Justice N Kirubakaran of the Madras High Court has come down heavily on doctors pursuing PG degrees for going on strike recently..A writ petition had been filed raising hardships faced on account of non-availability of doctors in government hospitals. On hearing the matter, the Court passed interim orders restraining members of the Federation of Medical and Dental Students, RMMCH and Dental College, Annamalai University from carrying on their strike in an issue concerning payment of medical college fees..The petitioner, a taxi driver, submitted that he was forced to admit his pregnant wife in a private hospital for the birth of their child. While the petitioner usually availed of medical services at a government hospital for nominal rates, no doctors were available at the respondent-hospital to tend to his wife at the time, owing to the strike..Highlighting similar problems faced by patients, the petitioner has prayed that appropriate action be taken against the errant doctors pursuing their medical course at the institution, Rajah Muthiah Medical College..Justice Kirubakaran commented,.“Whether the Gods could go on strike? When the doctors who are considered and treated as Gods by the people, are striking their duty, definitely would mean that Gods are striking.”.The judge elaborated on the moral duties and ethical obligations cast on a doctor. In this context, it was emphasised that doctors cannot ignore their prime responsibility of treating patients, whatever be the reason..The Court observed that while there may be justified reasons for protest, a strike is not the way to express grievances..“Assuming for a moment that there are justifiable reasons for their demands, they should have undertaken the process of negotiation, failing which as educated members of the society, they should have faith in the judicial system and approached the courts for redressal. .Without resorting to such accepted, available legal remedies, the P.G students cannot blackmail the administration as well as the State Government by this kind of strike prejudicing the interest and rights of the public in general and ailing patients in particular, thereby affecting their rights guaranteed under Article 21 of the Constitution of India.”.Further, it was observed that seeing as how they receive a stipend from the government for their services, they would be going against their duties as public servants when they resort to such behaviour. The Court also held that such behaviour would amount to actionable misconduct under the MCI regulations..The striking students, forming part of the above mentioned Federation have been impleaded in the case. The matter has been posted for further hearing on October 23. In the meanwhile, the Court has ordered that the student-doctors cannot refuse or restrain others from providing medical treatment to ailing patients..Read copy of order below..Click here to download the Bar & Bench Android App
Justice N Kirubakaran of the Madras High Court has come down heavily on doctors pursuing PG degrees for going on strike recently..A writ petition had been filed raising hardships faced on account of non-availability of doctors in government hospitals. On hearing the matter, the Court passed interim orders restraining members of the Federation of Medical and Dental Students, RMMCH and Dental College, Annamalai University from carrying on their strike in an issue concerning payment of medical college fees..The petitioner, a taxi driver, submitted that he was forced to admit his pregnant wife in a private hospital for the birth of their child. While the petitioner usually availed of medical services at a government hospital for nominal rates, no doctors were available at the respondent-hospital to tend to his wife at the time, owing to the strike..Highlighting similar problems faced by patients, the petitioner has prayed that appropriate action be taken against the errant doctors pursuing their medical course at the institution, Rajah Muthiah Medical College..Justice Kirubakaran commented,.“Whether the Gods could go on strike? When the doctors who are considered and treated as Gods by the people, are striking their duty, definitely would mean that Gods are striking.”.The judge elaborated on the moral duties and ethical obligations cast on a doctor. In this context, it was emphasised that doctors cannot ignore their prime responsibility of treating patients, whatever be the reason..The Court observed that while there may be justified reasons for protest, a strike is not the way to express grievances..“Assuming for a moment that there are justifiable reasons for their demands, they should have undertaken the process of negotiation, failing which as educated members of the society, they should have faith in the judicial system and approached the courts for redressal. .Without resorting to such accepted, available legal remedies, the P.G students cannot blackmail the administration as well as the State Government by this kind of strike prejudicing the interest and rights of the public in general and ailing patients in particular, thereby affecting their rights guaranteed under Article 21 of the Constitution of India.”.Further, it was observed that seeing as how they receive a stipend from the government for their services, they would be going against their duties as public servants when they resort to such behaviour. The Court also held that such behaviour would amount to actionable misconduct under the MCI regulations..The striking students, forming part of the above mentioned Federation have been impleaded in the case. The matter has been posted for further hearing on October 23. In the meanwhile, the Court has ordered that the student-doctors cannot refuse or restrain others from providing medical treatment to ailing patients..Read copy of order below..Click here to download the Bar & Bench Android App
