A division bench of the high court on Wednesday upheld a single bench order that it had the authority to hear petitions filed by three junior doctors who have challenged their transfers by the state health department.
The division bench headed by Justice Tapabrata Chakraborty upheld the decision by Justice Biswajit Basu of the same court.
Last month, Justice Basu said that the high court has the jurisdiction to hear the cases.
The state government had challenged the petitions by Aniket Mahata, Asfakulla Naiya and Debashis Halder, three prominent faces of the doctors’ protests last year. It said they should have moved the state administrative tribunal as they were state government employees.
The state appealed against Justice Basu’s order before the division bench.
The doctors are serving in state-run hospitals and they should have approached the state administrative tribunal first before approaching the court, the state’s counsel said.
After the division bench’s order, Justice Basu has no bar on hearing the petitions.
The junior doctors had alleged they were able to choose an institution based on their ranks, but they were posted elsewhere. They alleged the postings were “vindictive” as they had led the protests.
Nabanna march
A Howrah resident moved the high court against the proposed march to Nabanna on August 9, protesting the rape and murder of the trainee doctor at RG Kar hospital last year. A division bench has admitted the petition for hearing.