The Orissa High Court has directed the state government to be cautious in developing and implementing health policy matters and to ensure that medical practitioners are not disrupted by it.
The observation was made by a single bench of Justice AK Mohapatra.
The Health and Family Welfare Department of the Odisha Government implemented a policy to retain post-graduate pass-out doctors so that their resources and services could be utilized.
The policy requires pass-out doctors to execute a bond to work under the Odisha Government for two years immediately following the completion of their PG degree.
Following that, the government issued a notification stating that more senior resident or tutor posts will be introduced in government medical colleges to accommodate PG pass-out doctors during their bond time, as well as provide the doctors with experience certifications as Senior Residents.
Subsequently, the doctors of a Government Medical College and Hospital were ordered to be deployed, but the order was never implemented.
The petitioners were aggrieved because their bond would be extended, and cause prejudice to them.
The High Court observed that the Opposing Parties’ decision to deploy the petitioner at the GMCH was reasonable in light of the public interest involved in the GMCH’s operationalization.
Furthermore, the single bench deemed it appropriate to advise the Opposing Parties that under no circumstances may the petitioners’ deployment time exceed the bond period or be prolonged in violation of the Government’s directives.
The bench further urged the opposing parties to consider payment of additional allowances/transfer allowances owing and admissible to regular Doctors/Government employees assigned to that district.
Lastly, the Court stated that the opposing parties must be more serious and act with promptitude when it comes to taking any policy decision in the Health Sector of the State.
“It was observed that although a decision was taken way back on 14.07.2021, granting sanction for creation of requisite number of posts Professors, Associate Professors, Assistant Professors, Tutors, Senior Residents etc. in GMCH, Bhawanipata, Kalahandi, no steps whatsoever was taken to see that such posts are filled up by selecting and recruiting eligible doctors to such posts. It is further observed that when the NMC visited and submitted its report by showing discrepancies, the Opposite Parties woke up from a deep slumber and hastily took a decision to transfer Senior Residents from SCB Medical College and Hospital, Cuttack to GMCH, Kalahandi. Such a hasty decision is bound to cause disruption and affect the functioning at the SCB Medical College and Hospital, Cuttack which is undoubtedly the leading hospital of the State having very large foot fall every day. Moreover, the last minute deployment and steps for recruitment through advertisement from open market creates a very poor image of the State Government,” the bench remarked.
As a result, the writ petition was dismissed.
