Notification directing doctors, allied medical staff to function in single category challenged in Delhi HC
May 24, 2021
By Sushil Batra
New Delhi [India], May 24 : A petition has been moved in the Delhi High Court on Monday, challenging the notification stating doctors and allied medical staff to function in a single category.
The plea seeks quashing of the notification dated May 16, 2021, as issued by the Principal Secretary, Health and Family Welfare Department, the Government of NCT of Delhi.
The Bench of Justice Rekha Palli on Monday asked the Delhi Government counsel to take instructions in the matter and posted the matter for May 27.
Dr Ajazur Rahman, Senior Chief Medical Officer (N.F.S.G.) at Guru Teg Bahadur Hospital, through Advocate Payal Behl, submitted that the notification directing doctors and allied medical staff to function in a single category, irrespective of differences in their seniority and core medical specialisation, in the treatment of the COVID-19 patients is arbitrary.
The plea states that impugned notification would severely cast a negative impact on the treatment of the patients, and can potentially derail the entire medical/hospital administration system for the treatment of COVID-19 patients in government hospitals in the National Capital Territory of Delhi.
The mismanagement of the medical treatment of COVID patients by inexperienced doctors would lead to the violation of Article 21 of the Constitution of India, so the impugned notification is arbitrary and would lead to chaos in the administration of the health system, the plea read.
"It is submitted that the approval for the said impugned notification is an act of ultra vires due to lack of constitutional jurisdictional authority for the office of the Health Minister of the Government of NCT of Delhi under the aegis of the Government of NCT of Delhi Act, 1991."
The petitioner submitted neither the office of the Principal Secretary Health and family welfare department nor the office of the Health Minister of the Government of NCT of Delhi are not empowered to take such a decision.
It is further submitted that no consultation made with the Union of India before making such drastic changes, read the plea.
