Delhi HC refuses to entertain PIL seeking direction to frame SOP on allocation of healthcare workers, staff
New Delhi: The Delhi High Court on Tuesday refused to entertain a petition seeking direction to frame a Standard Operating Procedure (SOP) on the allocation of healthcare workers and staff while maintaining the balance of employment rights of the existing workforce comprising doctors and medical students. The Bench of Justice DN Patel and Justice Jyoti Singh on Tuesday while refusing to entertain the petition said the concerned resident doctors should follow the roster of their respective Head of the Departments (HODs). After the observations of the Bench Senior Advocate Arvind Nayar appearing for the petitioner decided to withdraw the petition.
The petition was filed by Doctor Parth Bora through advocate Sarthak Maggon and Upasana Chandrashekhran highlighting an immediate need to augment, update, and improve the system of allocation and utilisation of healthcare workers and supporting staff, particularly in order to enable the deployment of doctors in the most efficient and effective manner across the National Capital Territory (NCT) of Delhi, account for their health, improve the transparency of the system, and allow for a centralised roster of healthcare workers for a more holistic view of the capacity to assist those affected by COVID-19.
"Issue direction to Delhi government to frame a Standard Operating Procedure (SOP) on the allocation of healthcare workers and staff in consultation with National Medical Commission (NMC) and Indian Council of Medical Research (ICMR) while maintaining the balance of employment rights of the existing workforce comprising of doctors and medical students," the petition said.
The petitioner also urged the Court to issue directions to establish a centralised roster with a corresponding online portal for tracking and managing the allocation of healthcare workers in Delhi. "That the matter that arises for consideration in the present petition under Article 226 and 227 of the Constitution of India is concerned with issuance of appropriate writs, orders, directions in the nature of mandamus or any other writ for issuing appropriate directions to the respondents for the streamlining of Standard Operating Procedure (SOP) for the allocation and utilisation of healthcare workers and supporting staff in the wake of the prevalent COVID-19 pandemic and changed scenario brought about by the 'second wave' of the pandemic," the petition added.
"The petition also intends to seek policy directives from this Court in respect of the creation of a centralised roster of healthcare workers in Delhi to equip Respondent No 2 against uncertainties arising out of possible underutilisation or mismanagement of the medical workforce in furtherance of the current and potential third wave of the COVID-19 pandemic," the petition further said.
