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The Bombay High Court on refusing the interim relief in an appeal against the alleged appointment of doctors at numerous Government hospitals for a single-year compulsory public service quoted that in this tough time, people in the rural parts need sufficient medical handling and that the court is of the view that doctors like the petitioners must consider the call for duty as a call for national duty, so as to help the troubled and the disadvantaged.
The two-judge bench of chief justice Dipankar Dutta and Justice G. S. Kulkarni noted that the issue justifies quick deliberation and ordered the defendants to file a counter within 10 days.
The court was studying the petition filed by three doctors who represented 92 other doctors. They stated that the list of assignments for compulsory community service was “arbitrarily prepared” without noticing the decision of a co-ordinate Bench of the High Court or the qualities of the applicants.
They wanted a setting aside of the list and a direction on the State to show all the available seats and allow the applicants to fill up their first choices, which would lead to their selection in agreement with their merit as till the academic year of 2019-20.
The court stated that the provisional requests made in the petition were also “substantially the same”, but instead of setting aside of the list a stay of the operation had been asked for. The court clearly stated that the interim relief will be granted only if a strong ‘prima facie’ case is made out in the requester’s favour. If a case of a standard that is much higher than the ‘prima facie’ case, the considerations of a balance of the case are totally in favour of the plaintiff and may approach the court to grant an interim relief even though it amounts to granting the final relief itself.”
In this case, the Bench noticed that a period of 9.5 months was remaining before completing the compulsory duty. Hence, the refusal to grant interim relief may not condense the writ petition to be infructuous.
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