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The Delhi High Court today dismissed a plea seeking directions to quash the Delhi Government notification whereby the Doctors and other medical staff have been directed to function in single category, irrespective of their seniority and specialization in view of shortage of doctors and medical staff for treating Covid patients.

The Division bench comprising Chief Justice DN Patel and Jyoti Singh while dismissing the petition also imposed a cost of Rs. 5000 on the Senior doctor who had filed the petition.

Adv Payal Bahl for the petitioner Dr Ajazur Rehman, Chief Medical Officer at Guru Tegh Bahadur Hospital submitted that the notification is ultra vires since it has been issued without the consent of the Lt Governor of Delhi.  

It appears that the impugned order is purely based upon the public need and exigency specially looking into the Covid 19 pandemic situation in Delhi which is temporary in nature which will be made operative so long as covid 19 pandemic is there.

The Court however dismissing the petition said “Doctors who have specialization in a particular branch cannot be given exemption having regard to the war like situation which existed when the order was passed.”

The Court further observed “looking into the facts of the case and public exigencies, there is all power and authority to issue such an order. There is no want of jurisdiction or excess of jurisdiction in issuing the aforesaid order. Further, having regard to the increase in the number of covid patients and also looking at the facts that there is a smaller number of doctors and staff, the impugned order has been passed looking at the shortage of staff. Hence all have to perform the duties assigned by the govt of NCT Delhi”.

The Court also said that if any specialist or a doctor seeks exemption, such doctor is not suitable for the post.