Doctor loses High Court challenge over Roscommon GP post

The High Court has dismissed a doctor's challenge against the HSE's failure to appoint him to a GP post in the West of Ireland when he was the only applicant.

Dr Syed Hussain claimed he was discriminated against during the interview for the post and the interviewers failed to take into account his UK qualification.

However in his judgment Mr Justice Roderick Murphy said he was satisfied that Dr Hussain had not been discriminated against by the HSE. In dismissing the action the judge further held that the HSE had properly taken everything, including Dr Hussains qualifications, into account.

The court also found that Dr Hussain's constitutional and statutory rights had not been breached.

Dr Hussain (aged 48) Letteragh Road, Galway, brought a claim for damages and loss of earnings against the HSE which advertised the contract for the post of principal GP in Strokestown, Roscommon, in early 2006 for which he was the only applicant. Dr Hussain had been acting as a locum GP in Strokestown when the permanent post was advertised and he applied for it.

Dr Hussain, an Irish citizen who qualified in Pakistan before coming to work here in 1995, claimed the interview for the post was conducted in a hostile, discourteous and unprofessional manner.

He claimed the HSE breached an EU directive, concerning the recognition of medical qualifications or other types of training obtained in a non-EU country, in allegedly acting outside its own rules and was guilty of lack of administrative reasonableness and abuse of power.

The HSE denied the claims and said it applied the appropriate criteria when assessing him at interview.

In his action Dr Hussain claimed the three-person board which interviewed him for the job purported to mask their prejudice and discrimination by awarding him marks under various headings but failed to take account of a GP qualification obtained by him in England and which was recognised here.

He claimed one of the interviewers asked him if he was a "hospital drop-out" which he took as meaning he was a failed doctor who had not become a specialist.

From the moment he walked into the room for the interview he claimed he "felt an environment" with the chairperson of the panel complaining straight away about being unable to read the handwriting on his application form.

In his judgement Mr Justice Murphy said the court was satisfied that there was no discrimination in relation to Dr Hussain, and that the HSE had not failed to properly apply the EU directive.

The judge added that as there was no breach of the directive he was satisfied that it was not necessary to refer the matter to the European Court of justice.

While remarks made to Dr Hussain by members of the interview panel about whether Dr Hussain was an Irish citizen, his handwriting or others "may not have been correct", the judge added that they "did not amount to discrimination".