ARUN KAUSHAL ADVOCATE Vs. UNION OF INDIA

JUDGEMENT

(1.) The All India Institute of Medical Sciences (hereinafter referred to 'AIIMS') is a premier medical institution of the country and a centre of excellence for learning. It was established by the All India Institute of Medical Sciences Act, 1956 (Central Act No. 25 of 1956). The Statement of Objects & Reasons states as follows:-

(2.) Being an Institution of National Importance, the AIIMS has enjoyed a primier status in the country. While there is an All India Entrance Examination for the other medical colleges in rest of the country, insofar as admissions to AIIMS are concerned, the same are governed by a separate entrance examination. Cream of students undergoing medical education seek admission to this Institution. The Institute amongst others performs such functions, which are not performed by other medical institutions, namely, to:

(3.) It is unfortunate that such an Institute of Public importance and utility had to suffer because of strike by the members of the Faculty Association. Undue prolonged strike led to filing of this petition by two public spirited citizens to issue appropriate direction to the respondents to impose ban on such strikes. On 17.2.1999 while noticing the stand taken in the petition and as was orally stated on behalf of the AIIMS, Faculty Association was added as respondent No.9 and notice was issued to the others. Respondents 1 to 3 were directed to file affidavit to state the measures taken to bring an end to the strike. The order reads:-