Chennai: Holding that authorities cannot exercise their “right of lien” over the educational certificates, the Madurai bench of Madras High Court recently directed the Dean of Government Chengalpattu Medical College Hospital to return the original certificates of a doctor. Further, the HC bench of Justice G.R. Swaminathan also directed the authorities to relieve the doctor from bond service.

After completing MBBS, the petitioner doctor got admitted to MD Paediatrics course at Changalpattu Medical College Hospital. At the time of admission she executed a bond undertaking to serve the State of Tamil Nadu for two years after completion of the course. In the event of failure to honour the undertaking, the petitioner was liable to pay a sum of Rs 40 lakhs towards liquidated damages. Later, the bond period was reduced to one year and the quantum of the damages to Rs 20 lakhs.

However, the petitioner doctor argued that while pursuing her PG medical education, she rendered “covid duty”, which she wanted to be treated as bond service. She relied on the certificate issued by the Dean of the Medical College in this regard. She argued that this certificate was issued to avail incentive marks in the recruitment process being conducted by MRB for the post of Assistant Surgeon.

At this outset, the bench referred to the court order dated 25.04.2024 in the case of Dr. Yedupati Kondala Rao where after referring to the earlier orders passed by the Madras High Court, the court had concluded that the covid duty performed by the P.G. students shall be treated as bond service.

“Having held so, the question of going into the purpose of issuance of certificate need not be gone into. I however refrain from going into the factual aspects,” observed the Court.

Noting that only the Dean of the college could certify the period for which the petitioner rendered COVID duty, the Court further observed that the counsel for the authorities pointed out that the certificate relief by the petitioner made it appear as if she had done COVID duty up to 15.05.2023. 

“Of-course, this is improbable. It is for this reason, I leave it to the fourth respondent to re-visit the issue and determine the actual period for which the petitioner carried out covid duty,” the Court observed in this regard.

However, going back to the primary issue- the question of whether there can be a lien on the petitioner’s certificates, the bench cited the Supreme Court’s order in the case of R.D. Saxena vs Balram Prasad Sharma and the single-bench HC order in the case of A. John Paul Vs. State of Tamil Nadu.

Holding that educational certificates cannot be retained, the single judge bench had specifically held that the Certificates, Mark Sheets, and Conduct Certificates are all properties which cannot be transferred at all. The property which is transferable alone can be transferred. Even by means of an agreement a property which cannot be transferred cannot be a subject of transfer under the guise of the agreement.

“The right of lien has been set out in Sections 170, 171 and 221 of the Indian Contract Act, 1872. Section 170 talks about Bailee’s particular lien. Section 221 states that Agent has lien on the principal’s property under certain circumstances. Obviously, the respondents are neither “bailees” nor “agents”,” the Court observed.

The Court noted that the authorities argued that since there was an express contract providing for lien, they were entitled to retain the certificates of the petitioner. “This argument overlooks a fundamental element. Section 171 which can be the only source of the right of lien makes abundantly clear that this right can be exercised only on goods. R.D.Saxena had already authoritatively laid down what can be characterized as goods. The defence of the respondents fails the Saxena test,” the Court observed in this context.

Therefore, granting relief to the doctor, the Court also directed the authorities to formally relieve the petitioner from the bonded service. It ordered,

  “I hold that the respondents cannot exercise the right of lien over the petitioner’s educational certificates. The fourth respondent is directed to return the petitioner’s original certificates forthwith and without delay. The second respondent is directed to formally relieve the petitioner from the bonded service. This shall be done within a period of four weeks from the date of receipt of a copy of this order.”

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-high-court-order-247254.pdf

Also Read: Medical Degree Certificate not Marketable Commodity, cannot be withheld for unfulfilled bond terms: HC

Kolkata: It was certainly a black day for the medical fraternity when a lady doctor, pursuing PG Respiratory Medicine, was found dead under mysterious circumstances in the seminar hall of the city-based R G Kar Medical College and Hospital. Her body was found in half-naked condition with several injury marks, raising suspicions of brutal rape and murder.

The inquest report prepared by the police recorded bleeding from both the eyes and her mouth, injury on the face and nails, bleeding from her genitals, and several other injury marks in different parts of the body. 

Reportedly, the doctor was on duty and after completing her 36-hour shift, she went to study in the seminar hall, from where her body was recovered in the morning by the hospital staff.

Following the brutal incident, doctors in Bengal have taken to the streets protesting against the horrific incident demanding justice for the deceased doctor Aishwarya (name changed). Doctors from across the nation have extended their solidarity and given a call for a nationwide agitation and demanded the intervention of the Prime Minister.

This horrific incident of suspected rape and murder of a lady doctor, a pulmonologist in the making, questions the safety condition of the female doctors working in hospitals across the State and the country.

Are Women Doctors Safe? 

Night duties are a regular part of the job description of a resident doctor, irrespective of their gender. This is a requirement every doctor has to fulfil while pursuing their education. However, in light of this recent incident, doctors have started wondering if just wandering into an isolated area at night can turn out to be fatal for female doctors. 

What Did the Inquest Report Say? 

As per the initial inquest report prepared by the police, the deceased doctor was lying on a “blue mattress” in a “half-naked condition”. Her jeans and undergarments were lying beside her body. A hair clip and a pair of broken spectacles were also found beside her body. 

