Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 476 (MP)

Dr. Pankaj Grover v. State Of Madhya Pradesh And Others

2020-04-24

ATUL SREEDHARAN

body2020
JUDGMENT 1. On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing. 2. The present writ petition has been filed by the Petitioner who is aggrieved by the order dated 11/04/2020, by which the applicant and several other doctors have been transferred to Indore until further orders and placed under the command and control of the Chief medical and health Officer Indore. Indore district is facing an acute shortage of doctors on account of the exponential spread there of the COVID 19 virus. Learned counsel for the Petitioner has drawn the attention of this court to Annexure/P1 which is a protocol set by the State Government for the clinical and non-clinical staff, during the COVID 19 pandemic. 3. Learned counsel for the Petitioner has also drawn the attention of this Court to page 15 where, the protocol reads, 'service providers with underlying conditions (hypertension, diabetes or asthma) need to be given light duties away from the infected areas as they are more susceptible and have high risk of mortality' . It is submitted on behalf of the Petitioner that as per the protocol of the state itself, personnel suffering from diabetes are in the high-risk category and they ought not to be placed for frontline COVID 19 duties. Attention of the Court has also been drawn to documents which are annexed to the petition from page 23 to page 29 which are copies of treatment papers pertaining to the Petitioner which reflects that he is suffering from type II diabetes. Under the circumstances, the learned counsel for the Petitioner has submitted that the impugned order be set aside and the transfer of the Petitioner from Jabalpur to Indore be stayed. 4. The Ld. Advocate General appearing on behalf of the state has stated at bar, that the state shall ensure that the Petitioner is not given any frontline COVID 19 duties, looking at his health condition. However, he has opposed the setting aside of the impugned order. 4. The Ld. Advocate General appearing on behalf of the state has stated at bar, that the state shall ensure that the Petitioner is not given any frontline COVID 19 duties, looking at his health condition. However, he has opposed the setting aside of the impugned order. He has stated that there has been an acute shortage of doctors at Indore on account of the pandemic as all the doctors working for the State, are now focusing on the pandemic and so, there is an acute shortage of doctors to attend to patients with other afflictions. Therefore, the Ld. Advocate General has stated at bar that instead of setting aside the impugned order, the court record his submission that the Petitioner shall not be put on COVID 19 duties and instead would be assigned to treat such patients, other than COVID 19 patients, to ensure that he is not exposed to the pandemic. The Ld. Advocate General has also stated that in the event the Petitioner experiences any kind of health-related problems, he would be promptly attended to and given the best possible treatment available at Indore. He has also sounded an apprehension that if the court interference in such orders, it may open up the floodgates resulting in petitions being filed by doctors seeking to set aside orders of transfer to Indore in order to avoid being in the front line in the fight against COVID 19. 5. I am in respectful agreement with the suggestion and undertaking, put forth by the Ld. Advocate General. The State is therefore requested to ensure that the Petitioner is not given any duties associated with the detection, management and treatment of patients suffering or suspected to be suffering from the COVID 19 virus. The state is however at liberty to utilise the expertise of the Petitioner in the treatment of all such other patients with ailments other than COVID 19 cases. The Ld. Advocate General has submitted that the relieving order of the Petitioner shall be issued shortly. Upon receiving the said order, the Petitioner shall forthwith report to the Chief Medical and Health Officer at Indore and place before him a copy of this courts order and join duty there. With the above this Petitioner is finally disposed of.