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Judgment
THE only question that arises for consideration in this appeal is as ordered by the District Forum the complainant is entitled for a non -OYT Special Category for allotment of telephone.
THE appellant/opposite party contend that the complainant/respondent has not satisfied the requirements as provided under the rules for Non -OYT Special Category and the finding of the District Forum to the contrary is not correct. According to the complainant as a Registered Medical Practitioner he comes under Non -OYT Special Category. It is seen in Swamys Treatise on Telephone Rules (1993 Edition) at Page 104 that non -OYT Special Category can be provided ''for Doctor holding recognised degree or diploma in any approved system of medicine or surgery, qualified nurses and registered midwives (Dentists, Psychiatrists, Ayurvedic and Homoeopathic doctors if they hold a degree or diploma in the said field) are also eligible (No. 2 -29/78 -PHA, dated 30.6.81)''. As seen in Page 107 of the same treatise, under Rule 6 certain other personnel are also included and the rule reads thus : ''6. Inclusion of Naturopaths and Physiotherapists under Special category : - Naturopaths and Physiotherapists will be considered for registration under Special category provided they are registered by a National or State -level body or if they produce a degree or diploma certificate awarded at the National or State level.''
The complainant claims to be entitled to a special category for the reason that he holds a medical registration certificate is sued by the Central Board of Indigenous Medicines, Tamil Nadu. But this certificate shows that the certificate has been issued to the complainant as his name, is registered in Class B -II, Register of Medical Practitioners maintained by the Central Board of Indigeneous Medicine, Tamil Nadu. Under the heading ''instructions'', in this certificate as per Clause 6(ii) Class B -II, Practitioners are those whose qualifications denote atleast a minimum standard of professional training for undertaking Medical work only in pure Indigenous Medicine (viz.) Siddha/Ayurveda/ Unani). The work in pure indigenous medicine namely Siddha/Ayurveda/Unani does not satisfy the requirements for non -OYT Special Category as seen above under the rules. We are not in agreement with the District Forum when it says that the complainant has satisfied the requirements for non -OYT Special Category. Therefore, a sum of Rs. 1,000/ - awarded by the District Forum as damages cannot be sustained.
IN this view of the matter, the appeal is allowed, the order of the District Forum is set aside and the complaint is dismissed. There will be no order as to costs.