UK Indian docs obtain temporary relief

Rashmee Roshan Lal / TNN / Mar 5, 2007, 15:53 IST

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The doctors obtained an emergency injunction against an order which prevented them from working beyond Aug 1.

LONDON : Thousands of Indian doctors here have stepped up their fight to be considered eligible for 21,000 training jobs in the National Health Service (NHS) by securing an emergency injunction that forces the health ministry to shortlist non-Europeans whose British work permits expire in five months.
The doctors obtained the injunction late on Sunday against new guidance from the ministry to stop the recruitment of non-European doctors who did not have leave to work in the UK beyond August 1.
On February 25, the government granted a temporary reprieve to an estimated 10,000 Indian doctors pending the outcome of a formal legal appeal against an unfavourable London High Court judgement that failed to overturn the British government's punitive new immigration and work rules for Indian doctors.
The new rules, announced last March, effectively disenfranchised trainee Indians, the doctors say, because their job applications were only to be considered if a vacancy could not be filled by an applicant from the European Economic Area (EEA).

The British Association of Physicians of Indian Origin (BAPIO) formally lodged the appeal against the High Court judgement on March 1.
On Monday, BAPIO said the emergency injunction forced on the health ministry would be in force till Thursday, March 8, when the matter can be heard inter partes before an Administrative Court judge.
BAPIO said till then, the court order insists that "those HSMP visa holders whose visa falls for renewal before 1 August 2007 should not be excluded from interview and appointment process".

BAPIO president Dr Ramesh Mehta said the injunction was part of Indian doctors' ongoing fight "against unfairness and injustice and we have no plans to back down now".
BAPIO vice-chair Dr. Raman Lakshman added: "Given that our members will begin to suffer harm from being excluded from the interviews and the Department (of Health) is so far unprepared to enter in to any dialogue, we had no alternative".
The Indian doctors' repeated recourse to legal channels in their fight to obtain jobs to complete post-graduate training is seen to be an uphill struggle against a system that now increasingly does not need non-British and non-European doctors.
According to at least one senior doctor, "the Indians are really forcing themselves upon Britain now and even though one can understand the unfairness of Britain suddenly changing the rules, perhaps it may be time to recognise the need to go home or head for where you're welcome".
BAPIO's lawyers said they moved to get the injunction because the health ministry had been fairly dismissive of the Indian doctors' requests to remove the August 1 cut-off date for successful job applications.
BAPIO solicitor Anthony Robinson said: "We first wrote to Department's solicitors on February 26 seeking urgent action. This was followed up with several faxes and telephone calls. Unfortunately there was no satisfactory reply. In the meantime the results of the short listing were published and we were relieved to learn from our members that those whose visa is due for renewal before August 1 were shortlisted. But this relief was short-lived and it became apparent on Thursday that doctors who do not have visa extending beyond August 1 may be turned away from the interview".
He said BAPIO once again "on March 2 pressed the Department for a reply to our request of February 26. We got an email from Department's lawyers promising that we would have a reply before the end of the day; unfortunately that promise was not kept. Given that the rule will be implemented for the current interview process we had no choice but to ask for injunction".

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