B RAVI KIRAN SWAMY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) A practicing advocate of this Court, being the petitioner herein, approaches this Court with the above writ petition asking for a declaration that the action of the 9th respondent, being the association formed by junior doctors, in not attending duties from 27.09.2014 in the name of strike and depriving medical assistance to the poor and needy as arbitrary and illegal, and a direction to the respondents 1 to 8 to implement the stipulations given in G.O.Rt.No.1022, dated 17.08.2013 issued by the Government of Andhra Pradesh against the 9th respondent association in the interest of justice.

(2.) FACTS stated in the petition in order to get aforesaid relief are summarized as follows: The 9th respondent herein is the Junior Doctors Association, Osmania Medical College, Hyderabad. The said association on 27.9.2014 issued a strike notice to the 5th respondent herein informing in substance that they would be striking work in emergencies and electives for their demands mentioned therein without mentioning any date from which they would start. However, as a matter of fact, on and from 29.9.2014 members of this association have been absenting themselves from their duties and also causing disturbance in providing medical services to the needy and diseased in the State of Telangana. It has become their regular feature of resorting to strike for exerting if not extorting their demands. Their strike is neither reasonable nor lawful, rather it leads to total indiscipline in working atmosphere of the hospitals. In the State of Telangana, the patients have been suffering due to their blocking of emergency wards and other areas of the hospitals consequent upon the strike. In spite of repeated requests and negotiations by the competent authority, the 9th respondent is adamant in not withdrawing the strike. As per the guidelines issued under G.O.Rt.No.1022, dated 17.8.2013, issued by the then Government of Andhra Pradesh, if any student participates in an agitation/strike, they should be dealt with by initiating disciplinary action for taking punitive measure, amongst others, by debarring them from the course for a period of six months in the Dr. N.T.R. University of Health Sciences. The respondents 1 to 8 herein are not making any effort in terms of the Government Order as above to remove the tents erected within the college and hospital premises as a part of the agitational programme and strike of the said association. Hence, the respondents 1 to 8 failed in discharging their duties in curbing the strike call given by the 9th respondent association.

(3.) THE action of the 9th respondent association in resorting to the strike and consequently abstaining themselves from duties and causing disturbance in providing medical assistance to the poor and needy, ailing persons is highly insensible and autocratic.