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Don’t treat docs’ absence as leave: SC on RG Kar stir

The Supreme Court on Wednesday directed hospitals, including AIIMS, New Delhi, to regularise the unauthorised absence of doctors, who were part of protests against the August 9, 2024, rape and murder of a doctor at RG Kar Hospital, Kolkata, which...
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The Supreme Court on Wednesday directed hospitals, including AIIMS, New Delhi, to regularise the unauthorised absence of doctors, who were part of protests against the August 9, 2024, rape and murder of a doctor at RG Kar Hospital, Kolkata, which triggered nationwide outrage and prolonged protests in West Bengal.

“We deem it appropriate to clarify that if protesting workers had joined work post the Supreme Court order then their absence shall be regularised and not be treated as absence from duty. This (order) is issued in peculiar facts and circumstances of the cases and is not laying down any precedent,” a Bench led by CJI Sanjiv Khanna said.

The Bench took note of the submissions of a doctors’ body that some hospitals had regularised the absence of the doctors following its August 22, 2024, order but a few others, including AIIMS Delhi, decided to treat the period as leave of absence.

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The order came after the advocate representing the doctors’ body pointed out that the decision to treat the protest period as leave may create trouble for some of the medical PG students. Solicitor General Tushar Mehta said on behalf of the Centre that since the case was non-adversarial, the hospitals would abide by the court directions.

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