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The Allahabad High Court on Friday granted interim relief to a medical intern who questioned a May 6 order directing all medical interns in the State to return back to their parent colleges amid the COVID-19 pandemic.
The Single-Judge Bench comprising Justice Manish Mathur has directed the State authorities to file a detailed counter affidavit in the matter within three weeks. Further, it was ordered,
"In the mean time operation of impugned order dated 6th May, 2020 so far as it relates to the petitioner shall remain stayed."
Allahabad High Court
The notification was challenged by a medical intern presently posted at the Dr. Shyama Prasad Mukherji Civil Hospital, Lucknow. Advocates Abhishek Khare and Anilesh Tewari appeared for the petitioner.
It was submitted that on March 20, the State had initially issued directions for the petitioner to continue her internship in the aforesaid hospital at Lucknow in view of the current pandemic.
However, on May 6, a general direction was issued by the Principal Secretary of Medical Education, Uttar Pradesh for medical interns to join their original medical college.
It has been contended that the May 6 order has been passed without application of mind and without taking into consideration the seriousness of the COVID 19 pandemic prevailing in the State, whereby guidelines have been issued by the State Government itself prohibiting inter district transfer.
It was further argued that, even otherwise, there is prohibition on travel from red areas to other zones and also a 14-day quarantine protocol if any such travel is undertaken. As such, it was submitted that no purpose would be solved by requiring petitioner to join at the original place of internship.
Considering the contentions of the petitioner, the Court went on to grant three weeks' for the state to respond in the matter, observing that "Prima facie submissions advanced by learned counsel for petitioner have force and require consideration."
The matter has been listed to be taken up next in the second week of June.