Bond Service: 100 MBBS doctors likely to move HC seeking quashing of FIR orders against them
Ahmedabad: Almost 100 Ahmedabad-based doctors are going to approach the Gujarat High Court soon seeking directions to quash the order of registering FIRs against them for not joining COVID-duties.
The doctors may file a petition in this regard before the High Court and make submissions that such a direction on the part of the commissioner of health to register FIRs against the doctors might adversely affect their reputation and also it may prove to be harmful to their future practice.
This comes after, almost 799 bonded doctors failed to join COVID duties despite the Government's order appointing them as Class-I posts of experts to deal with the shortage of manpower in the State. Although the order had been issued for 1,415 doctors, 799 doctors didn't join their duties as instructed.
Following this, the commissioner of health, medical services and medical education issued an order on June 20 to all district health officers and medical officers of the municipal corporations, and asked them to direct concerned police stations to lodge FIRs against these doctors under provisions of the Epidemic Diseases Act, 1897.
Medical Dialogues had previously reported that aiming to deal with the rapid surge of Covid-19 cases in the State, the Gujarat Health Department had issued an order directing over 1,242 MBBS graduates from various government and GMERS Trust-run medical colleges to report for Covid duties.
As per the order issued by the state health commissioner Jai Prakash Shivahare, the medicos had been asked to report to the respective district collectors or municipal commissioners for Covid duties. Failure to comply with the order would cost them actions under provisions of Epidemics Act.
The state government will initiate action under the Epidemic Diseases Act against the doctors who fail to join the "compulsory COVID-19 duty immediately", a notification issued by the state health commissioner Jai Prakash Shivahare had clarified.
As per the latest media report by the Times of India, the State Government on May 4 had issued orders for calling 1,415 bonded expert doctors to join Covid-19 duty and for their appointment as Class-1 posts of experts. However, not getting satisfactory response from the doctors, the commissioner of health had issued an order on June 20 to all district health officers and medical officers of the municipal corporations, asking them to direct concerned police stations to lodge FIRs against these doctors under provisions of the Epidemic Diseases Act, 1897.
The order had mentioned that 799 bonded doctors had failed to comply with the order and it also mentioned that 213 doctors worked at private hospitals.
"They studied in government medical colleges by paying nominal fees. It is their moral duty to serve the society and the state. They have not shown interest and tried to escape from their responsibility which is very unfortunate," the order stated, adding that with the rise of Covid-19 cases, services of these doctors became essential.
As per the report by TOI, the commissioner further clarified that these doctors who had executed bonds during their admission in medical courses were liable to face action. The order further mentioned that if the health officers failed in this task of registering FIRs against defaulting bonded doctors would also be liable to face disciplinary action under the State's service rules.
Now, after this order by the Commissioner, around 100 doctors are anticipating their next step and are planning to approach the High Court seeking directions to quash the order dated June 20 to register FIRs against the doctors for not respecting their bonds.