BAPIO gets emergency injunction against new rule

London, March 5 (UNI) The British Association of Physicians of Indian Origin (BAPIO) has obtained an emergency injunction against the Department of Health's recent guidance preventing the recruitment of doctors who do not have leave to work beyond August 1, 2007.

The matter will be heard inter partes on March 8, before a judge of the Administrative Court. The court order, delivered yesterday, states that until the matter is heard those HSMP visa holders whose visa falls for renewal before 1 August 2007 should not be excluded from interview and appointment process.

On February 23, the DoH promised to keep its guidance on HSMP doctors in abeyance for the round 1 of MMC recruitment, but it said only those doctors who have a visa to work beyond August 1 will be considered for recruitment in MMC.

BAPIO lawyers asked the Department to remove this requirement.

Solicitor Anthony Robinson said, ''We first wrote to Department's solicitors on 26 February seeking urgent action. This was followed up with several faxes and telephone calls. Unfortunately, there was no satisfactory reply.'' ''Mean while, 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 short listed. 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.

On March 2, BAPIO solicitors again asked for a reply from the DoH. ''We got an e-mail 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'' said Mr Robinson.

''So far we have stood up against unfairness and injustice and we have no plans to back down now'' said BAPIO President Ramesh Mehta.

BAPIO vice chair (Policy) Ramesh Mehta said, ''Given that our members will begin to suffer harm from being excluded from the interviews and the Department is so far unprepared to enter in to any dialogue, we had no alternative.'' ''Now we will have to proceed with another Judicial Review on this particular issue. To continue our fight we need muscle.

We are sure people will come forward with donations,'' said Dr Satheesh Mathew, BAPIO vice chair.

UNI