'Medical Service Is Essential': Kerala High Court Directs State To Provide Uninterrupted Medical Services Amid Doctors' Strike

The Kerala High Court recently closed the public interest litigation seeking a direction to the State to ensure uninterrupted functioning of Out-Patient Departments (OPD) and all essential medical services in Government Medical Colleges in view of the indefinite boycott by the Kerala Government Medical College Teachers' Association (KGMCTA), initiated on February 16.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.R. observed that the medical services is an essential service and it is the State's duty to ensure that the same is uninterrupted.During the last posting, the Court passed an interim order directing the State to file an affidavit in this regard and to resolve the issue within the next posting date. It also reminded that the State has the duty to ensure that the OPD and essential medical services in the government medical colleges are not disrupted.According, an affidavit was filed by the State submitting that instructions were issued to the Director of Medical Education to ensure that the functioning of all Government Medical College Hospitals is maintained without interruption, especially the OPD, in-patient services, casualty and emergency services, ICUs, labour rooms, operation theatres, all critical care and life-saving departments.In the affidavit, it was also mentioned that the Director is conducting review meetings with Principals, Superintendents and Heads of Departments of all Government Medical Colleges to assess patient inflow, specialist availability, elective and emergency procedures, staffing position and service continuity. Moreover, reports are being collected and reviewed daily.The State has also affirmed that the non-striking faculty members, Senior and Junior Residents, and other available medical officers have been redeployed and duty rosters have been re-organised to ensure that specialist consultations, follow-up care, admission decisions and urgent procedures are carried out without interruption. Further, it is specially emphasized that patients requiring urgent care would not be denied medical attention and particular attention would be given to patients of vulnerable categories, including oncology care, dialysis, obstetric and paediatric care, etc.Additionally, strengthening of services of General Hospitals, District and Taluk Headquarters Hospitals are also being done, the States has affirmed. Further, it is stated that instructions have been issued that Principals, Heads of Departments and Superintendents shall be personally responsible for ensuring that there is no decline in essential medical services and that any lapse in ensuring continuity of patient care shall be viewed seriously.The State has also submitted that meetings have been conducted at the level of the Minister for Health and senior officers of the Health and Finance Departments so as to address the grievances of the faculty.Recording the submissions, the PIL was disposed of with the following observation:“The medical services is one of the essential services as specified in the notification dated 25 March 2020 and it is the duty and responsibility of the State to ensure that the services provided by the State is not interrupted. Steps should be taken against anyone disrupting such essential service. In view of the steps taken by the State, we dispose of this writ petition directing the State to ensure that all medical services in the Government Medical Colleges across the State of Kerala shall continue uninterruptedly.”Case No: WP(PIL) No. 40/2026Case Title: Ajeesh Kalathil Gopi v. State of Kerala and Ors.Citation: 2026 LiveLaw (Ker) 133Counsel for the respondents: Vinitha B – Sr. Government PleaderClick to Read/Download Judgment

'Medical Service Is Essential': Kerala High Court Directs State To Provide Uninterrupted Medical Services Amid Doctors' Strike

K. Salma Jennath

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