Point of Law: Are we over the pandemic in India? There is a very guarded optimism about it. The number of cases is going down. It’s hovering between 16,00020,000 cases per day in India, compared to about 2,20,0002,40,000 per day in the U.S. But we are guarded, because the pandemic isn’t over. If we let our guard down, there is every possibility of a second wave. So, we must be very, very careful when we say that the number of cases have gone down. Compared to other more developed nations, the defining feature in India has been the early lockdown. It gave us the opportunity to tell people about the dangers of the pandemic, and to prepare to handle the pandemic as well

JUDGMENT :

J.B.PARDIWALA, J.

1. By this application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs :

“(A) This Hon'ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus directing the Respondent No.1 or its delegates, officers, subordinates to honor the Bond Contract executed between the Petitioners and Respondent No.1. Further, to issue Bond Free Certificate to those Petitioners who are ready and willing to honor the Bond by paying Rs.5,00,000/(Rupees Five Lakhs Only) as described in Bond Contract;

(B) This Hon'ble Court be pleased to issue a writ of mandamus or any other writ, order or direction to the Respondent No.1 or its delegates, officers, subordinates, NOT to enforce orders granting appointment to Petitioners i.e. orders dated 24.07.2020, 10.11.2020, 20.11.2020, 22.11.2020, 25.11.2020, 27.11.2020, 29.11.2020 and 03.12.2020 at Annexures – 'C', 'D', 'E', 'F Colly', till NEETPG Entrance Exams are held in 2021;

(C) Your Lordships may be pleased to issue writ of mandamus by issuing any appropriate writ, order or direction in the nature of mandamus or any other writ, to quash and setaside orders dated 20.11.2020, 22.11.2020, 25.11.2020, 27.11.2020, 29.11.2020 and 03.12.2020 i.e. Annexures – 'C', 'D', 'E', 'F-Colly' passed by the Respondent No.1 granting appointment to the Petitioners and other similarly situated persons, as being without any authority of law;

(D) Pending admission, hearing and/or final disposal of this petition, this Hon'ble Court be pleased to stay the execution, operation and implementation of the orders dated 24.07.2020, 10.11.2020, 20.11.2020, 22.11.2020, 25.11.2020, 27.11.2020, 29.11.2020 and 03.12.2020 passed by the Respondent No.1 granting appointment to the Petitioners and other similarly situated persons till NEETPG Entrance Exams are held in 2021;

(E) Such other and further relief as this Hon'ble Court may deem just, fit and expedient be granted in favour of the petitioner.”

2. In this hour of crisis when the battle against the Covid-19 pandemic is still on, a batch of almost 307 doctors have once again disappointed this Court by saying that the Government should not ask them to render their services compulsorily at the Covid Hospitals as they all intend to prepare themselves for the forthcoming PG Entrance Examination (NEET) scheduled to be held some time in March 2021.

3. We would like to remind the writ applicants of what we observed in an identical litigation in the case of Patel Shreyaskumar Kamleshkumar vs. State of Gujarat (Special Civil Application No.9139 of 2020, decided on 19th August 2020). We quote the relevant observations thus :

“Any one with reasonable intelligence matched with hard work can become a doctor and attain the coveted degree of MBBS. However, privileged are the few who are blessed with an opportunity to use their degree and learning to heal this ailing world while it is going through a global crises. You have an opportunity now to not just become the qualified doctors but frontline soldiers in this war against the Covid-19 pandemic. It is neither a demand nor a request. In our opinion, this is a privilege that all of you are blessed with to achieve the self satisfaction of becoming Doctors for a cause. On one hand it is a call of duty. But more than duty, here is an opportunity of a life time to experience the beautify of healing on a scale and challenges which, in our opinion, happen to be historic. Your reward will be the satisfaction of saving lives to scale. Your reward will be self-fulfillment. You will earn the respect of your family, friends and peers as frontline Covid Warriors but, above all, else you will find new respect for life and for living with a sense of purpose and responsibility. Rise to this opportunity to make MBBS = Medics Bound By Service (to all humanity).

In the universal record of 'good karma', the names of young aspiring do