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Doctors move SC to challenge ruling that implies doctors’ strikes are illegal
A special leave petition has been filed with the Supreme Court that challenged a recent judgement of Allahabad High Court. The judgement implied that strikes conducted by the medical fraternity in government hospitals is illegal and would attract harsh penalties.
The High Court came down hard on the doctors of the King George Medical University who went on strike opposing changes introduced in the PG admissions in the state.
The Hon’ble Court had observed thus in the case:
“Doctors in State Medical Colleges, Government Hospitals and similar other institutions funded by State from public exchequer have no legal or other right to deny to discharge their duties as doctor i.e. administration of medical treatment etc. to the patients. Any such action on their part would be patently illegal and would justify a serious action against them as permissible in law which would include denial of salary or allowance or honorarium etc. as the case may be. Further such activities of abstention, protest, strike etc. amounts to a serious misconduct justifying major penalty and also criminal and tortuous liability if any patient suffer on account of such action of such a doctor.”
A registered Trust concerned with medico-legal issues, Medico-Legal Action Group has protested the judgement on behalf of the medical profession by filing an appeal with the Supreme Court. The petitioner stated that the high court’s judgement was based on unverified newspaper reports and was impugned in light of different Supreme Court orders on doctors’ strikes.
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