AIIMS docs can’t strike work: HC

Also spelling trouble for the doctors who resorted to strikes in July 2006,the court declared the agitation as “illegal” but also ordered the formation of a committee to probe the incident and bring the protesters to book under the Medical Council Act.

The High Court was disposing a PIL filed by the Scheduled Castes and Scheduled Tribes Medical Association,seeking a complete ban on strikes called by AIIMS doctors. “It is obligatory on the part of the AIIMS authorities to see that no one involved in the institution shows any kind of deviancy by taking recourse to strikes,protests or demonstrations,and he who engages in such activity would be liable for disciplinary proceedings and also for the contempt of this Court,” a Division Bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said.

The court also sent a stern message to those involved in the functioning of the All Indian Institute of Medical Association,saying nobody — in the light of a patient’s unimpeachable right to health — could espouse a cause by calling for strikes or demonstrations,or “coerce” workers and doctors willing to work against attending to patients.

“All concerned with AIIMS must dedicate and devote themselves to its excellence,keeping in mind that health of the citizens is the wealth of the nation,and the same cannot be jeopardised,” the Bench directed,observing that the doctors must not forget the objects laid down by the AIIMS Act.

The Bench expressed disappointment over the strikes that were called in May 2006 for 17 days,protesting reservation under the OBC quota,and then again in July 2006 over the removal of its then Director P Venugopal. More strikes were held in August 2007 over the then Health Minister’s refusal to sign degrees and again in November that year over the issue of passing the Amendment Bill,fixing the age of retirement of the AIIMS director.

“The strikes had a tremendous impact and the patients suffered as emergency services were shut down. Patients awaiting treatment remained in the hospital being untreated in a serious condition,patients who were admitted for surgery and other advanced treatment remained in agony. Further,certain doctors who wanted to assist the patients were coerced into not attending to the patients,” the court stated.

On the government’s obligations,the court said a “failure on the part of the government hospitals to provide timely medical treatment to a person in need results in violation of his right to life guaranteed under Article 21”.

Reacting to the verdict,Dr Manoj Singh,president of the Faculty Association at AIIMS,said: “We have sent repeated reminders to the administration to constitute the permanent negotiation machinery,but our appeals have been ignored. While we do respect the order of the HC,in a democracy there has to be some mechanism for employees to address their problems.”