Dr.G.R.Ravindranath Mbbs v. Principal Secretary To Govt
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.30926 of 2019 Dr.G.R.Ravindranath, MBBS .. Petitioner Vs.
1. Principal Secretary to Government, Government of Tamil Nadu, Health & Family Welfare Department, Fort St. George, Chennai 600 009.
2. The Director, Directorate of Medical Education, Chennai 600 010.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent authorities to strictly implement the notification dated 09.07.2015 issued by the second respondent and direct the respondent authorities to provide eight hours duty with shift system to the post graduate medical students and UG CRRI candidates in all medical colleges and hospitals and provide a mechanism or appoint high power committee to supervise and ensure continuous implementation of the eight hours duty and shift system and ensure no non-medical duty is imposed on Post graduate and UG-CRRI candidates.
For the Petitioner :
Mr.S.Thankasivan For the Respondents :
Mr.P.Muthukumar State Government Pleader
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The petition pertains to the strict implementation of a notification of July 9, 2015 issued by the Directorate of Medical Education to provide for eight hours duty per day on shift basis to post-graduate medical students and under-graduate https://hcservices.ecourts.gov.in/hcservices/
compulsory rotatory residential internship candidates at State hospitals and medical colleges.
2. There is no doubt that the provisions of the notification may have been breached during the emergency situation that arose both during the first surge of the pandemic and the deadlier second wave. However, the official respondents represented by learned State Government Pleader, Mr.P.Muthukumar, say that from or about February, 2021 there has been no violation and committees have been set up for individual complaints to be lodged before such committees in case a particular student has had to devote more than eight hours per day.
3. In the light of the above, the petition appears to have served its purpose. Merely because government hospitals and medical colleges may not be appropriately or adequately staffed, will not entail that post-graduate medical students or undergraduate interns would be subjected to additional hours and the situation should be monitored by the second respondent on a continuous basis.
W.P.No.30926 of 2019 is disposed of. There will be no order as to costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To:
1. The Principal Secretary to Government, Government of Tamil Nadu, Health & Family Welfare Department, Fort St. George, Chennai 600 009.
2. The Director, Directorate of Medical Education, Chennai 600 010.
+1cc to Mr.S.Thanka Sivan, Advocate, S.R.No.44473 W.P.No.30926 of 2019 RLD (CO) PR (08/09/2021) https://hcservices.ecourts.gov.in/hcservices/