Calcutta High Court Bench comprising Justices Debangsu Basak and Rabindranath Samanta in the matter of Sri Nand Lal Tewari v. The State of West Bengal concerning the hampered Medical services to Public due to agitation by interns and medical students directed the health secretary of West Bengal to visit R.G. Kar Medical College and Hospital on October 29 and meet the Junior Doctors and medical students who are protesting.
Background
The Present Plea was filed alleging that due to agitation and protest by medical students, interns, and Junior Doctors the medical services to the Public are adversely affected and it required immediate action. Mainly, Approx 350 students and Doctors were protesting for reinstatement of the RGKMC union, a transparent hostel council, and more hostel beds for female resident doctors. Along with this, they demanded the resignation of the college's principal Sandeep Ghosh.
Submissions of the Counsel
Learned advocates for the petitioner submitted that by reasons of the agitation by a section of the interns and the students the medical services to the public at the R.G. Kar Medical College and Hospital stand affected. He requested the Court to put in measures so as to tide over the impasse
Learned Advocate General for the State submitted that there are issues with regard to ingress and egress of the medical staff and the public in general at the Hospital. The agitations were being carried on in such a manner that it impeded the medical facilities at the Hospital, and that the agitations were affecting the public interest.
Order of the Court
Hon’ble Bench after taking into consideration the matter into concern ordered that,
“Consequently, it would be appropriate to request the Health Secretary to meet the representatives of the respondent no. 8, not exceeding six in number on October 29, 2021 at 11.00 AM at the office of the Health Secretary. The Health Secretary is at liberty to hear such other parties that he deems appropriate. We hope and trust that the respondent no. 8 abides by the writing dated October 23, 2021. In addition thereto, we hope and trust that the respondent no. 8 will not take any measure so as to disrupt the medical facilities at the R.G. Kar Medical College and Hospital and maintain the sanctity of the silent zone at the Hospital and the Medical College”.
“It is clarified that the right to protest by the respondent no. 8 peacefully is not curtailed by this order”.
The order basically called for the health secretary to meet the Protestors but this order nowhere restricted the right to protest Peacefully.
Case Details
Case Title: Sri Nand Lal Tewari v. The State of West Bengal
Bench: Justices Debangsu Basak and Rabindranath Samanta
Read Order@LatestLaws.com
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