Not for courts to interfere with doctors' hierarchy: Delhi High Court refuses to entertain plea for centralized duty roster for doctors
1st June. 2021
The Delhi High Court on Tuesday dismissed a petition seeking the creation of a consolidated duty roster for healthcare personnel in the national capital, including residents doctors, in the wake of the COVID19 outbreak. (UOI vs. Dr Parth Bora and others). Chief Justice DN Patel and Justice Jyoti Singh of the Division Bench said that allocating responsibilities was not a process in which the court should intervene. There is a structure in place (amongst doctors). This is not a decision-making procedure. There should be as little interruption as possible. The Federation of Resident Doctors' Association, Aseemit Social Projects Foundation, and two doctors were the petitioners in court, alleging that the medical staff was underutilised or mismanaged. The petitioners' Senior Advocate Arvind Nayar argued that the current duty roster did not account for co-morbidities in individual doctors at the time of distribution. Some people served in COVID-19 wards four times, while others only served once, according to Nayar. As a result, Nayar claimed that the current system of allocating and utilising healthcare personnel needed to be updated and improved. The petitioners claimed that there were no clear, consolidated guidelines on the minimum and maximum work days and rest days for healthcare employees in the petition. It was also claimed that the current system did not take into account the medical status of healthcare personnel. In the end, the petition was withdrawn. Advocates Sarthak Maggon and Upasana Chandrashekharan filed the petition.