DR. PANKAJ GROVER, Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing.

(2.) The present writ petition has been filed by the Petitioner who is aggrieved by the order dated 11/04/2020, by which the applicant and several other doctors have been transferred to Indore until further orders and placed under the command and control of the Chief medical and health Officer Indore. Indore district is facing an acute shortage of doctors on account of the exponential spread there of the COVID 19 virus. Learned counsel for the Petitioner has drawn the attention of this court to Annexure/P1 which is a protocol set by the State Government for the clinical and non-clinical staff, during the COVID 19 pandemic.

(3.) Learned counsel for the Petitioner has also drawn the attention of this Court to page 15 where, the protocol reads, 'service providers with underlying conditions (hypertension, diabetes or asthma) need to be given light duties away from the infected areas as they are more susceptible and have high risk of mortality'. It is submitted on behalf of the Petitioner that as per the protocol of the state itself, personnel suffering from diabetes are in the high-risk category and they ought not to be placed for frontline COVID 19 duties. Attention of the Court has also been drawn to documents which are annexed to the petition from page 23 to page 29 which are copies of treatment papers pertaining to the Petitioner which reflects that he is suffering from type II diabetes. Under the circumstances, the learned counsel for the Petitioner has submitted that the impugned order be set aside and the transfer of the Petitioner from Jabalpur to Indore be stayed.