Ram Mandir Consecration | Madras HC Closes Plea Challenging JIPMER Hospital's Half-Day Closure On 22nd Jan Upon Noting Emergency Services Would Be Unaffected

The Madras High Court today held a special sitting to hear a plea challenging the half-day closure of Jawaharlal Institute of Postgraduate Medical Education & Research, Puducherry on account of the Ram Mandir Pran Pratishtha Ceremony to be held in Ayodhya tomorrow.

The Court disposed of the PIL upon noting the Union's submission that the hospital would remain sufficiently staffed and accept emergency cases even during the half-day closure.

A division bench of Chief Justice SV Gangapurwala and Justice Bharata Chakravarty had assembled for a special Sunday hearing to hear a plea by the petitioner challenging a circular issued on 19th January through an Office Memorandum by the Union Ministry of Personnel, Public Grievances, and Pension, declaring that JIPMER Hospital in Puducherry would observe a half-day and be functional only from 2:30 pm on Monday 22nd January on account of the Ram Mandir Pran Pratishtha Ceremony to be held in Ayodhya.

The plea was filed by R Raja, Founder of "Kalam Vidhaigalin Virucham Samuga Iyakkam 2018', an association against social injustice and inhumane acts reaching out to the downtrodden and needy people and uplifting them. Raja had challenged how a premier government medical institution such as JIPMER could remain closed for half a day and submitted that such an unforeseen and sudden closure would cause great hardships to patients who had scheduled medical appointments. 

In his petition, Raja had stated that the Hospital, being an essential service could not turn a blind eye to the needs of the people and suddenly decide not to work on a particular day. He added that this was against the medical ethics and vows taken by the doctor. He added that the sudden closure would lead to great hardship and loss to the public which may also result in casualties. He further added that an institute of such high reputation and pioneer in medical service should never resort to such closure suddenly. Raja had thus argued that the sudden decision to close the institute was arbitrary, irrational and violative of Articles 14 and 21 of the Constitution 

Upon going through the plea, the Bench asked ASG Sundaresan appearing for the respondents, whether the MRIs, scans, and other services which were initially scheduled for before 2:30 pm would be re-scheduled and taken up once normal services resume on the 22nd.

It was submitted by the ASG that while services such as emergency MRIs, and surgeries would remain unaffected, any elective medical care would be rescheduled to the earliest possible date.

It was also submitted that no regular surgeries had been scheduled for the 22nd morning and that all patients whose appointments stood rescheduled had been informed of the same. 

Petitioner requested the Court to ensure that even services for dialysis patients remain unaffected, and the ASG submitted that sufficient workforce would remain present in the morning to ensure that critical services were taken care of.

Accordingly, the Court disposed of the plea upon noting the ASG's submissions and held:

We have heard the matter. ASG was asked that if the surgeries are planned and they are not performed in the morning session then when those surgeries will be undertaken. ASG on instructions of the Deputy Director submits that on 22nd Jan, till 2:30pm there are no elective/planned surgeries fixed. He further submits that emergency services will run as usual and those requiring emergency surgery will be attended to. In view of the submission, the apprehension seems redressed. 

Counsel for Petitioner: Sr Counsel V Prakash for Advocate Mahesh Nandhu 

Counsel for Respondents: Mr.Ravi Kumar Government Pleader (Pondy), Mr.AR.L.Sundaresan Additional Solicitor General assisted by Mr.Srinivasamurthy Senior Panel Counsel, Mr.M.T.Arunan Standing Counsel

Citation: 2024 LiveLaw (Mad) 32

Case Title: R Raja v Government of Puducherry and Others

Case No: W.P.No.1429 of 2024