Doctors have a paramount duty to administer treatment and save lives, and any form of protest or strike leading to denial of medical treatment is illegal.

This writ petition under Article 226 has been filed as a Public Interest Litigation and on a mention having been made regarding urgency of the matter, has been taken today.

2. Petitioner is a practicing advocate and has raised cause of poor people of State, particularly, ailing ones whose sufferings have aggravated due to strike observed by junior doctors in State Medical Colleges since 30th May, 2016 as a result whereof a number of patients have died as reported in print media and copies of some newspaper reports have been filed along with this petition.

3. We are informed that for the purpose of admission in post graduate courses State Government has launched a scheme providing for extra marks for services rendered by a doctor working in Provincial Medical Services and has served in rural areas. This matter was challenged in High Court and against an order passed by this Court it has gone to Supreme Court. However, apprehending adverse consequences due to judicial orders passed in those matters affecting junior doctors who are admitted in Post Graduate Courses, as a mark of protest they went on strike on 30th May, 2016. Newspaper reports show that several operations have been deferred, condition of patients is miserable and in some places patients have also died due to lack of adequate medical treatment. In daily newspaper 'Hindustan' published on 01.06.2016, it is said that on Monday and Tuesday, 10 patients have died due to aforesaid strike. Several patients are being refused admission in Trauma Centres and in OPD at Lucknow, about 6000 patients were returned, without being attended by the doctors.

4. We are informed that this condition is continuing for the last three days and today is forth day. It is a serious matter. We, therefore, called upon learned Additional Advocate General, Mrs. Bulbul Godiyal assisted by learned Standing Counsel Sri Sanjay Bhasin. She informed us that junior doctors in various other Medical Colleges like Allahabad, Jhansi, Kanpur, Meerut, Ambedkar Nagar etc. have already called back their strike and Government has also made arrangement for proper functioning of hospitals attached to medical colleges by deputing doctors from Provincial Medical Service. Further senior doctors in State Medical Colleges are also attending their duties beyond normal period. Regarding action taken against erring doctors she requested time for taking instructions. We, therefore, deferred the matter and reassembled at 03.45 p.m when Professor Ravi Kant, Vice Chancellor, KGMC, Lucknow as also Professor V.N. Tripathi, Director General, Medical Education were present.

5. We are informed that Resident Doctors Association, KGMU, Lucknow has given in writing to the Vice Chancellor informing that they are withdrawing their protest with immediate effect. Similarly, Professor V.N. Tripathi, Director General, Medical Education informed that as per his information, across the State, all State Medical Colleges are now running smoothly and wherever Junior Doctors had gone on strike/ protest/ abstention from work, they have withdrawn the same and returned back to work. Information at least is relieving and soothing, considering the interest of patients who have to be attended in those medical colleges, but we find that, it is not a matter which can be closed only on the basis of aforesaid statements since in our view it requires some further consideration and a course of action need be observed in future to avoid any recur of such incident.

6. Court can take judicial cognizance of the fact that in past, doctors in Medical Colleges or Government Hospitals or in Provincial Medical Services etc., have gone on strike for one or the other reason. The reason may be justified but the mode of protest adopted by doctors in declining to discharge their duties of attending patients, administering medical treatment to him/her and make effort to save lives of serious patients cannot be accepted for any reason whatsoever.

7. The paramount fundam