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The seat clarified that the intent down the August 22, 2024 bid was that the protestation play would beryllium regularised and nary coercive steps would beryllium taken against the medics. (File photo)
The Supreme Court connected Wednesday came to the rescue of doctors who deed the streets pursuing the rape and execution of a inferior doc astatine R G Kar Hospital connected August 9 past year, and directed that those who returned to work aft August 22, 2024, should not beryllium treated arsenic absent and should beryllium considered connected duty.
The counsel appearing for AIIMS Resident Doctors Association submitted earlier a seat of CJI Sanjiv Khanna and Justice Sanjay Kumar, which took up suo motu proceedings initiated by the tribunal pursuing the rape and murder, that aesculapian institutions similar Post Graduate Institute, Chandigarh, AIIMS Kalyani and AIIMS Gorakhpur person regularised the play for which doctors were protesting, but immoderate others were treating it arsenic “on leave”.
The counsel submitted that this was contrary to the apical tribunal bid dated August 22, 2024, protecting the doctors from immoderate coercive enactment for taking portion successful the protests implicit the R G Kar incident.
The counsel submitted this would impact the aboriginal of the doctors preparing for station graduation and that “many PG students volition suffer their cut-off for further studies etc.”
Solicitor General Tushar Mehta pointed retired that Jawaharlal Nehru Institute of Postgraduate Medical Education and Research (JIPMER), Pondicherry, and immoderate others had treated the protestation play erstwhile the doctors were absent arsenic “on leave” period.
Taking enactment of the submissions, the seat clarified that the intent down the August 22, 2024 bid was that the protestation play would beryllium regularised and nary coercive steps would beryllium taken against the medics.
The seat said, “We deem it due to clarify that the play of lack successful lawsuit the protesting doctors person joined aft the bid dated 22.08.2024 volition beryllium regularised and not treated arsenic lack from duty. This absorption is issued successful peculiar facts and circumstances and shall not beryllium work arsenic laying down a precedent.”
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On August 22, 2024, a seat led by past CJI D Y Chandrachud had passed an bid saying, “an apprehension has been expressed by the doctors that immoderate of them are being proceeded against with respect to protests that happened successful the past. We are expecting that successful compliance with the assurance fixed to the court, the doctors volition articulation the duties. Let determination beryllium nary coercive enactment against doctors aft they travel backmost to enactment aft the day of today’s bid for immoderate protestation that happened earlier the day of today’s order.”
The doctors alleged that the determination to dainty the play of lack arsenic “on leave” was successful breach of this assurance.
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