‘State can stop voluntary retirement of doctors’

‘State can stop voluntary retirement of doctors’

News:

1. Recently, the Supreme Court has ruled that the State can stop government doctors from taking voluntary retirement in public interest.

Important facts:

2. The verdict was based on an appeal by the Uttar Pradesh government against the Allahabad High Court’s decision in case of voluntarily retirement of a doctor.

3. The court held that :

• The fundamental right to retire is not above the right to save lives in a country where government hospitals cater to the poorest.
• The concept of public interest can also be invoked by the government when voluntary retirement sought by an employee will be against public interest.
• Public health was suffering from a scarcity of doctors.
• Qualified doctors did not join the public service at first, even if they did so, they chose voluntary retirement and went into lucrative private practice.
• The court held that poor could not be put in difficult situation by a paucity of specialists in government hospitals.

4. The State government had an obligation “to make an endeavour under Article 47 to look after the provisions for health and nutrition.”

5. The doctor, as citizens had certain fundamental duties under Article 51(A) towards their fellow citizens.

6. The right to practice a profession under Article 19(1)(g) was subject to the interest of the general public.