'Medical Services Is An Essential Service,': Kerala HC Directs State To Ensure Uninterrupted Medical Services In Government Medical Colleges Amid Faculty Strike
Safiya Malik
The High Court of Kerala Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. recently disposed of a public interest litigation seeking a direction to the State to ensure uninterrupted functioning of Out-Patient Departments and all essential medical services in Government Medical Colleges, arising from an indefinite OPD boycott by medical college faculty that commenced in mid-February over pending salary dues. Taking note of the affidavit filed by the State detailing measures already put in place to maintain continuity of patient care, the Court closed the petition while directing the State to ensure that all medical services across Government Medical Colleges in Kerala continue without interruption, observing that health services constitute an essential service and that the State bears a duty to prevent any disruption to the same.
The public interest litigation was heard on 05.03.2026. The petitioner appeared in person, and the learned Senior Government Pleader appeared for the State. The Court took on record the affidavit filed by the 2nd respondent pursuant to an earlier direction dated 26.02.2026. The affidavit stated that instructions had been issued to the Director of Medical Education to maintain the functioning of all Government Medical College Hospitals without interruption, particularly in Out-Patient Departments, In-Patient services, casualty and emergency services, intensive care units, labour rooms, operation theatres, and other critical care and life-saving departments. Daily monitoring mechanisms were also stated to have been put in place.
The affidavit further stated that review meetings were being conducted with Principals, Superintendents and Heads of Departments, and that non-striking faculty members, Senior Residents, Junior Residents and other available medical officers had been redeployed with reorganised duty rosters. It also referred to strengthening services in General Hospitals, District Hospitals and Taluk Headquarters Hospitals, coordination between the Directorate of Medical Education and the Directorate of Health Services, and consultations at the level of the Minister for Health and senior officers. The petitioner’s exhibits included news reports on the doctors’ strike and a notification declaring “Health Services” as essential services under Section 2(1)(a) of the Kerala Essential Services Maintenance Act, 1994.
The Court first recorded the contents of the affidavit filed by the 2nd respondent and noted the measures stated to have been taken following the earlier order. It stated, “the affidavit filed by the 2nd respondent in terms of the earlier direction dated 26.02.2026 is taken on record.” It then recorded, “in the affidavit, it has been specifically stated that pursuant to the order dated 26.02.2026, instructions were issued to the Director of Medical Education to ensure that the functioning of all Government Medical College Hospitals is maintained without interruption, particularly in respect of Out-Patient Departments, In-Patient services, casualty and emergency services, intensive care units, labour rooms, operation theatres and all critical care and life-saving departments and daily monitoring mechanisms have been put in place.”
The Court also noted the arrangements described by the State regarding deployment and continuity of treatment. It recorded, “the non-striking faculty members, Senior Residents, Junior Residents and other available medical officers have been redeployed and duty rosters have been reorganised to ensure that specialist consultations, follow-up care, admission decisions and urgent procedures are carried out without interruption.” It further recorded, “Special emphasis has been placed on ensuring that no patient requiring urgent specialist intervention is denied care.” The judgment also states, “arrangements are being made through internal redistribution of available specialists and through coordination among departments so as to ensure uninterrupted expert medical assistance.”
On the broader hospital system response, the Court recorded from the affidavit that “directions have also been issued to strengthen services in General Hospitals, District Hospitals and Taluk Headquarters Hospitals across the State.” It also noted that “The Director of Medical Education has been directed to ensure that elective procedures, to the extent feasible, continue without undue delay and that emergency and life-saving procedures are given absolute priority.” Further, it recorded, “Instructions have also been issued that Principals, Heads of Departments and Superintendents shall be personally responsible for ensuring that there is no decline in essential medical services and that any lapse in ensuring continuity of patient care shall be viewed seriously.”
The Court then stated its own view on the legal position regarding the nature of the service involved. It recorded, “The medical services is one of the essential services as specified in the notification dated 25 March 2020 and it is the duty and responsibility of the State to ensure that the services provided by the State is not interrupted.” It added, “Steps should be taken against anyone disrupting such essential service.”
The Court held: “In view of the steps taken by the State, we dispose of this writ petition directing the State to ensure that all medical services in the Government Medical Colleges across the State of Kerala shall continue uninterruptedly.”
Advocates Representing the Parties:
For the Petitioners: Ajeesh Kalathil Gopi (Party-in-Person)
For the Respondents: Ms. B. Vinitha, Senior Government Pleader
Case Title: Ajeesh Kalathil Gopi v. State of Kerala, Principal Secretary to Government, Director of Medical Education, Kerala Government Medical College Teachers' Association (KGMCTA)
Neutral Citation: 2026:KER:20026
Case Number: WP(PIL) NO. 40 OF 2026
Bench: Chief Justice Soumen Sen, Justice Syam Kumar V.M.
