Guidelines Necessary To Ensure Doctors Are Duly Qualified : Kerala High Court Seeks State's View

The Kerala High Court on Wednesday sought the views of the Government on a plea seeking guidelines to ensure that appointment orders of medical practitioners in the State are issued to selected candidates only after getting their educational certificates verified and authenticated by the Universities that have issued them. It directed the Government to file an affidavit in this regard. 

The Single Judge Bench of Justice P.V. Kunhikrishnan clarified that the same was not intended to "demoralize the hard working doctors in the state", but to ensure that there were no culprits in the profession. 

The Court was considering a petition alleging serious misconduct and willful misconduct on the part of a Junior consultant doctor (Gynaecology) at Kuarunagappally Taluk Hospital, which had resulted in the birth of a still born child. The 1st petitioner alleged that there were severe laches and willful negligence on the part of the doctor in attending to her at the relevant time. She averred that if the doctor had performed her duty in an ordinary prudent nature, the child could have been saved. 

It is also alleged that the doctor, who had claimed to have a Master's Degree in obstetrics and gynecology from Mahatma Gandhi Institute of Medical Science, Seva Gram, Maharashtra, had failed and did not complete the course and had thus forged the degree certificate.

The petitioners had thus filed the present plea, seeking a compensation of Rs. 20 lakhs from the errant doctor, and the issuance of specific guidelines or notification to ensure that appointment orders are issued to selected candidates only after getting their educational certificates verified and authenticated by the Universities or institution that have issued them. 

"If the facts alleged in this writ petition are correct, there will be apprehensions in the minds of public about the doctor’s community. It is the duty of the government to rule out these apprehensions and to create a doctor friendly atmosphere in our society. There may not be any doubt that the public health department of our state is a role model for other states in the country for which the government deserve appreciation. But the facts alleged in this case shows that, more scrutiny is necessary," Justice Kunhikrishnan observed at the outset. 

The Court was of the prima facie opinion that the doctor had committed serious criminal offences including misconduct.

It therefore opined that the matter had to be investigated by the Crime Branch, CBCID, and further directed the constitution of a special investigation team which is to file an Action taken report within a month. The Court cautioned the investigating team to probe the matter untrammelled by any observation in the Order. 

As regards the compensation to be awarded to the petitioners, the Court opined that the petitioners had made out a prima facie case for the same. 

Taking note of its decision in Manaf M v Union of India [2023 LiveLaw (Ker) 344], whereby the Court had stated that 'some legal battles are not worth winning', while awarding ₹8 lakhs compensation to a man who sustained a gunshot injury from a misfired service gun by a Railway Constable, the Court expressed its hope that the State government would also redress the grievance of the petitioner in the present case. 

"I am sure that the state government will also rise to the occasion and redress the grievance of the petitioner. The 1st respondent (State Government) will file an affidavit about the quantum of compensation that can be paid to the petitioner, within one month," the Bench added. 

The matter has been posted for further consideration on September 4, 2023. 

The petitioners were represented by Advocates S.R. Prasanth and Bhanu Thilak. The Government Pleader, and Advocates N. Raghuraj, P.C. Haridas and P.S. Govind appeared on behalf of the various respondents. 

Case Title: Sreedevi & Anr. v. State of Kerala & Ors. 

Click Here To Read/Download The Order