The Kerala High Court has closed a public interest litigation (PIL) that sought directions to the State government to ensure the uninterrupted functioning of Out-Patient Departments (OPD) and other essential services at government medical colleges amid the indefinite boycott by the Kerala Government Medical College Teachers' Association (KGMCTA), which began on February 16.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V R observed that medical services constitute an essential service and that the State has the responsibility to ensure their continuous functioning.

During the previous hearing, the court had issued an interim order directing the State to file an affidavit explaining the measures taken and to resolve the issue before the next posting. The Bench had also reminded the government of its duty to prevent disruptions in OPD services and other essential medical facilities at government medical colleges.

In response, the State filed an affidavit stating that instructions had been issued to the Director of Medical Education to ensure that all Government Medical College Hospitals continue functioning without interruption, particularly OPD services, in-patient care, casualty and emergency services, intensive care units, labour rooms, operation theatres, and other critical care and life-saving departments.

The affidavit further noted that the Director was conducting regular review meetings with principals, superintendents, and heads of departments of all government medical colleges. These meetings assess patient inflow, the availability of specialists, elective and emergency procedures, staffing levels, and the continuity of services. Reports on these aspects are being collected and reviewed on a daily basis.

The State also informed the court that non-striking faculty members, senior and junior residents, and other available medical officers had been redeployed, and duty rosters reorganised to ensure uninterrupted specialist consultations, follow-up treatment, admissions, and urgent medical procedures.

The affidavit emphasised that patients requiring urgent care would not be denied treatment and that particular attention would be given to vulnerable groups, including those requiring oncology care, dialysis, obstetric care, and paediatric treatment.

Additionally, the State stated that services at general hospitals, district hospitals, and taluk headquarters hospitals were being strengthened to handle the situation. It also issued directions holding principals, heads of departments, and hospital superintendents personally responsible for ensuring that essential medical services remain unaffected. Any lapse affecting patient care would be viewed seriously.

The government further informed the court that meetings had been held under the leadership of the State Health Minister, along with senior officials from the Health and Finance Departments, to address the concerns raised by the medical college faculty.

After recording the State’s submissions, the court disposed of the PIL 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 an 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.”

(With LiveLaw Inputs)