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This is an archive article published on June 29, 1998

HC quashes termination order

SURAT, June 28: Gujarat High Court has suspended the operation of an order of the Surat Government Medical College terminating the services ...

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SURAT, June 28: Gujarat High Court has suspended the operation of an order of the Surat Government Medical College terminating the services of Dr Azim Patrawala, a Master of Surgery student. Justice N N Mathur, while adjourning the matter to July 24, has asked the college dean to submit her compliance report by then.

Patrawala was terminated on charges of unruly behaviour by the College Council on April 27. The termination order, signed by dean Dr Geeta Agrawal, ended an indefinite strike launched by the Junior Doctors8217; Association, which alleged that its members were being terrorised by Patrawala.

The MS student was arrested by the Umra Police after being named in an FIR filed by two doctors, who alleged he had threatened them and broken into one of their rooms. Incidentally, Patrawala himself had lodged a complaint against two other doctors a couple of days before his arrest alleging that he had been beaten up by them.

While the council 8212; comprising heads of all the departments 8212; decided to terminate his services on the basis of the several complaints against him, Patrawala alleged before the secretary of health and medical education, that he had been framed by his seniors, and challenged the termination order in the High Court on the ground that he had not been given a chance to explain his side of the story.

After Agrawal and Patrawala appeared before the High Court on June 18 and 24 respectively, Justice Mathur noted in his oral order that after the hearings and perusal of the petition and other documents, 8220;the picture of medical profession which has emerged is indeed unfortunate and matter of concern.8221;

He further observed, 8220;The veracity of the allegations is still under investigation. However, it is difficult to even conceive of allegations and counter-allegations of resorting to violence armed with weapons like lathis, knives etc by the members of medical community in an operation theatre, inside or outside the hospital premises.8221;

Taking note of the four criminal cases registered with the police, the judge said abuses, attributions of motives, vituperative terrorism and defiance, rushing to the Press or police stations were no method to correct a person or malady in the professional community from whom society not only expects competence but also high morals.

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Frequent strikes, violence, greed for money etc had eroded the credibility and dignity of the medical profession, Justice Mathur observed, suggesting 8220;an urgent introspective therapy8221;.

He suggested that the dean convene a joint meeting of the members of the teaching faculty and students and all other concerned and apprise them of the feelings of the court. If there were any suggestions, they would be recorded without elaborate discussions, he added.

Maintaining that serious efforts were needed to bring peace and harmony in the medical college and the hospital, Justice Mathur said if necessary, sub-committees of representative characters could be be constituted by consensus, with the decision-making powers resting with the dean.

He further directed the evolution of a mechanism to avoid or minimise strikes under the chairmanship of the additional chief secretary of medical and health services. If necessary, the health minister, the law minister or the home minister could intervene too, he said.

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Mathur said efforts should be made to withdraw police and court cases, adding that if students were on strike for whatever reasons, they shall withdraw the same and their grievances immediately attended to by the authorities concerned.

Advocate N N Gandhi appeared for the petitioner.

 

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