CAT Srinagar Seeks Report On Status Of Complaints Regarding Violation of Standard Treatment Guidelines (STG's) By Doctors In J&K

These directions were passed by a bench comprising members Mr M.S.Latif– (J) and Mr Prashant Kumar (A), in a case stemming from an order issued by the government in October 2022 barring some medicos from private practice pending an inquiry into allegations of STG violations. The medicos challenged this order before the CAT, arguing that they were not given a fair hearing and that their right to practice was being unfairly restricted.

The applicants sought several reliefs through their plea including a directive to pass appropriate orders based on the enquiry, a grant of non-practicing allowances for the period of deprivation, permission to privately practice beyond duty hours.

During the proceedings, the applicant's counsel referred to a similar matter and sought similar relief granted in that case. The counsel argued that the delay in the enquiry process was detrimental to the applicant's interests.

Dealing with the argument of the petitioners that the right to practice a profession is a fundamental right protected by the Indian Constitution and that any limitations on this right must follow the law the bench acknowledged the same However, they also recognized that the respondents have the authority to place reasonable restrictions on this right, especially in cases where the allegations involve breaches of NHA-issued Standard Treatment Guidelines (STGs).

While noting the respondent's inability to provide information on the committee's conclusions, and the applicants' right to a fair hearing to respond to the allegations the Tribunal ordered the completion of an inquiry initiated in January 2023 against medicos accused of violating Standard Treatment Guidelines (STGs).

This inquiry, which was originally supposed to finish within 15 days, has been delayed for over ten months, leaving the medicos in limbo and affecting the overall healthcare landscape, hence the authorities are directed to conclude the inquiry within two weeks, the bench directed.

Further, the CAT sought a comprehensive report from the government detailing the status of complaints regarding STG violations by Doctors.

“Respondents are further directed to prepare a data as to whether any such complaints have been received and their disposal as contained in the aforesaid Government order dated 23-01-2023 and the follow up action taken as the interest of patient care and public at large warrants efficiency both in health care and in the hospitals”, the Tribunal recorded.

The tribunal further instructed the Registrar to deliver a copy of the judgement to the Commissioner Secretary of the Government's Health & Medical Education Department, the Principal of Government Medical College Srinagar, the Administrator of Associated Hospitals, the Director of Health Services Kashmir Srinagar, and the Mission Director of the National Health Mission Kashmir.

Within two weeks from the date of the order, a report addressing the tribunal's directives must be submitted to the office of the Deputy Registrar, the Tribunal concluded.

Case Title: Dr. Junaid Khursheed Vs U.T of J&K through Chief Secretary to Govt., Civil Secretariat Srinagar/Jammu

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