Kerala HC directs State to ensure uninterrupted medical services amid doctors' boycott, closes PIL
Kerala HC Ruling Strengthens Regulation and Accountability in Healthcare
Thiruvananthapuram: The Kerala High Court has held that medical services are an essential public service and that the State has a responsibility to ensure they are not disrupted, even during disputes involving doctors or faculty members. While disposing of a public interest litigation related to an OPD boycott by medical college faculty, the court directed the State to ensure that outpatient departments and all critical medical services in government medical colleges across Kerala continue without interruption.
The Division Bench, comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., closed the petition after noting the steps taken by the State to maintain continuity of patient care. The court observed that healthcare services cannot be discontinued, particularly at public medical colleges, where large numbers of patients rely on OPD consultations, emergency care, surgeries, and other specialist services.
The public interest litigation was filed following an indefinite boycott of Out-Patient Department (OPD) services by medical college faculty that began in mid-February over pending salary dues. The matter was heard on March 5, 2026, with the petitioner appearing in person while the State was represented by the Senior Government Pleader.
The petitioner sought directions for the State government to ensure that OPDs and other essential services continued to function so that patient care was not affected.
During the hearing, the court took on record an affidavit filed by the second respondent pursuant to an earlier direction dated February 26, 2026. The bench recorded that “The affidavit filed by the 2nd respondent in terms of the earlier direction dated 26.02.2026 is taken on record.”
It further noted the steps mentioned in the affidavit, stating, “In the affidavit, it has been specifically stated that pursuant to the order dated 26.02.2026, instructions were issued to the Director of Medical Education to ensure that the functioning of all Government Medical College Hospitals is maintained without interruption, particularly in respect of Out-Patient Departments, In-Patient services, casualty and emergency services, intensive care units, labour rooms, operation theatres and all critical care and life-saving departments and daily monitoring mechanisms have been put in place.”
The court also took note of the arrangements made by the State to maintain clinical services during the boycott. It noted that “the non-striking faculty members, Senior Residents, Junior Residents and other available medical officers have been redeployed and duty rosters have been reorganised to ensure that specialist consultations, follow-up care, admission decisions and urgent procedures are carried out without interruption.”
While highlighting the importance of continuity of treatment, the court also recorded that “Special emphasis has been placed on ensuring that no patient requiring urgent specialist intervention is denied care.” The affidavit further explained that “arrangements are being made through internal redistribution of available specialists and through coordination among departments to ensure uninterrupted expert medical assistance.”
The court noted that broader system-level arrangements within the public healthcare network. The affidavit stated that “directions have also been issued to strengthen services in General Hospitals, District Hospitals and Taluk Headquarters Hospitals across the State.” It further recorded that “The Director of Medical Education has been directed to ensure that elective procedures, to the extent feasible, continue without undue delay and that emergency and life-saving procedures are given absolute priority.”
The bench also noted that hospital administrators had been given responsibility to maintain services, recording that “Instructions have also been issued that Principals, Heads of Departments and Superintendents shall be personally responsible for ensuring that there is no decline in essential medical services and that any lapse in ensuring continuity of patient care shall be viewed seriously.”
The High Court also observed that healthcare services fall under essential services. The judgment stated, “The medical services is one of the essential services as specified in the notification dated 25 March 2020, and it is the duty and responsibility of the State to ensure that the services provided by the State is not interrupted.” The court further added, “Steps should be taken against anyone disrupting such essential service.”
The Court stated, “In view of the steps taken by the State, we dispose of this writ petition directing the State to ensure that all medical services in the Government Medical Colleges across the State of Kerala shall continue uninterruptedly.”
To view the order, click on the link below:
