Telangana HC allows doctor accused in suicide case to Appear for Exam Despite Attendance Shortage
Telangana High Court
Hyderabad: Upholding the Single judge bench's order, a Division bench of the Telangana High Court recently granted relief to a doctor by allowing him to appear in the postgraduate degree (MD or MS) regular examinations in January 2025 despite his attendance shortfall.
The petitioner doctor, enrolled for the MD Anaesthesia course at Kakatiya Medical College, was suspended for abetting suicide of another doctor. Due to this suspension order, there was a shortfall of attendance, resulting in the doctor's disqualification from appearing in the PG examination.
Even though the Kaloji Narayana Rao University of Health Sciences (KNRUHS) had challenged the Single Judge bench's order granting relief to the doctor, the Division bench comprising Chief Justice Alok Aradhe and Justice J Sreenivas Rao dismissed the plea while clarifying that the petitioner doctor would undergo special training if required by either the University or the College and that his participation in the exam would be subject to such special training.
Medical Dialogues had earlier reported that a junior doctor pursuing PG in Anaesthesiology at Kakatiya Medical College (KMC), Warangal, allegedly attempted suicide by taking some injections, reportedly after being harassed by one of her seniors. She was undergoing treatment at Nizam's Institute of Medical Sciences (NIMS) Hyderabad and unfortunately passed away on 26th February 2023. Her family alleged that she attempted suicide because of harassment by a senior doctor.
Accused of this, the petitioner doctor was booked for the offences punishable under Sections 306 and 354 of the Indian Penal Code, 1860, and Sections 3(1)(r), 3(1)(w)(ii), 3(2)(v) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Further, he was suspended by the college by a notice dated 09.06.2023.
However, the doctor challenged this notice before the High Court, which on 11.09.2023 set aside the suspension order while granting liberty to the college to initiate fresh proceedings against the doctor by adhering to the principles of natural justice by providing reasonable opportunity. The College was also directed to comply with the procedure prescribed in the National Medical Commission (Prevention and Prohibition of Ragging in Medical Colleges and Institutions) Regulations, 2021.
Thereafter, the college issued notices dated 25.09.2023 and 26.09.2023 to the doctor and asked him to submit an explanation as to why disciplinary action should not be taken against him. Thereafter, the doctor approached the High Court challenging the validity of the show cause notices. The Single Judge, by an interim order dated 03.10.2023, directed the college not to take any coercive steps against the doctor for two weeks. Further, the college as directed to consider the reply dated 29.09.2023 submitted by the doctor. Thereafter, the college issued notice, by which the doctor was permitted to join college on 04.10.2023.
Following this, on 16.10.2023, the College served a notice to the doctor directing him to submit his answers to a set of questions. The doctor was informed by the college that his answers would be placed before the Anti-Ragging Committee. Later, after considering the remarks of the doctor, the Committee submitted its recommendations, based on which the doctor was issued a show-cause notice and the doctor was later informed of the decision taken in the Committee's meeting.
Thereafter, the doctor filed a plea and the Single Judge bench by an interim of dated 20.11.2023, directed the doctor to submit a detailed explanation in writing to the College within a period of two weeks from the date of receipt of a copy of the order. The College was asked to consider the reply which the doctor may submit to the show cause notice dated 13.11.2023 within four weeks.
Complying with this order, the college furnished a copy of the minutes of the committee's meeting to the doctor and directed him to submit an explanation. After considering the same, the college suspended the doctor from the college. However, when the doctor challenged the order, the Single Judge bench suspended the operation and effect of the order and directed the college to permit the doctor to attend the college.
During the pendency of the plea, the University issued the examination notification and when the doctor sought the attendance certificate from the college, the college mentioned in the certificate that the doctor had been absent for 227 days. Now, challenging the attendance certificate the doctor moved HC and the Single Judge bench on 10.12.2024 set aside the order of suspension dated 08.01.2024. The College was directed to upload the attendance particulars of the doctor and to allow him to appear in PG exam in January 2025 by marking attendance for the period from 20.02.2023 to 03.10.2023.
Challenging this order, the University approached the Division bench of the High Court and argued that the doctor had not attended classes and therefore he could not have been permitted to appear in the examination.
While considering the matter, the Division Bench of the High Court noted that
"It is a well settled legal proposition that a person cannot be allowed to take advantage of his own wrong. In the instant case, the order of suspension was passed against the respondent No.1 on 09.06.2023. However, the aforesaid order of suspension was passed without complying with principles of natural justice and in violation of the Regulations. Therefore, a Bench of this Court, by an order dated 11.09.2023, passed in W.P.No.15669 of 2023 set aside the same and granted the liberty to the College to proceed afresh. It is also pertinent to note that the respondent No.1 had submitted a representation on 13.09.2023 to the College seeking permission to attend the classes. However, the College did not permit him to attend the classes. Therefore, the University as well as the College cannot be permitted to take advantage of the wrong committed by them."
"In any case, the learned Single Judge has granted the liberty to the College to impart training to the respondent No.1, if it is so required. Needless to state that the respondent No.1 shall undergo such special training if required by either the University or the College and the participation of the respondent No.1 in the examination shall be subject to the respondent No.1 undergoing the special training which may be conducted by either the University or the College for him," it further observed.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/telangana-hc-order-268311.pdf
Also Read: PG Medico Suicide Case: Telangana HC takes up incident as PIL, issues notices
