Educational Certificates of all Govt Doctors Need to be Verified, says Kerala HC after negligence by DGO Failed Doctor

Ernakulam: Taking strong note of the negligence caused by a Diploma in Gynecology and Obstetrics (DGO) failed doctor, who was working at Kerala Government based on a forged MS degree, the Kerala High Court recently observed that there is a strong need for verification of all educational certificates of all Government doctors.

Last week, while considering the plea in this regard seeking guidelines to ensure that medical practitioners in the State are appointed only after due verification of their educational certificates, the Court sought the opinion from the State in this matter.

Clarifying that the direction was not to demoralize the hard-working doctors, the Single Judge bench of Justice P.V. Kunhikrishnan noted, "This is not to demoralize the hard working doctors in the state, who are our strength and pride. It is only to make sure that, culprits are not there in the profession and also to built confidence to the society."

The High Court bench made this observation while considering a plea alleging misconduct and willful negligence on the part of a Junior Consultant doctor (Gynaecology) at Karunagappally, which ultimately resulted in the birth of a stillborn child.

It was alleged by the petitioner that there were severe laches and willful negligence on the part of the concerned doctor in not attending to her, the patient, on time. The petitioner further claimed that if the doctor had performed her duty in an ordinary prudent nature, the child could have been saved.

Meanwhile, due to a suspicion regarding the competence of the concerned doctor, the petitioners enquired about the academic credentials and qualifications of the doctor, who claimed to have obtained MBBS, MS in Obstetrics and Gynaecology.

Consequently, the Directorate of Health Service of the State filed an application under the Right to Information Act before the Mahatma Gandhi Institute of Medical Science, Seva Gram, Maharashtra from where the concerned doctor claimed to have obtained her Masters Degree. He received a reply on 21.01.2020 stating that the doctor was admitted in their institute for DGO course during the year 2008-2010 and she failed in the said course and did not complete the said course.

Following this, the petitioner filed the plea and demanded a compensation of Rs 20 lakhs. Further, the petitioner prayed to the court to issue specific guidelines or notification to ensure that appointment orders are issued to selected candidates only after getting their educational certificates verified and authenticated by the Universities/institution that have issued them also to create a list of the candidates whose education certificates have not been verified and authenticated by the universities/institutions and enquire into the academic credentials of such candidates.

While considering the matter, the bench observed, "If the facts alleged in this writ petition are correct, there will be apprehensions in the minds of public about the doctor’s community. It is the duty of the government to rule out these apprehensions and to create a doctor friendly atmosphere in our society. There may not be any doubt that the public health department of our state is a role model for other states in the country for which the government deserve appreciation. But the facts alleged in this case shows that, more scrutiny is necessary."

The bench also took note of a statement filed by the Directorate of Health Service, in which a communication of the Maharashtra University of Health Science, Nasik to the DHS was produced. In the said communication, MUHS informed that the concerned doctor was not the student was passed M.S. (Obst & Gyanacology) from MUHS in July 2010. Further, on scrutiny of the Certificates submitted, MUHS informed that the said Certificates were not issued by the University and it revealed that the concerned doctor submitted forged documents and misused the name of MUHS.

Referring to this communication from MUHS, the High Court bench observed, "It is prima facie clear from the above communication itself that the 6th respondent committed serious criminal offences including misconduct."

Taking note of the Government's submission that a case was registered at Karunagappally Police Station, the bench opined that the matter needs to be investigated by Crime Branch, CBCID.

"I am of the opinion that, this case is to be investigated by the Crime Branch, CBCID. The State Police Chief will constitute a special investigation team to investigate this case within one week from the date of receipt of this order. Action taken report shall be filed by the investigating team before this court, within one month. I make it clear that the investigating team shall investigate the matter untrammelled by any observation in this order," ordered the court.

While considering the question of compensation, the bench opined that the petitioner had made out a prima facie case for compensation. At this outset, the bench referred to the HC order dated 20.07.2023 where the bench had observed that some Legal Battles are not worth winning, while directing the railway to pay compensation to a gunshot victim.

"I am sure that the state government will also rise to the occasion and redress the grievance of the petitioner. The 1st respondent will file an affidavit about the quantum of compensation that can be paid to the petitioner, within one month," observed the court.

In respect of the prayer seeking verification of documents of doctors employed in the state, the bench noted, "Certain guidelines is necessary to ensure that appointment orders of medical practitioners in the state are issued to selected candidates only after getting their educational certificates verified and authenticated by the Universities/institution that have issued to them. If necessary steps should be taken to verify the education certificates of all government doctors working as on today."

"The Government will state their views in this aspect also in the affidavit. Issue a copy of this order to the Government pleader, who will forward this to the first respondent and the State Police Chief," further mentioned the bench.

The matter has been listed for further hearing on 04.09.2023.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/kerala-hc-verification-of-documents-215387.pdf

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