Madras HC : Offset Covid duty period with bond period

Chennai : The Madras high court  considering the service rendered by the five doctors pursuing super-specialty course during the Covid-19 pandemic has directed the Tamil Nadu government to adjust the period they spent in Covid service towards the 2 years bond period they are obliged to serve after completion of the course.  Justice CV Karthikeyan held that the Government should extend an arm to the doctors as there was no refusal to undergo the compulsory bond period but only a request to adjust the period already served during Covid-19.

The State had countered the plea by stating that the petitioner doctors cannot take advantage of the service rendered treating Covid-19 patients during their study and expect that period to be adjusted with the two years period.The court however disagreed with the submission of the respondents. It noted that the petitioners had voluntarily offered their medical services to treat the Covid-19 patients. While doing so, they had undergone the same risk that other medical professionals had undergone. The court thus agreed with the submission of the petitioners that they were being discriminated.

The court added that even though the petitioners could have easily avoided duty and sought protection by stating that they were students, they did not do so and instead voluntarily offered their services. Thus, the refusal by the respondents could not withstand judicial scrutiny as the same would amount to discrimination to the petitioner doctors. The court thus directed the respondents to adjust the period already completed and to return the educational certificate of the petitioners.