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The Madras High Court has directed the State Government to constitute a “Monitoring Committee” to monitor & supervise the presence/attendance and assess the performance of the Government Doctors who desert their duties and responsibilities for developing their private practice and “Personal Enrichment” and also directed them regarding the maintenance of Government Medical Hospitals as per the prescribed norms and standards.
A writ petition was filed by a Government doctor who wanted to move out from the service which was dismissed by Justice SM Subramaniam. The court also stated that the resignation cannot be accepted by the competent authority automatically and it could either accept or reject the resignation.
A major concern about the issue at hand is the tendency of Government doctors who leave their job for personal development and enrichment after taking good advantage of all the Government resources for specialised qualifications and practical experiences, free of cost.The judge stated:
"When the Doctors had undergone the Speciality Courses or PG Courses, at the cost of the taxpayers' money and by providing an undertaking and after gaining experience from the Government Hospitals, they are bound to serve for the public and they have to show devotion to their duty as Medical Professionals"
There have been frequent complaints about the development of private practice by neglecting their public duty by the Government doctors. Government doctors have been deserting their public duty by way of unauthorised absence or by way of submitting resignations or applications of voluntary retirement. These circumstances are against the provisions of the Service Conditions Act and conducts denoted under “misconduct” under the Medical Council of India Regulations.
The Constitution of India is enshrined with the fundamental right of decent medical treatment to the citizens. The middle income group families or the “common poor man” are highly dependent on Government hospitals and thus face difficulty to get treated from reputed private corporate hospitals. The judge further added:
"The Government Doctors are gaining rich experiences at the cost of public money and even through public themselves, who all are attending Government Hospitals. Poor men are being used as 'Guinea Pig' for learning. Poor man's dead body is dissected and provided for learning. The Government resources and the life of poor men are under the mercy of these Government Doctors. If no adequate measures are taken to monitor the quality of treatment and performances are undertaken, the State is failing in its duty to uphold the right to life ensured to the citizen under Article 21 of the Constitution of India."
The State has been directed by the bench to recover requisite compensation from the Government Doctors who have violated the duties and responsibilities and the terms & conditions of their services they have taken advantage of from the public money for acquiring their educational and professional qualifications.
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