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 days in May, 2006 on the issue of reservation of seats for Other Backward Class in institutions of higher education; from 05.7.2006 to 07.7.2006 on the issue of removal of the then Director of AIIMS; from 29.8.2007 to 30.8.2007 on the issue of refusal of the Health Minister for signing the degrees and certificates of students because of certain dispute regarding the continuance of the Registrar of AIIMS; and then on 29.11.2007 on the issue of passing the Amendment Bill fixing the age of retirement of the Director of AIIMS. It is urged that as far as the strike of May, 2006 is concerned, the same was called off by virtue of the order passed by the Apex Court and the directions issued that the punitive orders passed against the doctors and others should be recalled if they join the duties. As setforth, they joined the duties but thereafter, as the factual matrix would manifest, they went on further strike. Thus, the present petition is really concerned with the strikes excluding the strike that took place in the year 2006.

3. As setforth, the strikes had a tremendous impact and the patients suffered as emergency services were shut down; the patients waiting for treatment remained in the hospital being untreated in serious condition; the patients who were admitted to have surgery and other advanced treatment remained in agony; and further certain doctors, who wanted to help, aid or assist the patients, were coerced and compelled not to attend the patients. It is urged that the doctors, regard being had to their nature of duties, responsibilities, professional ethics and the right of a citizen under Article 21 of the Constitution to avail treatment cannot go on strike or take recourse to demonstration or protest paralyzing the system. In this backdrop, prayers have been made to declare that the doctors and the teaching faculty at AIIMS or for that matter any government or private hospitals cannot go on strike or demonstration or coerce the willing doctors to attend the patients and appropriate disciplinary action be taken against the doctors who had gone on strike. The other issue which has also been raised relates to indiscrimination caused to the students and doctors belonging to reserved category in AIIMS and compliance of the report of the Thorat Committee which was constituted in this regard.

4. At the very outset, we are obliged to state that we will be only dealing with the first two issues and grant liberty to the petitioner to raise the third issue in a comprehensive writ petition with proper particulars so that it can be appositely addressed.

5. A reply has been filed by the respondent No.1, Union of India, averring that the doctors at AIIMS went on strike from 5th July, 2006 to 7th July, 2007. Reference has been made to the Code of Ethics Regu