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Jodhpur, May 23 (HS). Rajasthan High Court has stayed the APO order considering the trainee resident doctor as a serving doctor and has sought a reply from the state government. The Rajasthan High Court gave the order while conducting the preliminary hearing of the writ petition of Dr. Kavad Ankit Jerambhai. Advocate Yashpal Khileri pleaded on behalf of the resident doctor.
Advocate Yashpal Khileri filed a writ petition on behalf of Dr. Kavad Ankit Jerambhai, a resident of Bhavnagar, Gujarat, stating that the petitioner appeared in the NEET PG entrance examination 2023 after completing MBBS in the year 2021 and after passing it, he was allotted JLN District Hospital under the Government Medical College of Nagaur in the month of August 2023. In which he joined as a Diploma Postgraduate Resident Doctor in the Department of Obstetrics and Gynecology on 14 August 2023.
As per rules, after obtaining the medical graduate degree, after getting admission in two-year PG postgraduate diploma, the trainee is called a resident doctor, who does not come under the definition of government officer/government servant as per the provisions of Rajasthan Service Rules 1951. R.S.R. According to the rules, only government employees and officers can be made to wait for APO orders. Whereas the petitioner is a two-year PG Post Graduate Diploma student who does not get any monthly salary. Due to being on night duty on the night of 10 May 2024, he was made APO by the in-charge of the hospital only because a pregnant woman died during treatment. In fact, there are Casualty Medical Officers and other doctors on night duty, according to whose guidelines the resident doctor works as a learner.
It was told on behalf of the petitioner that how will the two-year diploma course of the petitioner be completed by doing APO because no medical college exists in Swasthya Bhavan for the training of the petitioner after sending him to the Directorate, in such a situation, the Chief Medical Officer of District Hospital, Nagaur The officer's order is like Tughlaqi's order. As per the provisions of MCI, a resident doctor can take only 20 leaves in a year. Without any investigation and without giving a chance to be heard, the petitioner has been made a scapegoat and is waiting for posting in Jaipur. It is ridiculous.
While conducting the preliminary hearing of the case, the single bench of Justice Arun Monga stayed the APO order of May 11 and gave interim orders to the petitioner to complete his residency in the same allotted hospital and summoned the response of the state government and others. Next hearing fixed for August 14.
