The Madhya Pradesh High Court has asked the doctors to withdraw the strike immediately and resume work while accepting their undertaking to withdraw the strike called to protest against Kolkata rape murder case of a doctor.
“We hope that the Junior Doctors Association, Madhya Pradesh shall give due credence to the assurance given on behalf of the State Government and withdraw their call for strike immediately to enable this Court to further address the issues”, the court order said.
In the meantime, they shall ensure that no patient in need of immediate attention and treatment is denied such assistance and treatment, the court order said.
“In view of the assurance given on behalf of the State Government, we urge the Junior Doctors Association, Madhya Pradesh to also withdraw their call for strike and resume duties”.
A division bench comprising Acting Chief Justice Sanjeev Sachdeva and Justice Raj Mohan Singh said “They are permitted to bring up their grievances and issues that they may have before this Court on the next date of hearing”.
The petitioner today moved an application for impleading “Indian Medical Association, M.P.
Shaskiya/Swashasi Chikitsak Mahasangh, Prantiya Samvida Medical Officers Association and Junior Doctors Association, Madhya Pradesh” as new respondents in the petition.
The court issued notices on the new respondents.
The petitioner contended that Indian Medical Association has given a call for token strike for one day by not providing OPD services and M.P. Shaskiya/Swashsi Chikitsak Mahasangh has also given a call for token strike by not providing OPD services for a period of one hour unless their demands
are met.
The Junior Doctors Association, Madhya Pradesh has given a call to shut down all Elective services (OPDs, Elective OTs, Ward Duties and Lab services) effective immediately, the court order said.
Junior Doctor’s Association Gandhi Medical College counsel Mahendra Pateria submited that there are several grievances of the doctors with regard to their security concern which are not being addressed by the Authorities. He on behalf of Junior Doctor’s Association, Gandhi Medical College undertakes that the strike call that has been given by the Junior Doctors Association, Gandhi Medical College shall be withdrawn immediately and they shall forthwith resume duties.
He submits that they shall produce the list of their grievances on the next date of hearing and request that the grievances be addressed by the Authorities Concerned. The undertaking is accepted, the Junior Doctor’s Association, Gandhi Medical College shall forthwith withdraw their strike and resume duties, the court order said.
Additional Advocate General H.S.Ruprah submitted that an office memorandum dated 16.08.2024 has been issued by the Government of India, Ministry of Health & Family Welfare, Directorate of Health Services directing, inter-alia, all Director/Medical Superintendent of Central Government Hospitals and the Institutes, Director All India Institute of Medical Sciences and all other AIIMS and Director/Principals of the All Medical Colleges that in the event of any violence against any healthcare worker while on duty, the Head of the Institution shall be responsible for filing an institutional FIR within a maximum period of six hours of incident.
Ruprah submitted that the State Government is also alive to the situation of the doctors and shall take all proactive steps to ensure the safety and security of all Medical Health Care Providers.
.
