DIPAK MISRA, CJ

In this public interest litigation preferred under Article 226 of the Constitution of India, though number of issues have been raised, yet on a considered scrutiny and regard being had to the proponements advanced at the bar, we are disposed to think that three principal issues arise for consideration, namely, whether the doctors, interns and junior residents in AIIMS can go on strike for whatever reason and further coerce the willing doctors not to discharge their duty on any count whatsoever; whether the competent authorities in charge of the said institutions are accountable to take appropriate action against the erring doctors on proper identification or show leniency for such transgression and delinquency; and whether the report submitted by the Committee headed by Professor Sukha Deo Thorat (known as Thorat Committee report) should be given effect to for the purpose of any previous acts before the report was submitted.

2. The facts which are imperative to be stated for adjudication of the writ petition are that the doctors of All India Institute of Medical Sciences (hereinafter referred to as ‘the AIIMS’) went on strike on four occasions, i.e., for 17