BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.J.NISHA BANU, Mrs.S.SRIMATHY, JJ
C.Anand Raj – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
S.SRIMATHY, J.
The petitioner has filed the present Writ Petition as a Public Interest Litigation for a direction to direct the first respondent to appoint permanent qualified and sufficient dialysis technician in Government hospitals for dialysis treatment in Madurai Government Rajaji, Tanjavur, Trichy, Tirunvelveli Government Medical College hospitals and all other medical college hospitals in the state accordance with communication letter in Ref. No. 24781/E5/3/2020 dated 23.06.2023 from the second respondent for the interest of the Kidney failure patients in Government hospitals within the stipulated time fixed by this Court.
2. According to the petitioner, the care of kidney failure patients, who come dialysis treatment at Government Hospitals in Tamil Nadu, as per the RTI data received in the year 2017, there were only 7 permanent dialysis technicians working entire Government Medical College Hospitals and Taluk Headquarters hospital in Tamil Nadu. Dialysis is a treatment that is considered to be the most important life-saving treatment for kidney failure patients. The dialysis treatment was being carried out in Government hospitals with temporary staff and trainees from
The court upheld the Government's policy decision to ban the creation of new posts for dialysis technicians, stating that such decisions are not subject to judicial compulsion.
The court upheld the validity of the selection process for Dialysis Technician posts, emphasizing that temporary employment does not confer a right to regular appointment.
The court reaffirmed that the right to health is a fundamental right under the Constitution, obligating the state to provide adequate medical facilities, particularly for underprivileged citizens.
The court established that mandatory registration with an absent state council is discriminatory, directing registration and participation in selection without such a requirement.
The amendment allowing recruitment by transfer for Lab Technician positions did not infringe on the rights of DMLT candidates, balancing experience and new qualifications.
Compulsory bond service for medical graduates is legally justified as a condition for subsidized education, and allocations to Primary Health Centres align with public health needs.
Point of Law : It is also a settled cannon of law that the Government has the authority and power to not only frame its policies, but also to change the same. The power of the Government, regarding h....
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