This blog is a personal observation
on what I consider a completely misplaced circular issued by a statutory body
in Telangana, India. While it does not directly affect me or my professional
work in another state, it has serious ramifications for my colleagues in
Telangana and for the specialty of Oral and Maxillofacial Surgery (OMFS) across
the country.
The Telangana State Medical Council
(TGMC) issued a Public Notice dated 26/06/2025 and a Circular to all
universities and institutions dated 19/07/2025, directing that OMFS
trainees should not be posted in plastic surgery departments—despite
such postings being mandated in the curriculum. I do not wish to speculate on
the motivations behind these notifications, but I can unequivocally state that
they represent a violation of several established laws in the country.
1.
Jurisdiction of Regulatory Bodies
Oral and Maxillofacial Surgery is a
dental surgical specialty and is governed by the Dental Council of India
(DCI). In contrast, the National Medical Commission (NMC) and State
Medical Councils like the TGMC regulate the practice of medicine by those
holding an MBBS qualification.
India has multiple health
systems—such as AYUSH, pharmacy, nursing, and dentistry—each regulated by its
own statutory authority. The NMC is merely one among several such bodies
under the Ministry of Health and Family Welfare. It has no legal
jurisdiction over the DCI, nor does it hold a superior status. Therefore,
TGMC’s claim that the DCI ought to have obtained the NMC’s consent before
issuing curriculum guidelines is not only misinformed but reflects a
fundamental misunderstanding of its own legal powers.
2.
Defamatory and Misleading Tone
The tone and tenor of the
TGMC public notice are not just condescending but also factually misleading. By
undermining a well-recognized surgical specialty such as OMFS, the notice harms
the professional standing of its practitioners. The act of issuing a public
circular with false or misleading information opens the door to potential
legal action under tort and criminal defamation.
In Business Standard and Anr vs
Lohitaksha Shukla and Anr (Delhi High Court, March 22, 2021), the court
recognized that class defamation—targeting a group—is equivalent to
individual defamation. Hence, any affected individual or association has the
locus standi to initiate civil or criminal proceedings.
3.
Violation of Constitutional Rights
The TGMC’s directive infringes upon Article
19(1)(g) of the Constitution of India, which guarantees the right to
practice any profession. OMFS surgeons are being denied their right to
training and practice in a domain that is part of their officially mandated
curriculum. This is not just a professional setback—it is a constitutional
breach.
4.
Violation of Competition L
There appears to be a protectionist
motive behind this directive, possibly influenced by other specialties seeking
to limit competition. This raises red flags under the Competition Act,
2002, particularly Sections 3 and 4, which address anti-competitive
agreements and abuse of dominant position. It is troubling that a statutory
regulatory body is being used as a platform to further the interests of one
professional group at the expense of another.
5.
Undermining the OMFS Curriculum
The directive denies OMFS trainees
access to plastic surgery postings, which are explicitly required in the
MDS curriculum. This sets a dangerous precedent:
- Can a state medical council arbitrarily remove postings
in basic medical sciences from the OMFS curriculum?
- Can it unilaterally block access to medicine or general
surgery training?
These are not academic
questions—they go to the heart of professional training and inter-disciplinary
respect. The TGMC’s reasoning is both disingenuous and legally untenable.
Final
thoughts
These observations are based on my
understanding of the law and regulatory framework in medical and dental
education. I acknowledge that I am not personally aggrieved by this
notification and do not have locus standi to file a challenge. However, as a
former National Secretary and President of AOMSI, I view this
development with grave concern for the future of our specialty.
I trust that those directly
affected—and the professional associations representing them—will take appropriate
legal and institutional action to contest this breach.
While this content may be shared, I
take personal responsibility only for what is published on my blog domain.
George Paul
MDS, DNB, LLB, Dip. Med Law & Ethics
