Complainant may approach State Medical Council against striking doctors, Delhi HC observes
May 26, 2022
New Delhi [India], May 26 : The Delhi High Court recently disposed off a Public Interest Litigation (PIL) seeking action against the striking doctors observing that the petitioner may approach the State Medical Council with a specific complaint.
The High Court noted that the petition was based on a newspaper report and without details of the specified instance of suffering by patient due to doctors' strike.
The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta disposed off the petition observing that the complainant may approach the State Medical Council with specific complaints setting out relevant details including details about specific instances of suffering by patients on account of the strike that took place in any hospital by the doctors employed therein.
"In our view, before any disciplinary action could be taken, it should be necessary for the complainant to, the first approach the State Medical Council to make out a specific grievance based on actual events since the same would be necessary for the council to take disciplinary action against an identified doctor who may have gone on strike," the high court order of May 20, 2022, reads.
The high court also said that press articles by themselves cannot be made the basis to take disciplinary action in the absence of specific details based on a duly instituted complaint. Even the order passed by the Supreme Court stated that in case of a strike by doctors the State Medical Council must be approached to take action against striking doctors. It should be necessary for the complainant to provide all particulars to the State Medical Council.
The PIL was filed by advocate Sachin Jain for the NGO People for Better Treatment seeking direction to the National Medical Commission to direct suitable disciplinary action against the erring doctors who were involved with the doctors' strike in different cities of the country in November 2021.
The petitioner had also sought a further direction to adopt stringent and necessary pre-emptive measures for prevention of doctors' strikes in future and a direction to widely publicise that doctors must not resort to strike under any condition. Disciplinary action should be taken against all striking doctors in accordance with the direction/orders of the Supreme Court.
