AHAMMED KUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) By this common order, we propose to dispose of four connected petitions bearing Nos. 1003, 1023, 1067 and 1249 of 2007. The bare minimum facts, however, that need necessary mention have been extracted from WP (C) No. 1003 of 2007-S, Ahmedkutty v. State of Kerala and Others. The petitioner is an Advocate, who is stated to be widely involved in social activities. Through the present petition filed by him, he invited the attention of this Court to the illegal, irregular and most felonious attitude of organisation of doctors, from whom the whole society expects great responsibility and nobility. It is the case of the petitioner that one of the greatest achievement of Kerala Model development is the public health system which was developed and patroned by the Government of Kerala. This system imparted a health security consciousness, primarily among the poor people in the State. The well dedicated and scholared doctors who followed this profession is considered as very sacred, but by passage of time the system has begun to change. Now, one of the extreme steps likely to happen is the strike called on by the Indian Medical Association, Kerala Branch on 12/01/2007. The strike is stated to be in connection with the arrest against a doctor in Medical College, Kottayam on charges of corruption, negligence and consequential death of a young man. The police has registered a case against him. He was also suspended from service. Against this, the organisations of doctors started agitation by conducting strikes by all the doctors at all the five Government Medical Colleges following a call given by the Kerala Medical College Teachers' Association. This strike seriously disrupted the functioning of all the Government Medical Colleges and is still continuing to affect the public in large scale. On the same date, whole doctors, including juniors and P.G. students of Kottayam Medical College went on a 24 hours strike. That strike practically paralysed the whole function of Medical College, including the out patient department. Thousands of poor people were the victims of that strike. The news item appeared in 'the Hindu' dated 8.1.2007 has been produced along with the petition. Apart from continuing hazard, now the Indian Medical Association has called for a full day strike by all the doctors including the private doctors. On 07/01/2007, the Indian Medical Association (I.M.A.) had conducted a press conference at Kochi and announced a 'medical strike' on 12/01/2007. The prayer in this petition is to issue a writ in the nature of mandamus declaring the strike as alleged to be conducted by the doctors to be illegal and also to issue a writ in the nature of mandamus directing the 1st respondent State of Kerala to invoke the provisions of Essential Services Maintenance Act.

(2.) Pursuant to notice issued by this Court, the 1st respondent State of Kerala has filed a statement. We need not delve upon the contents of the statement made by the State, as suffice it to mention that the Minister (Health and Social Welfare) on 06/01/2007 at 4.30 p.m. along with members of Kerala Government Medical College Teachers' Association has given the following suggestions:--

(3.) The grievances of the doctors, if any, it appears, is being redressed by the Government itself. The decisions or suggestions by the Government apart, it is always open to the aggrieved doctor or association of doctors to approach different forums, be it Government or the Court, if it may find that something wrong has been done either to the members of their association or an individual doctor. This decision or suggestion given by the Government aforesaid on 06/01/2007 is known to all the doctors of the State.