HC takes serious view of doctors' stir

Upset by the doctors' strike in government hospitals for the last two weeks, the Madras High Court today wondered if the Essential Services Maintenance Act could not be invoked against striking doctors.
A bench of justices N Kirubakaran and V Parthiban posed the query before the state health secretary and other senior government officials, whom the court had ordered to be present today to apprise it of the situation arising out of the stir.
Taking exception to the ongoing doctors' strike, a bench of justices N Kirubakaran and V Parthiban had earlier ordered the personal appearance of top officials, including Principal Secretary (Health and Family Welfare Department) J Radhakrishan, who were present in the court today.

Observing that the doctors should realise the importance of their profession to the society, the bench expressed hope that they would call off the stir as the matter is pending before the court.
The bench expressed the displeasure over the doctors' strike while hearing an advocate's plea seeking a direction to the Tamil Nadu Government Doctors' Association to roll back the stir.
The petitioner had pointed out in his plea that the government hospital doctors have been on strike for the past two weeks seeking reservation of 50 per cent of seats in the PG courses in private medical colleges.

Appearing before the bench, Health Secretary Radhakrishnan submitted that necessary steps are being taken by the government to defuse the situation.

He, however, said despite many discussions with the doctors, there has been no fruitful result and the medical students too have joined the stir.
The bench, which recorded the submission, at one stage observed as to why ESMA should not be invoked against the striking doctors.
"As the matter is sub judice before this court in which the state government is also supporting the striking doctors, this court hopes that the striking doctors would understand the reality and return to work," the court said.

The court said there was no moral or equitable justification for the doctors to go on strike and they cannot hold the society to ransom by going on strike.
"If at all they are aggrieved, they can very well resort to the machinery provided under different statutory provisions to redress their grievances," it said.
The doctors should bear in mind that their strike will affect the society as a whole and particularly the innocent poor patients who entirely depend upon the public health care system, it said.
"This court hopes that the doctors will call of strike and return to duty to continue their service. Despite negotiations and dialogues and the court verdict, if the doctors still go on strike, the matter will be viewed seriously and it is open to the government to act and take appropriate action in accordance with law.