On Tuesday, May 7, the Madurai Bench of Madras High Court (HC) held that medical duties performed by postgraduate resident doctors during the COVID-19 pandemic should be considered as bond service.
The HC bench comprising Justice GR Swaminathan was hearing a petition filed by a PG medical doctor who had approached the court asking that he be relieved from the bond service and that his original certificates along with the PG degree certificate be returned.
The petitioner joined a PG medical course as a non-service candidate and executed a bond undertaking to serve the Government of Tamil Nadu for a period of two years after completing the course. This bond period was later reduced to one year. He completed his PG course from Government Thanjavur Medical College in April 2022.
The petitioner argued that as a student, he had served COVID-19 duty. Therefore, the counsel argued that the COVID duty should be treated as bond service.
Reacting to the Madras High Court judgement, Dr Keerthy Varman M, General Secretary of Tamil Nadu Resident Doctors Association (TNRDA), said “The high court has given a perfect judgement on the matter. The government should consider the service done by postgraduate doctors during the COVID-19 pandemic. We are not against PG medicals doing rural service but the government is not ready to give the doctors postings in their qualified positions."
As reported by Medical Dialogues, while hearing the petition, the HC noted, “I hold that the Government has to extend an arm to them and adjust that particular service rendered towards the two years of bond service which they had to undergo. There is no refusal on their part to undergo the two-year period but they only expect to seek adjustment of the period already spent while treating COVID-19 patients.”
The bench said that appreciation should not only be extended to those who had completed the course but also to those who were studying in Super Specialty Courses.
“A student, who is studying in Super Specialty Courses, had also exposed himself or herself to the infection. Taking into consideration the specialised courses which they were undergoing and the stage of their career, they could have easily avoided that duty and sought protection on the ground that they were students. The petitioners did not avoid the call for duty," it had further noted.
