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HC dismisses plea to appoint Dialysis Technicians in Govt Hospitals

Madras High Court
Madurai: The Madurai Bench of the Madras High Court recently dismissed a Public Interest Litigation (PIL) that sought the appointment of a sufficient number of permanent dialysis technicians in government hospitals across the state. The Court noted that matters related to the creation of new posts and recruitment are within the government's policy jurisdiction.
The petition was filed by activist C. Anand Raj of Madurai in 2024, who raised concerns over the quality of dialysis treatment provided in government hospitals.
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According to TOI, activist C Anand Raj of Madurai said in a public interest litigation petition filed in 2024 that dialysis treatment was being carried out in govt hospitals with temporary staff and trainees. This would affect the quality of treatment for patients. Since there was a shortage of dialysis technicians in all govt hospitals in the southern districts, he had moved to court seeking direction in this regard. Earlier, the director of medical education and research (DME) submitted a proposal to the govt justifying the creation of dialysis technician posts.
The bench, consisting of Justices J. Nisha Banu and S. Srimathy, passed the order after hearing submissions from the government counsel, who argued that the Tamil Nadu government had already implemented a policy decision in 2020 prohibiting the creation of new posts in any department. As a result, the judges clarified that the court cannot compel the government to create new positions through judicial orders.
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However, when the matter was presented before the current bench, the government counsel clarified that there was no shortage of dialysis technicians in state-run medical institutions. The counsel highlighted that the state had already taken proactive steps to address the issue by recruiting 158 permanent dialysis technicians to staff the existing dialysis units across the state.
Additionally, 268 dialysis technicians had been recruited through the Medical Recruitment Board (MRB) and the Chief Minister's Comprehensive Health Insurance Scheme (CMCHIS), while 240 students were working as interns to gain practical experience in dialysis care. The government counsel, further citing the ban, requested the dismissal of the petition.