Quarantine Period Qualifies As On Duty Period: Madras High Court Grants Relief To PG Medical Student
The Madras High Court held that the period of quarantine during the Covid-19 pandemic, which was mandatory as per the prevailing rules, should be considered as an extension of the covid duty itself. The Court observed that the petitioner and other students, who were required to be on covid duty in R5 Hospital, fulfilled their bond obligation through their services during the pandemic, including both active duty and quarantine period. The petitioner, a Doctor who completed his Post Graduation in General Medicine from KAP Viswanathan Medical College in the non-service category, had executed a bond undertaking to serve the State for a period of two years after completing the course.
A Bench of Justice Anita Sumanth held, “The period of quarantine is, in my considered view, nothing but an extension of covid duty itself as the Rules prevalent then required mandatory quarantine. The petitioner would well have continued with the duty in the covid ward itself has it not been for the mandate of compulsory quarantine. Thus, taking the period of quarantine also as on-duty, such period in this case is quantified as 150 days. On-duty call sheets duly signed by the Dean of R5 college have been produced by the petitioner. This will advance the closure of bond period to 02.01.2024 from 31.05.2024.”
Due to the Covid-19 pandemic, the petitioner and several other students were required to be on covid duty in R5 Hospital, although they were technically still students at that time. The petitioner provided proof of his services during the covid period, and this service was recognized as fulfilling his bond obligation.
Advocate Suhrith Parthasarathy appeared for the Petitioner and Advocate KMD.Muhilan appeared for the Respondents.
The Court referred to previous cases where it was established that covid duty performed by students should be considered as service during the bond period. The Court said, “The question as to whether covid duty would constitute in-bond service is no longer res integra having been considered and accepted by two learned Judges in W.P.No.26556 of 2022 (decision dated 02.02.2023) and W.P.No.22894 of 2023 (decision dated 08.09.2023). In these cases, the petitioners were students who were required to perform covid duty during their course and this Court has held, and I concur with these decisions, that the covid duty rendered by the students should be taken note of as service during the bond period.”
Additionally, the Court had to address the question of whether the quarantine period related to the covid duty should also be considered as bond service. The Court concluded that quarantine during the covid period was an extension of the duty itself, as it was mandated by the prevailing rules.
The Court granted the petitioner's request for a mandamus directing the respondents to treat the compulsory bond period as concluding on Januray 02, 2024. R5 was directed to return the petitioner's original certificates received at the time of admission to the PG course upon completion of the bond period.
The petitioner's request was allowed with no costs, and the connected miscellaneous petition was closed.
Cause Title: Dr. Pradeep Vasudevan v. The State Of Tamil Nadu & Ors.
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