High Court Upholds Jurisdiction to Hear Junior Doctors' Posts

The West Bengal high court on Wednesday validated its jurisdiction to hear petitions from three junior doctors who challenged their postings by the state health department. The doctors, who had led protests last year, alleged that the postings were vindictive and that they were unable to choose institutions based on their merit list rankings.

Key Takeaways:

• The high court ruled that it has the authority to hear petitions from junior doctors Aniket Mahata, Asfakulla Naiya, and Debashis Halder, who challenged their postings by the state health department.
• The court stated that the junior doctors were not employed but deployed by the state to serve during their bond period.
• The doctors had alleged that they were unable to choose their institution of choice based on their merit list rankings and that the postings were vindictive.
• The state government had challenged the petitions, arguing that the doctors should have moved the state administrative tribunal (SAT) as they were state government employees.
• Justice Biswajit Basu held that it is an absurd suggestion that the Tribunal would be an appropriate forum to adjudicate the doctors' grievances.
• The doctors alleged that they had been posted to institutions far from their choices, with Mahata being sent to Raiganj Government Medical College and Hospital instead of RG Kar, Naiya being posted in Purulia instead of Prafulla Chandra Sen Government Medical College in Arambagh, and Halder being sent to Gazole Rural Hospital instead of Howrah district hospital.

Statistics:

• Three junior doctors, Aniket Mahata, Asfakulla Naiya, and Debashis Halder, approached the high court challenging their postings.
• The doctors were not employed but deployed by the state to serve during their bond period.
• 100% of the junior doctors who approached the court had previously led protests against the state.

Sources:

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