A Doctor Need Not Stand Up for MLA, Asserts High Court in Disciplinary Action Case Against Doctor

The Punjab and Haryana High Court has delivered a stinging rebuke to Haryana for initiating disciplinary proceedings against a doctor simply because he "did not rise when the MLA arrived" in the emergency ward during the Covid-19 pandemic. Expressing its "anguish," the court imposed Rs 50,000 costs on the state and directed immediate issuance of a no-objection certificate for the doctor's postgraduate course admission. 

Court's Strong Observations 

"With anguish, we note that frequent reports surface in newspapers of dedicated medical professionals being ill-treated by relatives of patients or public representatives without valid cause," the Division Bench of Justices Ashwani Kumar Mishra and Rohit Kapoor observed. "Time has come when such undesirable incidents are checked and due recognition is extended to sincere medical professionals." 

The case involved a casualty medical officer who secured sufficient marks for PG course admission. When he sought an NOC from the state to apply as an in-service candidate, the certificate was withheld on grounds that disciplinary proceedings were pending against him.

Disturbing Expectations

"We are anguished and amazed at the state action in issuing a show-cause notice to a government doctor on emergency duty during Covid-19 period only because he did not rise when the MLA arrived," the Bench stated. "To expect a doctor to rise when an MLA enters the emergency ward of the hospital and to propose disciplinary action against him if he does not rise is highly disturbing."

The court noted that the petitioner's explanation—that he didn't recognize the MLA or intend any insult—was completely ignored by authorities. This demonstrated the arbitrary nature of the proceedings initiated against a medical professional performing emergency duties during a pandemic.

Insensitive State Action

The Bench characterized the state's actions as insensitive, calling it equally arbitrary to deny the doctor his right to pursue higher medical education by withholding the NOC merely because a notice was pending. The court emphasized the challenging nature of medical education and the dedication required.

"Pursuing medical education is a tough challenge. Students must perform exceptionally well even to secure admission in MBBS course," the judges noted. "It is well-known that medical courses require deep dedication and commitment over prolonged periods. After completing MBBS and joining government service, a doctor is expected to provide medical facilities to the masses."

The court stressed that public representatives and others in positions of responsibility must extend respect and basic courtesies to dedicated medical professionals rather than expecting subservient behavior during emergency medical situations.