Act against doctors who haven’t returned to work: Madras High Court

TNGDA informs the Madras High Court that it has called off the strike.

May 06, 2017 11:37 pm | Updated May 07, 2017 08:05 am IST - CHENNAI

CHENNAI, 11/04/2008: Madras High Court buildings in Chennai on April 11, 2008. 
Photo: V. Ganesan

CHENNAI, 11/04/2008: Madras High Court buildings in Chennai on April 11, 2008. Photo: V. Ganesan

A day after the Madras High Court suggested that the State government invoke the Essential Services Maintenance Act (ESMA) against government doctors who have been agitating against the implementation of norms laid down by the Medical Council of India (MCI) with regard to admission to postgraduate medical courses, the Tamil Nadu Government Doctors Association (TNGDA) informed the court of its decision to call off the strike.

Association’s assurance

Taking TNGDA’s assurance on record, the Vacation Bench of Justices N. Kirubakaran and V. Parthiban sought to know what the other associations taking part in the strike have decided to do. “If they have not withdrawn the strike, and if any doctor has not reported back to work, it is for the State to take action against them in accordance with the law,” the Bench said.

To this, Special Government Pleader Rajagopalan replied that the government was sincerely trying to settle the issue amicably.

On Friday – the 17th day of the strike — advocate A.K. Velan approached the High Court through a Public Interest Litigation petition, claiming that the doctors cannot be allowed to continue the protests as it would adversely affect the public, especially the poor, due to non-availability of immediate medical treatment.

The doctors should bear in mind that their strike would affect the society as a whole, and poor patients in particular, who entirely depend upon the public health care system, the judges said.

“They [doctors] should realise the importance of their profession to society, and that their services cannot be substituted by any other professional.”

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