Deploying specialist doctors in PHCs not illegal, rules Madras High Court

Madras High Court rules deploying specialist doctors at PHCs is legal, urging Tamil Nadu to ensure transparency in postings.

The Madras High Court has ruled that the deployment of specialist doctors at primary healthcare (PHCs) centres is not illegal. It has, however, directed the Tamil Nadu government to publish on its website the details regarding doctors on bond service and their places of posting in order to ensure transparency and avoid discrimination.

Justice D. Bharatha Chakravarthy issued the direction while disposing of a batch of writ petitions filed by 71 orthopaedicians, ophthalmologists, obstetricians and gynaecologists, dermatologists, otorhinolaryngologists, and other specialists against their deployment to primary healthcare centres (PHCs).

All the petitioners had pursued postgraduate education in government medical colleges in the State during different academic years. They had signed a bond to serve the government institutions for two years after completing their education offered at heavily subsidised costs using public funds.

However, after completing their courses, the petitioners had approached the court complaining they had been posted at PHCs run by the Greater Chennai Corporation instead of being deployed at government hospitals, which would have the infrastructure and facilities required for speciality treatment.

Their counsel Suhrith Parthasarathy said, a Government Order issued on August 20, 2009, states government doctors holding just MBBS degree alone would be posted at PHCs. When such was the stand of the government, how could it deploy postgraduate specialists at those PHCs for bond service, he wondered.

However, the judge disagreed with him and said, the G.O. was applicable only to government doctors and not to those on bond service. “Simply because specialists may be better utilised in specialist posts does not make the entire exercise (of deploying them at PHCs) illegal,” Justice Chakravarthy wrote.