(May 20, 2002) 2002 (TLS)127221

2002-AD (Del)-7-530 :: 2002-LLJ-3-424

COURT IN ITS OWN MOTION Vs. ALL INDIA INSTITUTE OF MEDICAL SCIENCES

S. MUKERJEE

( 1 ) THIS matter arose pursuant to suo motu notice taken by us in relation to the then ongoing strike by the Resident Doctors Association of aiims in the month of August, 2001. Taking note of the observations of the apex Court in Surjeet Singh v. State of Punjab and others, AIR 1996 SC 1388 : 1996 (2) SCC 336, it was felt that the right to life enshrined under Article 21 of the Constitution of India, would include the right against denial of treatment or even from being prevented from availing the services of any doctor or any other member of the staff from attending to patients and rendering medical assistance to them. In doing so, we also relied upon the judgment in vincent Panikurlangara v. Union of India, 1987 (2) SCC 165, Consumer Education and research Centre and others v. Union of India and others, AIR 1995 SC 922 : 1995 (3) SCC 42 : 1995-II-LLJ-768 and Paschim Banga Khet mazdoor Samity and others v. State of West bengal and another, AIR 1996 SC 2426 : 1996 (4) SCC 37. Learned Additional Solicitor general Sh. R. N