The report further mentioned that there was bleeding from both eyes of the doctor, her mouth and vagina. Injuries were found on her face, nails, left leg, belly, ankle, right hand ring finger, lips and other parts of her body. There were multiple hairs on the mattress and blood was soaked on the blue mattress, added the report.

No CCTV, No Protection: 

Speaking to the media, the deceased doctor’s mother said that Dr Aishwarya (name changed) was alone inside the seminar hall at night and there was no CCTV camera.

When asked about the issue of security of women doctors, a recent MBBS graduate from the hospital told Medical Dialogues, on the condition of anonymity, “The question of security does not only concern the lady doctors but any doctor in general. In the morning, there are people and obviously, the problems are lesser. However, we often notice security lapses at night in the hospital. During the night hours, adequate security personnel are not there, and allotted staff, as per the roster chart, sometimes remain absent.”

He further added, “The hallways leading to the seminar hall are found empty in the night because the staff members including the sisters, group D staff retire to their rooms. Although the interns and doctors have other rooms, if someone enters forcefully, who will restrict them?”

While commenting on the safety situation at the hospital, he added, “What is scary is that the incident happened inside the hospital, not outside. This is a matter of life and death now. Anyone can be murdered now… This is intolerable and unacceptable.”

Strike Announced: 

Protesting against the incident, doctors have taken to the streets in Kolkata. Medical Services at RG Kar Hospital has taken a hit as all intern doctors, housestaffs and resident doctors have announced a casework at the hospital and there is also an ongoing protest from the general students.

Today, a protest rally is being organised at the hospital by the doctors’ association at the hospital, where representatives from other colleges may also join. 

“This tragedy is a grave reminder of the dangers that healthcare professionals, particularly women, face in our hospitals. It is unacceptable that those who dedicate themselves to saving lives are left vulnerable due to inadequate safety measures. We urgently appeal to all medical colleges and hospitals across India to stand with us in demanding immediate action. We demand the immediate identification of the culprit and swift, strict action to ensure justice is served without delay. Along with that We also need proper on-call facilities, round-the-clock security in all wards, and strict accountability for the protection of healthcare workers,” read the official statement from the Resident Doctors of RG Kar Medical College, Kolkata.

Apart from this, doctors in general also held a demonstration in front of the Emergency Building, demanding the arrest of the ‘real culprits’ and complete clarity and answers from the police. They demanded clarification of the status of the judicial enquiry formed for investigation. Further, they demanded that the post-mortem report be released immediately and fast track court should be formed for exemplary punishment of the culprit at the earliest.

Other demands of the doctors include deploying adequate police personnel inside hospital premises, installing CCTV cameras for 24×7 monitoring and restricting unauthorised entry into Doctor’s rooms and seminar rooms

Most of the departments at Calcutta National Medical College and SSKM Hospital have also announced pens down in protest of the incident, keeping all the services, apart from emergency services, suspended.

Doctors Allege Hush-up: 

Meanwhile, doctors are reportedly alleging that it is being endeavoured to hush up the real issue and investigation politically. Allegedly, the parents of the deceased doctor Aishwarya (name changed) were made to witness her autopsy so they asked not to cut their daughter and conduct proper tests. They are also allegedly being politically pressurised to accept the postmortem report so the actual truth remains hidden.

Sources informed on the condition of anonymity that a male Group D staff from the Chest Department was taken for questioning. While waiting for further updates in this regard, they have expressed their concern as no clarity has been produced on what grounds the detention has been made, or if inquiries have been made about others involved.

Solidarity of Doctors Across the Country: 

Meanwhile, doctors across the state and nation have extended their solidarity to the ongoing protest demanding immediate action against the culprits. Indian Medical Association, Siliguri has demanded Capital Punishment for the assailants highlighting that this case is more horrific than the “Nirbhay Case” or other cases of rape and murder in India.

West Bengal chapters of the Association of Radiation Oncologists of India and the Pediatric Surgery Association have also raised the issue to the authorities demanding justice.

Further, from across the nation, the Post Graduate Institute of Medical Education & Research, Chandigarh, the Resident Doctors’ Association at the All India Institute of Medical Sciences, New Delhi, Federation of Resident Doctors’ Association (FORDA), Federation of All India Medical Association (FAIMA), Indian Medical Association Junior Doctors’ Network (IMA-JDN) and RDA Maulana Azad Medical College have also extended their solidarity to the protesting doctors and demanding justice for the deceased doctor. FORDA has given a call for a nationwide shutdown of services across the institutes in the next 24 hours if due cognizance is not taken by the authorities.

The National Medicos Organisation (NMO) wrote to the President of India demanding immediate appointment of competent officers to investigate the matter impartially on a fast-track basis.

Action Taken So Far: 

Meanwhile, the college has set up an Enquiry Committee under the chairmanship of (Prof) Dr. Bulbul Mukhopadhyay, Dean of student affairs, RGKMC, Kolkata. The HoD of Respiratory Medicine has been asked to cooperate with the committee and police personnel for investigation. An FIR has been lodged by the college.

Also Read: Kolkata Shocker: PG Chest Medicine student at RG Kar Hospital Found Dead, Doctors seek CBI investigation