Madras High Court allows incentive marks for doctors, PG students who performed COVID-19 duty

The Madras High Court on Thursday upheld an order of the Tamil Nadu government that called for the grant of incentive marks to government doctors who had performed COVID-19 duty [Dr D Hariharan & Ors v. Union of India]..The order under challenge was introduced midway through the selection process for the post of assistant surgeons in the State.A Bench of Chief Justice SV Gangapurwala and D Bharatha Chakravarthy held that the departure from normalcy in every aspect of one’s life during COVID-19 extended to certain legal principles as well..The Court also extended such scheme for incentive marks to postgraduate medical students who had been on COVID-19 duty in government hospitals across the State.It said that the postgraduate students in COVID wards of government hospitals had put in as much effort as other medical officers and had equally put their lives at risk. Therefore, they deserved to be treated at par with doctors eligible for such incentive marks.."The present grant of incentive marks is also a fall out of the COVID-19 pandemic and therefore, we hold that the normal rule of changing the game during the course of the game also requires a different consideration in this context and the said rule cannot come in the way of grant of incentive marks to these Medical Officers who put their life at risk. Gratitude and recognition for service to mankind is very much part of our constitutional jurisprudence and if the incentive is not granted in the present selection, then it can never be,” the judgment stated..The Court was hearing a batch of petitions challenging the August 17, 2023 Government Order (GO) issued by the State granting incentive marks to those health professionals who performed COVID-19 duty in regular government appointments. The Court was also seized of another batch of petitions seeking the same benefits for PG medical students as well.Those opposing the GO argued that the decision to grant incentive marks had been taken after the written examination for selection of assistant surgeons had been completed and the rest of the selection formalities were already midway. The GO thus, was bad in law, they had argued..The examination for assistant surgeons was conducted on April 25 this year and the final answer key was released on June 23. On July 13, a group of doctors approached the Court seeking award of weightage marks for the duty rendered by them in COVID wards. Following the same, the State government issued the August 17 GO..Some doctors also argued that the GO was discriminatory since it excluded doctors from private hospitals who had also been treating patients during the pandemic.The PG students argued that they had to compulsorily show up for COVID duty, and therefore, they deserved such incentive marks..The High Court upheld the GO and dismissed the objections concerning the timing of the GO and the exclusion of private doctors.However, it agreed with the PG students that the GO's benefit should extend to them as well. “However, we do not find any error in the Government Order in G.O. (Ms).No.278, dated 17.08.2023 and it is only the interpretation given by the officials in the consequential order impugned in the Writ Petition, dated 23.08.2023 so as to construe the Government Order as excluding the Post Graduate on the ground that it is part of the training period is not in order. Besides, this incentive should doubly count in public interest also as these candidates are already Post-Graduates,” the Court said..The Court went on to clarify that PG students can approach the appropriate authority for getting COVID certificate."We make it clear that not only in respect of the Post-Graduate students who are the petitioners before this Court, but, in respect of all Post-Graduate students who were on COVID – 19 duty in Government Hospitals, can approach the appropriate authority mentioned in the Government Order for issue of COVID Duty Certificate within a period of 10 days from today," the Court stated..Advocate Suhrith Parthasarathy appeared for the doctors seeking incentives for PG students.Advocates Vineeth Subramaniam and V Pavel appeared for the doctors opposing the GO.Advocate R Thamaraiselvan appeared for the doctors seeking incentive marks for those from private hospitals.Additional Solicitor General ARL Sundaresan appeared for the Central government.Additional Advocates General J Ravindran and Ramanlaal, and Government Advocates TK Saravanan and L Murugavelu appeared for the State government..[Read order]