On the behalf of 92 other doctors, three doctors filed a writ petition on the list which provided placements to the successful doctors who successfully completed the postgraduate medical courses of study. There was an executed bond that such doctors would serve the State of Maharashtra for 1 year. But after their studies on September 23, 2020, a list was published which was prepared randomly without any reason and ignoring the merits of candidates.

Thus, in the petition, they stated that such a list should be set, aside and the candidate should be selected on the basis of excellence and an interim relief should be granted. 

The Bombay High Court comprising the Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni held that grant of interim relief will cause more prejudice than a refusal to grant relief. The petitioners and the others should regard the call for service to be rendered as a call for joining ‘national duty’ so as to help the needy people by providing them adequate medical treatment in this difficult time of the pandemic.

They also held that the refusal does not mean the petition is pointless. Instead, it deserves fast consideration and disposal. The petitioners should consider the situation and file a reply-affidavit till October 13, 2020, to report for duty.

The court, therefore, refused to grant relief.

[READ ORDER]