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Easier, the Institutional Way
Ilie Government doctors strike has come to an end <>n the sixteenth day by virtue of a High Court Order in the shape of a mandatory injunction. Almost a miracle has happened given the way t' were drifting between the medicalmen. led bv the BMA. and the Health Ministry. Its neither media persuasion nor a last-minute settlement negotiated through any normal administrative mechanism nor indeed thp fear of alienation from the public th^t has made it possible.
['he Vacation Bench of the High Court Division of the Supreme Court not only issued the manda-torv injunction on the striking doctors asking them to resume their duties immediately it also delivered Rule Nisi upon BMA and others "to show cause as to why their strike should not be declared illegal." So. on a writ petition, the very legality of their strike is coming under -a process of adjudication at the highest level of the Judi ciary. The doctors association will now make out a case defending their strike. It is noteworthy that the BMA does not say it has called off the strike. On the contrary, it has used the word postponement" while referring to its latest action. In other words, the BMA seems to be retaining its right to strike — in the same matter.
The High Court, on a petition filed by the BMA President Dr M A Majed, on the other hand. has issued Rule Nisi. returnable within four weeks., upon the government to show cause why the terms of the agreement it had reached with the BMA on January 20. should not be implemented by it. The BMA argues that a 7-member inter-ministerial committee was formed on February 13. to implement the decisions contained in the agreement, not later than a month thencefor ward. But nothing tangible really followed despite, numerous Sittings with the government, they add.
As things stand now the government has promoted the 7th grade health cadre officials to the sixth grade scale and is ready to implement four other demands like regularisation of the services of 1362 adhoc appointees, regularisation of the positions of the acting Civil Surgeons and Assistant Directors, exemption of the doctors (up to the 10th BCS) from senior scale examinations, etc. and encadrement of doctors working in the family planning directorate.
While reflecting on the latest turn in the situation we are constrained to make what we believe to be some quite valid points. It is not agitation but an ultimate recourse to the institution of judiciary. as the final arbiter of Justice, that a remedial process has got underway now. Since it is an institution that we have to go to anyway for the redressal of our grievances why not adopt the institutional methods from the very beginning to sort out problems? The tax-payers were denied of medical treatment when, on nc-
tioning government hospitals aAd rurS’feslth centres, private practice also came to a partial halt. Consequently, a writ was filed seeking to restore medical services in the country.
What however, cannot escape public notice and perhaps a close scrutiny, is why the BMA did not seek a Judicial remedy in the first place before deciding to go for the strike which put the whole nation through an oraeal. The Rule Nisi that has now been issued on the government could have materialised much earlier and the process of implementation of their demands quickened.’ even smoothened.
The BMA no doubt has a constituency to serve, namely, that of thousands of doctors and the medicalmen are also very much entitled to their individual political inclinations: but when it comes to dealing with the lives of people it is the professional responsibilities that should top their agenda.