"Recognise Sacrifices Of Doctors During Pandemic" : Resident Doctors Pursuing PG Courses Move Supreme Court Seeking Waiver Of Final Examination

While highlighting the need for qualified Doctors who selflessly worked to manage the healthcare infrastructure during the pandemic, a group of 29 Doctors have moved the Supreme Court seeking directions for waiving the final examination of final year Post-graduate Medical Residents and constitution of a Joint Expert Committee for examining and recommending on their prayers.

The Petitioners have sought directions for promoting them as Senior Residents and Post-Doctoral students as soon as the scheduled tenure of three or two years gets completed, along with pay scale and other allowances.

The Petitioners have challenged the notifications issued by National Medical Commission on 22nd April and 27th April 2021 whereby on one hand it had advised the Medical Colleges to further continue taking the services of PG Final year Medical students/Residents to keep up the fight against the pandemic and on the other it advised the Universities to decide the time and method of Postgraduate Practical Final Examination.

The Petitioners have argued that the non waiver of final examination of the final year Post-graduate Medical Students and Resident Doctors, not conferring them degree without final exams in the current pandemic situation contravenes Article 14 and 21 of the Constitution particularly, when they have been denied any preparation time owing to their COVID duty.

"In the face of a pandemic like Covid-19, it is incumbent upon the Respondents, as their fundamental duty, to frame sustainable and effective policies, which looks after the interest of the post graduate Resident Doctors who have given their everything in fight against pandemic." the plea has stated.

The Petitioners, who are Resident Doctors pursuing PG courses and have satisfactorily completed their residency of three years have argued that despite there being no provision for extension of residency they are made to extend it without any legal basis.

While citing the Prime Minister's recent recommendation to extend services of Final year Resident Doctors to ensure adequate manpower to tackle Covid crisis, the Petitioners have argued that Respondents have failed to realise that PG and Super- specialty courses are for a fixed tenure and extensions are normally handed over as punishment for poor performance or for attendance shortage.

According to the petitioners, on top of extending their tenure which is 'akin to imposed failure', expecting the final year Resident Doctors to appear in final examination which is admittedly a gruesome exercise and requires tremendous preparation is adding 'salt to the injury'.

The present petition has been filed by Advocate Chandrashekhar A Chakalabbi, Dharmaprabhas Law Associates on behalf of the petitioners.

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