S.MUKERJEE - (1.) This matter arose pursuant to suo motu notice taken by us in relation to the then ongoing strike by the Resident Doctors Association of AIIMS in the month of August, 2001. Taking note of the observations of the Apex Court in Surjeet Singh v. State of Punjab and others, AIR 1996 SC 1388 : 1996 (2) SCC 336, it was felt that the right to life enshrined under Article 21 of the Constitution of India, would include the right against denial of treatment or even from being prevented from availing the services of any doctor or any other member of the staff from attending to patients and rendering medical assistance to them. In doing so, we also relied upon the judgment in Vincent Panikurlangara v. Union of India, 1987 (2) SCC 165, Consumer Education and Research Centre and others v. Union of India and others, AIR 1995 SC 922 : 1995 (3) SCC 42 : 1995-II-LLJ-768 and Paschim Banga Khet Mazdoor Samity and others v. State of West Bengal and another, AIR 1996 SC 2426 : 1996 (4) SCC 37. Learned Additional Solicitor General Sh. R.N. Trivedi was also requested to assist the Court in this matter being one of social importance and relevance.
(2.) On August 29, 2001, we were informed that the strike in AIIMS had been called off, but that the grievances of staff remained, and therefore certain permanent measures were required to tackle the problem.
(3.) We directed the management of AIIMS to indicate the progress in the enquiry stated to have been initiated and also to indicate the measures which can be taken for expeditiously looking into and resolving the grievances of the employees and the doctors working in the hospital, in order to avoid frequent resort by the aggrieved staff to strikes. Thereafter the matter was adjourned from time to time, and on February 1, 2002 we were informed that certain suggestions of the learned Additional Solicitor General were being considered by the General Body of the AIIMS.;