infact the entire document is an eye-opener. This was presented in March 2016.
Please go through this link on Aadhaar, especially the Concerns and Feasibility part.
See this link on Aadhaar controversies.
And now see to what extent MCI can go to stretch this issue and create more harassment to Faculty.
And this is a summary of what Doctors across the country have to say about this re-re-re-registration dramas of MCI.
"Do they expect one to travel all the way from Kashmir to Kerala again, only for this purpose of Proving Credentials, to the same State Medical Council where one has already Registered both UG and PG degrees? Isn't this blatant harassment? In this digital age, where MCI is keen to show the world that it is embracing Technology, what sort of regressive step is this, that one needs to Physically verify oneself again? Can't all these verifications be done Digitally?
And what about the previous Smart Card issued a few years back after collecting 900 Rs? There is a limit to such wasteful procedures. None of these Regulatory Bodies are doing anything about Uniformity of Faculty Pay Scales and Service Conditions, instead such diversionary and wasteful measures are being dumped on the Faculty. A unique Number is a method of standardization, but again if Faculty Pay and Service Conditions are not standardized, such measures appear coercive with money making Objective and violate Constitutional Rights of Faculty, and will invite legal Processes in future."
Goods and Services Tax (GST) was rolled out, at midnight of 1st July 2017, coinciding with Doctors Day. My Honbl PM Shri Modiji calls it Good and Simple Tax (GST). Definitely this is a Historic moment for reforms in Indian Economy similar to Demonetisation and I fully support my Honbl. PM ji and the policies of Government of Indian Economic Reforms and growth.
In History this may be the first time a Nation collectively appears to be CELEBRATING a TAX. The common denominator for the Celebration appears to be the promise of a UNIFORMITY. The beauty is that if TAXES can be brought to a level of UNIFORMITY, why cannot the SALARIES?
In the same vein, post Demonetisation, the already irregular Faculty Processes have turned far worser. Salaries have dried up in majority of Colleges and the woes of Faculty have quadrupled? But who is listening?
Why does not anyone want to bring in UNIFORMITY?
Because such things 👇 will be affected.
The whole story is here 👇
Jai Hind 🇮🇳 🙏🙏🙏
At the time of applying for establishment of a New Medical College, Form A is scrutinised by the MCI. In addition to different parameters of land, buildings etc, the Annual Budget listing expenses towards running the college are also scrutinised. An important element of such expenses is the Salary related expenses. When a college shows that it has finances to pay its staff and Faculty, salaries according to pay scales, why is this not reflected on the ground? Why do colleges brazenly flout their own declarations to the MCI? Because college managements say that their budget goes haywire in paying off different categories of middlemen in the processes of setting up the Medical College and getting Permissions and Renewals to admit Students.
ReplyDeleteMCI penalises colleges for deficiencies, Colleges pay their way through courts and further middlemen and get Students admitted.
So see how beautifully a parasitic relationship thrives. At what expense? At the expense of Indian Medical Education.