New Delhi: The Delhi High Court on Wednesday dismissed a plea challenging the Delhi government's May 16 notification clubbing doctors of varying seniority and departments together in one category for COVID management, noting that it is "temporary in nature" and based "purely upon public need and looking at the grave exigencies".
"It was a war-like situation when the impugned order was passed," the bench said while adding that it was "absolutely just and fair" and did not violate any of the provisions of the GNCTD Amendment Act.
"There is all power, jurisdiction and authority with the Government of National Capital Territory of Delhi (GNCTD) to issue an order, like that of May 16, in view of the grave exigencies in the city. There was no want of jurisdiction on the part of GNCTD when it issued the impugned order. We see no reasons to interfere with the COVID-19 management by GNCTD," the bench of Chief Justice DN Patel and Justice Jyoti Singh said. The court further slammed the petition, saying that it was not in the public interest, and it seemed that the petitioner doctor was trying for an exemption from Covid duties, which cannot be granted. The petitioner's lawyer, however, said that her client was not seeking an exemption.
The petitioner challenged the order on the grounds that it was issued without the concurrence of the Lt Governor as was required under the GNCTD Amendment Act. A likewise challenge to the notification was raised by an association of medical officers before a single judge yesterday. The court listed it for hearing on June 4.