Service rendered by Super Speciality doctors during COVID-19 pandemic can be considered as bond duty: Madras HC
Chennai: Providing relief to five doctors who had attended COVID-19 patients during their Super-Specialty Course study, the Madras High Court bench has held that the COVID-19 service should be counted as their Compulsory Bond Period which they had been required to undergo compulsory government service after completing their course.
Holding that the refusal by the Government authorities cannot withstand judicial scrutiny, the HC bench opined that "it would also be discretionary as against the petitioners herein when they are compared with other medical professionals, who had actually completed their Post Graduate study as the petitioners."
Therefore, the bench has directed the Government authorities to accommodate adjusting the period already completed with the bond period and return their educational certificates within a period of three weeks from the date of order.
"I hold that the Government has to extend arm to them and adjust that particular service rendered towards the two years of bond service which they had to undergo. There is no refusal on their part to undergo the two years period but they only expect to seek adjustment of the period already spent while treating covid-19 patients," observed the HC bench.
"Every medical professional would appreciate the service at that critical period. Appreciation should be extended not only to those, who had completed the course but also to those who were studying in Super Specialty Courses. A student, who is studying in Super Specialty Courses had also exposed, would himself or herself to the infection. Taken into consideration the specialised courses which they were undergoing and the stage of their career, they could have easily avoided that duty and sought protection on the ground that they were students. The petitioners did not avoid the call for duty," it further noted.
Five doctors had filed the plea before the Madras High Court bench and sought a direction upon Government ESI Medical College and Hospital, Government Mohan Kumaramangalam Medical College Hospital, Government Villupuram Medical College, Government Medical College, Thiruvallur to relieve them from their service which they had agreed in separate bonds executed by them.
Further, the doctors also urged the medical colleges along with Government Stanley Medical College for returning their original certificates/documents along with their Super Specialty Degree Certificates.
After completing their MBBS and PG medical degree courses, these doctors had studied in various Post Graduation Super Specialty Courses. At the tome of admission, all of them had been asked to give the originals of their certificates - from school to medical courses, to the respective colleges. Further, they had been directed to execute a bond for a sum of Rs 50 lakhs with an undertaking that they would serve in the Tamil Nadu State for a period of two years after completing their Specialty courses.
Each of the petitioners had qualified themselves in one of the Super Specialty Courses, namely, DM (Neurology / DM (Medical Gastroenterology) and DM (Nephrology).
It was stated by the doctors that during the study of Super Specialty Courses, the COVID-19 pandemic initiated and consequently that all of them had been asked to serve as front line medical team to attend to the COVID-19 infected patients.
However, the doctors were serving COVID-19 patients during the study period of Super Specialty Courses. So, after they completed their courses, their bonds remained in force and as per the bond terms these doctors should serve the Government for a minimum period of two years after completing the Super Specialty Courses.
Therefore, approaching the High Court bench, the petitioner doctors prayed for adjustment of their duty done while they were attending COVID-19 patients while undergoing Super-Specialty courses. So, it is the prayer of the doctors that the COVID-19 service period gets adjusted with the Compulsory bond period, during which they are required to serve the Government.
It was contended by the doctors that the authorities do not have vacancies commensurate with the specialisations attained by them and that even if they do Government Service, they would only be accommodated in places where their specialisation would not be put to effective use.
On the other hand, the Government authorities contended that the petitioner doctors had to serve the Government for two years after completion of the course and they cannot take advantage of service rendered treating COVID-19 patients during their study and expect that period to be adjusted with the two years period.
However, the counsel for the petitioners argued that the Government Doctors, who had completed their Post Graduation, had been favourably considered by the Government and the COVID-19 service period was off-set with two years period of any Government Service. Therefore, the counsel for the petitioner doctors argued that when Post Graduates, who had rendered service by treating covid-19 patients were accommodated by the authorities, there was no plausible reason advanced for the petitioners to be denied of adjustment of that period.
After taking note of the submissions by both the parties, the HC bench noted that, "It is an admitted case that treatment of covid-19 patients, by Post Graduate students, post completion of their course is accepted as part of the two years bond period."
"The core issue is that the petitioners had actually volunteered, as medical professionals as front line warriors, helping out those, who had suffered from covid-19...The only aspect is that the petitioners were unfortunately studying Super Specialty Courses at that particular point of time. The core issue is thus the voluntary offering of medical service to treat covid-19 patients. Voluntarily offering themselves to treat covid-19 patients could be by Post Graduates and incidentally also by those who are studying Super Specialty Courses after completing their Post Graduates course," further noted the Court.
Holding that the petitioners studying Super Specialty Courses should not be held against them, the HC bench further noted that "If they had avoided giving treatment to Covid 19 patients on the ground that they are studying Super Specialty Courses then, the petitioners could be found fault with. But they had also undergone the same risk and had treated the patients. The concept of adjustment of that service rendered during covid-19 is to also appreciated. The risk which the medical professionals had put themselves while treating the patients during the first phase of covid-19 when vaccinations had not been discovered put every front line worker at risk. Many of suffered that risk."
"Viewed from the angle of rendering of medical service either as students of Super Specialty courses as professionals, who had completed Post Graduation and not studying doing Super Specialty Courses, I hold that the risk which the petitioners had undergone has to be equated with the risk of every other medical professional," opined the bench.
"The core element is purely offering services. If it had been so offered, then that fact should be appreciated. The only manner in which that could be appreciated is to adjust that particular service with the two years bond period is the argument," it further noted.
"I hold that the petitioners herein would be reasonably justified if they were to opine that they stood discriminated when compared with those Post Graduate, medical professionals, who were not studying Super Specialty Courses merely because they were students doing Super Specialty Courses," the bench observed.
To read the order, click on the link below:
https://medicaldialogues.in/pdf_upload/madras-hc-compulsory-bond-period-201173.pdf
