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.

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 College students. Earlier, the petitioner filed a Writ Petition in W.P(MD)No. 14708 of 2017 to direct the respondents to take immediate action to ensure that Haemodialysis treatment is given only by qualified dialysis technicians in the Government and private hospitals in the State of Tamil Nadu and this Court, by order dated 28.08.2017, directed the respondents to take follow up action for appointment of qualified dialysis technicians in all the Government Hospitals across the State. After several years, the respondents failed to implement the order. Hence, the petitioner has filed the present Writ Petition.

3. The first respondent filed an additional affidavit, dated 03.02.2025, wherein stated that due to Covid-19 crisis, to tide over the need of patients requiring dialysis, the Government have accorded sanction of Dialysis Technicians on contract basis vide G.O(D)No.817, Health and Family Welfare (C2) Department dated 14.09.2020 and accordingly allotment orders have been issued by Directorate of Medical Education dated 15.11.2021 and 20.05.2022 to 158 candidates as Dialysis Technician on contract basis for a period of one year. In continuation vide G.O(D)No.346, Health and Family Welfare (C2) Department dated 15.03.2024, the Government have issued orders for temporary continuance of 158 Dialysis Technician posts for a period of two years from 01.03.2024. The Government in G.O(Ms)No.219, Health and Family Welfare (EAP-I) Department dated 06.07.2023 issued orders to recruit Dialysis Technician based on the need and availability of equipment with prescribed qualification of Diploma in Dialysis Technician using the Chief Minister's Comprehensive Medical College and Hospitals are employing the Dialysis Technician with the prescribed qualification as mentioned in the Government Order on need basis. Already 268 Dialysis Technicians with the prescribed qualification of Diploma in Dialysis Technician (145 MRB recruited candidates + 123 CMCHIS recruited candidates by the respective Deans) have been recruited and are working as Dialysis Technician in 41 Government Medical College & Hospitals and rendering excellent health care to the dialysis patients round the clock. Besides above, the students undergoing BSc Dialysis 4 years course with the sanctioned seats of 240 and Diploma course with the sanctioned seats of 397 in the Government Medical Colleges are being trained under the supervision of existing Nephrologists and Dialysis Technicians. In view of the position put forth, all the Medical Institutions are functioning with sufficient number of dialysis technicians and best services are provided to the patients requiring dialysis.

4.The first respondent further stated that with regard to the present proposal of the Director of Medical Education and Research