Decide Punishment for Dereliction of Duty of MBBS Interns: HC tells BHU
Allahabad: While considering the plea by MBBS Interns, whose duration of internship was increased for alleged dereliction of duty, the Allahabad High Court bench has asked the Vice-chancellor of Banaras Hindu University to consider their case sympathetically.
The VC of the University has further been directed to take a decision regarding the prayer of the students for reducing the punishment duration within a period of three weeks.
"In view thereof, writ petition on consent, is disposed of with liberty to the petitioners to make an application/representation against the order dated 29 April 2023, for further reduction of the punishment imposed. In the event, such an application is filed, the same shall be considered sympathetically, preferably within a period of three weeks from the date of filing of certified copy of this order along with copy of the writ petition," ordered the HC Division bench of Justice Suneet Kumar and Justice Syed Qamar Hasan Rizvi.
The High Court bench was considering a plea by MBBS students who are currently undergoing Internship at the Institute of Medical Sciences of the Banaras Hindu University.
Issuing an order 29 April 2023, the Director of the Institute cancelled the internships undertaken by the petitioners on the ground of dereliction of duty. Those MBBS students were asked to undergo fresh internship. Therefore, the internship already undertaken by the students had been cancelled.
Approaching the High Court, the petitioner intern doctors submitted that they have already qualified NEET PG exam. However, due to the punishment imposed on them, they would not be able to take PG medical admission.
While considering the case, the HC bench noted that the petitioners filed the review application as the punishment that had been imposed on them was too harsh and it would ruin their future.
However, taking a liberal view on the matter, the Vice Chancellor of the university reduced the punishment and noted that ‘cancellation of period of internship shall be for a period of four months, only, from 01.10.2022 to 31.01.2023 (and not for the entire duration)’.
Referring to this, the petitioners submitted before the Court that in this way, their punishment order would end on August 31, 2023. Therefore they would not be able to take admission to PG medical courses of various Universities and colleges including AIIMS. So, filing the plea before the court, the petitioner students prayed for reducing the punishment duration to a period of three months.
As per the latest media report by India Legal, the counsel for the University submitted on the other hand that the petitioners are allowed to approach the Vice Chancellor through the Director of the Institute. It was further submitted on the behalf of the University that it shall consider their case sympathetically and according to the Rules while also considering the career of the students.
Taking note of the submissions by both the parties, the HC bench gave liberty to the students to approach the authorities for further reduction of the punishment. The bench also directed the Universitty to consider such an application sympathetically within three weeks.
“In view thereof, writ petition on consent, is disposed of with liberty to the petitioners to make an application/representation against the order dated 29 April 2023, for further reduction of the punishment imposed. In the event, such an application is filed, the same shall be considered sympathetically, preferably within a period of three weeks from the date of filing of certified copy of this order along with copy of the writ petition. The order dated 29 April 2023 shall abide by the order to be passed on the representation”, the order mentioned.
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