Death of Dr. Shahana: Kerala High Court quashes single judge directive to allow accused doctor to rejoin medical college

A Division Bench of Kerala High Court on March 20 has set aside a single judge’s directive to Kerala University of Health Sciences and Principal of the Thiruvananthapuram Government Medical College allowing A. Ruwise, a doctor accused in a case registered in connection with the the suicide of Dr. Shahana, to rejoin in the medical college to pursue his post-graduate studies

A Division Bench of the Kerala High Court on March 20 (Wednesday) set aside a single judge’s directive to the Kerala University of Health Sciences (KUHS) and the Principal of the Thiruvananthapuram Government Medical College allowing A. Ruwise, a doctor accused in a case registered in connection with the the suicide of Dr. Shahana, to rejoin in the medical college to pursue his post-graduate studies.

The Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun while closing an appeal filed by the Kerala government and the Principal against the single judge’s interim order, also directed the authorities to complete the disciplinary proceedings initiated against Ruwise in a week.

The single judge had observed that taking into account the fact that the doctor was only an accused in the crime and that he had obtained admission on merit for the postgraduate course, keeping him away from studies pending the enquiry or trial would place him in such a situation where the damage would become irreversible in case the charges are not proved.

The court set aside the interim order of the single judge on the grounds of not providing sufficient opportunity for the KUHS and the Principal to place their case before the single judge.

State Attorney N. Manoj Kumar submitted that if sufficient time had been granted to the varsity and the Principal to file counter-affidavits with relevant documents and permitted to argue the matter, the grievance raised in this appeal might not have arisen. The inquiry committee constituted to look into the issue had completed its inquiry.

The court also requested the single judge to decide the petition challenging his suspension filed by the doctor at the earliest.