I.A.No. ….. of 2006 in Writ Petition (C) No. 265 of 2006

1. Upon mention, the matter is taken on board. An application has been filed by the Resident Doctors Association, Maulana Azad Medical College and Resident Doctors Association, All-India Institute of Medical Sciences. Issue notice.

2. The response to this application shall be filed within the time allowed to the Central Government to respond to the writ petitions.

Writ Petitions (C) Not. 265 & 269 of 2006

While issuing notice on 29-5-2006 Ashoka Kumar Thakur v. Union of India, 2011 (12) SCC 785 , [LQ/SC/2006/525] we had formulated the basic issues which arise for consideration. It goes without saying that if any connected or ancillary issue or issues is/are to be examined or require to be examined, that shall be done. If any additional points are necessary to be adjudicated, it is always open to the persons concerned to make application to be impleaded in the writ petitions or file separate petition. It also needs no reiteration that if ultimately the policy, which is yet to be implemented, is in fact implemented, the same shall be subject to the result of the writ petitions.

3. Additionally, we find that the protests, strikes, demonstrations, etc. necessarily relate to expression of view, stand or concern by the doctors concerned, students and others. There cannot be two channels for adjudication. Since the issues are being examined by this Court, if the strikes, etc. are permitted to be continued, they practically yield no result except causing inconvenience to the general public.

4. As was noted by this Court in Paschim Banga Khet Mazdoor Sumity v. Slate of W.B., 1996 (4) SCC 37 [LQ/SC/1996/937] a persons right to get treated is inseparable from Article 21 of the Constitution of India. Keeping that aspect in view, we had required the persons who were on strike, demonstration, etc. to call them off to avoid inconvenience to the patients. The damage done to a patient is sometimes irretrievable, but the grievances of the persons who are resorting to strikes, etc. can be remedied in appropriate proceedings and the issues are being examined by this Court.

In that background, making the position clear that if any action is taken by the Government in respect of the impugned policy, the same shall be subject to the outcome of the present proceedings and/or any proceeding which may be filed relating to the issues, we direct that all protests, strikes and demonstrations or any such form of dissent relating to the issues being examined and/or connected and/or incidental and/or relatable thereto shall be called off forthwith. The medical services shall be restored forthwith. The doctors cannot be insensitive to the plight of patients.

5. Let the learned Additional Solicitor General file a status report by tomorrow, 1-6-2006. These matters shall be listed tomorrow i.e. on 1-6-2006.

6. It goes without saying that notwithstanding the pendency of these petitions, it is open to anyone who feels that he has something to suggest about the issues involved, he can make a proper representation to the Central Government, which we are sure, shall be duly considered. It is also open to him to approach this Court to be impleaded in these proceedings or file a separate petition, as noted above. In case, the strikes, etc. are called off, as directed, we are very sure the Government shall appropriately consider the feelings of the doctors or the students and shall not take any punitive action for whatever has been done till the strikes, etc. arc called off.

7. If, in the meantime, the services of any doctor have been terminated for participating in the strikes, etc. the Government shall permit them to join forthwith. In these cases, the doctors concerned are granted three days time to join back. Mr. Gopal Subramanium, learned Additional Solicitor General stated that if. within a period of three days, the doctor concerned joins hack, the order of termination shall be recalled.

8. Our order shall be communicated by the learned Additional Solicitor General to all the States and Union Territories through the Chief Secretaries concerned so that the same can be given effect to throughout the country.

A copy of our order shall be handed over to the learned Additional Solicitor General today.