The Kerala High Court has ruled that medical services are an essential public service and must not be disrupted, even during disputes involving doctors or medical faculty. While disposing of a public interest litigation (PIL) related to an Out-Patient Department (OPD) boycott by faculty members, the court directed the state government to ensure that OPDs and all critical healthcare services in government medical colleges across Kerala continue without interruption.
The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V. M. closed the petition after taking note of the steps implemented by the State to maintain continuity of patient care.
Court Emphasises Continuity of Healthcare Services
The High Court observed that healthcare services cannot be halted, particularly in public medical colleges where thousands of patients depend on OPD consultations, emergency treatment, surgeries, and specialised care.
The court underlined that ensuring uninterrupted healthcare services is a fundamental responsibility of the State, especially during disputes that could affect patient treatment in government hospitals.
PIL Filed After Faculty Boycott of OPD Services
The public interest litigation was filed following an indefinite boycott of OPD services by medical college faculty members in mid-February 2026, reportedly over pending salary dues.
The matter was heard on March 5, 2026, where the petitioner appeared in person while the State government was represented by the Senior Government Pleader.
The petitioner sought directions to ensure that OPD services and other essential medical facilities continued functioning so that patient care would not suffer during the boycott.
Government Directed to Maintain All Critical Medical Services
During the hearing, the court took on record an affidavit submitted by the State government detailing the steps taken to maintain hospital services.
According to the affidavit, instructions were issued to the Directorate of Medical Education to ensure uninterrupted functioning of all Government Medical College Hospitals, particularly:
- Out-Patient Departments (OPD)
- In-Patient services
- Casualty and emergency care
- Intensive Care Units (ICUs)
- Labour rooms
- Operation theatres
- Other critical care and life-saving departments
The government also introduced daily monitoring mechanisms to ensure patient services were not affected.
Faculty and Residents Redeployed to Maintain Patient Care
To maintain medical services during the boycott, the State reorganised hospital duty rosters and redeployed available staff.
The court noted that non-striking faculty members, senior residents, junior residents and other medical officers were assigned duties to ensure that specialist consultations, admissions, follow-up care and urgent procedures continued without disruption.
The bench also emphasised that no patient requiring urgent specialist intervention should be denied treatment.
Additional Arrangements Across Public Hospitals
The affidavit further highlighted broader measures within the state’s healthcare network. Authorities issued directions to strengthen services in:
- General Hospitals
- District Hospitals
- Taluk Headquarters Hospitals
Hospitals were also instructed to ensure that elective procedures continue wherever feasible, while emergency and life-saving procedures are given top priority.
Additionally, hospital administrators—including Principals, Heads of Departments and Superintendents—were made personally responsible for maintaining essential medical services.
Healthcare Declared an Essential Service
The High Court also reiterated that medical services fall under essential services, referring to a government notification issued on March 25, 2020.
The bench stated that it is the duty of the State to ensure that essential healthcare services are not interrupted, adding that action should be taken against anyone responsible for disrupting such services.
Court Disposes of Petition With Key Direction
After reviewing the steps taken by the State government, the High Court disposed of the petition with a directive that all medical services in Government Medical Colleges across Kerala must continue without interruption.
