High CourtsDivision Bench(2017) 04 BOM CK 0024

Afak Anwar Mandaviya vs Maharashtra Association of Resident Doctors (MARD)

Bombay High Court · Decided on 24 April 2017

HON’BLE JUDGES
Dr. Manjula Chellur, CJ. and G.S. Kulkarni, J.
RESULT
Dismissed
CASE NUMBER
Public Interest Litigation No. 77 of 2015 with Chamber Summons (LDG.) No. 139 of 2016

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 380 words
1.

Affidavit of one Dr.Bhausaheb Chanagouda Kempipatil, Civil Surgeon of Civil Hospital, Thane is filed detailing in chronological form the incidents said to have been taken place at Civil Hospital, Thane on 29th March 2017. Another affidavit of Dr.D.S.Swami, DCP Zone-I, Thane is filed. Along with the said affidavit CCTV footage (in sealed cover) and other information with regard to very same issue including the statements and other relevant papers pertaining to Thane incident are filed. Learned Addl.Govt.Pleader seeks time to place on record entire details as directed by this Court pertaining to Dhule incident by next date of hearing.

2.

Learned counsel appearing for the respondent-Association (MARD) also seeks time to place on record the details as directed by this Court since the Association has to contact several doctors and secure information about each and every hospital connected to their Association. He further submits that so far as guideline regarding allowing of only two relatives/attendants of the patient in the hospital is concerned, the same is not strictly implemented in the Sion Hospital.

3.

Mr.Pakale, learned counsel appearing for the respondent-Corporation as well as Dean of Sion Hospital, who is present in the Court, submit that there are some obstacles which are coming in the way of implementation of said guideline, however, it will be implemented by taking proper measures. Mr.Pakale further submits that the Corporation has already constituted High Power Committee to look into the mechanism to redress the grievances made by the respondent-Association. We direct the Corporation to place the same on record by filing proper affidavit of a responsible officer.

4.

The State Government has placed on record two volumes detailing living conditions and other facilities extended to the members of MARD across the State in the government hospitals attached to medical colleges as well as hostels meant for the resident doctors.

5.

List the PIL in the last week of June 2017.

6.

Since the learned Addl.Govt.Pleader has undertaken to inform the Court by next date of hearing the details of High Power Committee proposed by the State, we are of the opinion that the intervener need not interfere in the present litigation. It is needless to say MARD can always approach them, if they want. Accordingly, Chamber Summons (Ldg.) No.139 OF 2016 is rejected.