The Courts Should Restrain from Getting Into Executive Domain for Their Own Good!

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  • The medical and scientific community have rendered yeomen services for the welfare of the nation during the last eighteen months or so needs no further elaboration. The unselfish sacrifices undertaken by the healthcare workers across the globe when the pandemic raged mercilessly are well documented as well. Not for nothing healthcare professionals, especially doctors, are revered as next to God and the entire fraternity has proved it beyond doubt. The Indian government rightly went about naming the healthcare workers as Covid warriors showering all the accolades, recognition, and incentives on the lot for selfless discharge of responsibilities.

PC: Freepik

  • The country is greatly indebted to them for the same. However, the way things are unraveling in recent times concerning resident doctors definitely deserved a more humane approach, understanding, and timely action by the authorities. This issue in question pertains to widespread protests by resident doctors over delayed NEET-PG counseling when healthcare defenses need further bolstering against a feared Omicron surge. As you are aware, NEET-PG exams, originally slated for January 2021, were postponed to April and later to September thanks to the devastating second Covid wave.
  • As a consequence, intake of a fresh batch got delayed further because neither the Government of India nor the Supreme Court thought through the possible impact of their decisions. More so, after the Centre introduced other backward castes (OBC) and economically weaker sections (EWS) reservation in all-India quota seats and fixed a Rs. 8 lakh creamy layer limit for both categories, the SC took up petitions challenging these policies. We all know judicial and administrative proceedings like issuing notices, filing replies, affidavits, and scheduling hearings can be time-consuming because of multiple stakeholders, the need for extensive deliberations, and built-in sloth in Indian governance.

PC: Freepik

  • As such, the Centre in November asked for four weeks to revisit the EWS income criteria and the matter is now listed for January 6, 2022. The result is that PG-NEET counseling for freshers is delayed, and resident doctors are naturally feeling overburdened demanding respite. Mind you, career, academic progression, and work-life balance are real issues for professionals, and as such, our politicians, bureaucrats, and judges should have been more mindful of what their legal tussle was putting hardworking doctors through. Needless to mention, the NEET-PG fiasco is a classic example of how legal disputes trigger unwanted and unanticipated disruptions elsewhere in the absence of foresight.
  • Courts should exercise more circumspection on petitions they entertain as issues like income ceiling for EWS/OBC categories are policy decisions best left to governments. Coming March, the next NEET-PG examinations are due, portending a situation where PG institutes will have to admit two batches in quick succession, placing an unwarranted strain on medical education too. The reservation policy is riddled with many contradictions, but it may be beyond the judiciary to resolve all those issues. In conclusion, the avoidable crisis should be a lessor for courts to exercise more restraint before accepting similar such petitions.

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Krishna MV
Krishna is a Post Graduate with specialization in English Literature and Human Resource Management, respectively. Having served the Indian Air Force with distinction for 16 years, Armed Forces background definitely played a very major role in shaping as to who & what he is right now. Presently, he is employed as The Administrator of a well known educational institute in Bangalore. He is passionate about sharing thoughts by writing articles on the current affairs / topics with insightful dissection and offering counter / alternate views thrown in for good measure. Also, passionate about Cricket, Music – especially vintage Kannada & Hindi film songs, reading – non-fictional & Self-Help Books, and of course, fitness without compromising on the culinary pleasures.