NEW DELHI: The Delhi High Court on Tuesday issued notices to the Centre, the Delhi Government and the Medical Council of India (MCI) on a public interest litigation (PIL) seeking directions to the governments to invoke the Essential Services Maintenance Act (ESMA) and declare illegal the strike by doctors here against the Union Government's proposal to reserve seats for the Other Backward Classes (OBC) in institutions of higher learning.

A Division Bench comprising Justice Vijender Jain and Justice S.N. Aggarwal asked the respondents to file replies to the PIL by June 1.

The petitioner, Scheduled Castes (SC) and Scheduled Tribes (ST) Medical Association, through its counsel, Prashant Bhushan, also submitted that MCI should be directed to take action against the striking doctors because they had violated the professional code of ethics by going on strike.

Accusing the striking doctors of forcing doctors belonging to the SC and ST to join the strike, the petitioner urged the Governments to take action against the guilty doctors. The Association submitted that the respondents had failed to take timely corrective action to restore medical services at government hospitals, which were in a horrible condition due to the strike.

The petitioner submitted the Supreme Court and the Delhi High Court in their separate judgments had held that Article 21 imposes an obligation on the State to safeguard the right to life of every citizen.

The High Court has held that employees of the All-India Institute of Medical Sciences (AIIMS) cannot go on strike or disrupt work, the petition stated. The High Court judgment said the right to life under Article 21 includes the right against denial of treatment or even being prevented from availing of the services of any doctor or preventing any other member of the staff from attending patients and extending medical help to them, the petition said.

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