Madras HC rejects plea for doctor's appointment at PHC, says it's a departmental matter

Madurai: Pointing out that appointments of medical professionals fall under the responsibility of the health department and not the judicial authority, the Madras High Court has refused to accept a petition seeking the permanent appointment of a doctor at the Thiruvathavur Primary Health Centre (PHC) in Madurai district.

While hearing the case, the court passed the directive after a case was filed by M Ayyanan, who pointed out that the PHC is currently run by a doctor visiting on deputation. He requested the court to order the government to appoint a full-time doctor and also fill the vacant posts of a health inspector and nurses at the centre.

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Turning down the plea, a division bench comprising Justice S M Subramaniam and Justice G Arul Murugan ruled that such appointments and postings fall under the purview of the health department and not the court. The judges said the government has the responsibility to ensure enough medical staff at PHCs for patient care, but the court cannot interfere in departmental decisions.

"Deputation or in-charge postings of doctors are matters of departmental administration, where the court cannot interfere. The government, however, is expected to ensure adequate medical staff at PHCs to provide treatment to patients," said the bench, as reported by TOI.

Stating that the court cannot, in the exercise of judicial power, direct the government to make permanent appointments, the bench dismissed the petition, while noting that such issues can be taken up by the department concerned.

Medical Dialogues recently reported that upholding an order passed by a single judge granting relief to a differently-abled Siddha practitioner belonging to a Scheduled Caste community by directing the government to appoint him to the post of Assistant Medical Officer (Siddha), the Madurai Bench of the Madras High Court dimissed the appeal stating that it found no infirmity in the order passed by the single bench.

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