Medicos unfazed by apex court’s threat, govt hardens stand

Medicos unfazed by apex court's threat, govt hardens stand
PTI

Tuesday, May 30, 2006  19:43 IST

NEW DELHI: Unfazed by the Supreme Court's virtual threat on Tuesday of contempt proceedings against them, striking medicos decided to continue their anti-quota stir even as the government announced Army and railway doctors would be called in and fresh recruitments made from Wednesday to maintain health services.

Expressing displeasure at the medicos ignoring its appeal to call off their strike, the apex court indicated contempt action could be launched against them if they continued to ignore the plight of patients who had been left 'at the mercy of god'.

"We are told they (students) are continuing with the strike. If they are over-reaching our orders, they are in for a surprise. It can amount to contempt," warned a vacation bench comprising Justices Arijit Pasayat and L S Panta, taking suo motu notice of the continuation of the strike.

Soon after the apex court made its observation, Health Minister Anbumani Ramadoss met Prime Minister Manmohan Singh and announced the government would requisition the services of Army and railway doctors and make fresh recruitments from Wednesday.

"We will be taking a lot of steps from Wednesday to maintain the services including new recruitments. We are going to ask Army and railway doctors to work (in state-run hospitals)," Ramadoss told reporters.

Despite these developments, the medicos decided to carry on with their agitation. The apex court's order is not addressed to them and it does not carry a contempt of court threat, said representatives of Youth for Euqality, which is spearheading the agitation.

Ramadoss said the Prime Minister has directed that "(health) services have to be maintained come what may", but ruled out the invoking of the Essential Services Maintenance Act to deal with the situation.

The apex court also expressed displeasure at the students continuing their protest despite its "clear indication" that the quota issue is being examined by it.

"Surprisingly, contrary is happening. Ultimately people waiting to get treated at hospitals are being affected," the bench observed.

Making it clear that the medicos cannot protest since the matter was sub-judice, the bench spoke about two judgments of the apex court to caution them.

"We are not concerned at this stage about the government policy. We are concerned at this stage about the plight of the people," the bench said, asking Additional Solicitor General Gopal Subramanian to file by on Wednesday a memorandum giving details about the latest position regarding the protests by the medicos.

Ramadoss said while retired doctors would be appointed on contract, the new recruitment was going to stay.

"Doctors have the right to air their views but not during duty hours. Two weeks time is too long a period and a lot of poor patients from Bihar, Uttar Pradesh and North East are suffering," he said.

Our future is in the Court

Our future is in the Court
Gautam Adhikari

Wednesday, May 31, 2006  01:09 IST

India is a unique experiment in nation creation. We must recognise it as such in order to resolve why we mustn’t let mere politicians destroy it. For, left to their machinations, the likes of Arjun Singh, and VP Singh before him, will spread their divisive malignancy to a point from which we may not be able to arrest a fatal degeneration of the idea of India.

There is no other successful attempt at building a nation that is anywhere like what we have created and sustained over 56 years. The European Union comes closest as an experiment similar to ours but it hasn’t lifted off the ground yet. Our bold venture began in 1950, when we became a republic governed by principles laid out in a carefully crafted Constitution. It was a democratic republic in which the range of ethnic, religious, linguistic, racial and caste differences were of such magnitude and diversity as to be unprecedented in the history of nation building. We have so far done marvellously to hold it together. Because, thanks to our Constitution we resolved not to hold anyone’s caste or ethnic, linguistic, religious identity to stand in the way of equality under the law.

However, soon after the Constitution came into operation, the principle of equality (Article 14) and of prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15) were compromised by the First Amendment carried out in 1951. A clause was added to Article 15 saying that the state could make special provision “for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes”. We took that in our stride though, correctly recognising the centuries of social humiliation and psychological debility caused by the abhorrent practice of untouchability and the extreme backwardness of India’s tribes.

Unfortunately, that compromise has come to haunt us. To secure their own political backyards, a series of opportunistic politicians — Charan Singh and VP Singh, to cite two — drove the truck of quotas for a nebulous and malleable concept called “other backward classes” through that crack in the Constitution. Today, wily Arjun Singh has thrown a Molotov at the government and the Congress party with a similar intention. A paralysed Manmohan Singh and a wow-what-just-hit-me Sonia Gandhi are floundering to manage the crisis at a time when they should be attending full time to accelerate the growth of New India. Mercifully, the Supreme Court has stepped in.

Warning, rightly, the striking doctors to go back to work or risk contempt of court, the court has observed that any renewed emphasis on quotas would “divide the country on caste basis”. Indeed. Why, at this point, must any government disrupt the cohesion of a stabilising society? The court has asked the government to explain the basics of its reasoning justifying quotas for OBCs, adding that “these issues would have serious political and social ramifications”.

Good. We can only hope the Court will knock common sense back into the polity and help resolve this issue once for all. The future of our nationhood hangs in the balance.

Quota row: SC issues ultimatum to students

Quota row: SC issues ultimatum to students

Manu Sharma, Mohuya Chaudhri, Aradhana Sharma Watch story Tuesday, May 30, 2006 (New Delhi): The striking doctors have been asked by Prime Minister Manmohan Singh, President A P J Abdul Kalam to end the strike against reservations. And now, the Supreme Court has issued a virtual order, saying medical students must call off their strike or face contempt charges. But so far, the striking students have remained defiant. The government too was asked to submit a memorandum about the status of the strike. In a strongly worded direction, the court said: "In view of the fact that issues related to reservation for OBCs by the court, agitations, protests, and strikes relating to those issues should be immediately called off more particularly in greater public interest," added the apex court. The agitating doctors are now seeking legal opinion in the wake of the apex court's observations. But clearly, time is running out for the medical students. They have just few hours before the Supreme Court comes down heavily on them and the government begins looking for their replacements. Fresh recruits Following a meeting with the Prime Minister, Union Health Minister A Ramadoss announced that the government's priority is now going to be to restore health services at the earliest. New recruits and retired army doctors will be hired from Wednesday to work in the affected hospitals. He also said that the PM was disappointed that the striking doctors had ignored his appeal. "We have appealed enough to the students. PM is disheartened that services have not been restored till now," A Ramadoss, Union Health Minister. NDTV has also learnt that the President has asked the Prime Minister to keep the well-to-do or creamy layer amongst the OBCs out of the quotas. At a meeting last week, President Kalam also said that seats must be increased in higher education institutions. The Oversight Committee set up by the Prime Minister to look at the reservation roadmap also met on Tuesday evening. At the meeting, Finance Secretary Adarsh Kishore said money will not be a problem for increasing seats. Congress President Sonia Gandhi is also believed to have conveyed that the crisis must be resolved soon. Widespread protests Notwithstanding the court's directive, protests continued across the country on the quota issue. In Gujarat, the Ahmedabad Medical Association took out an anti-quota rally. About 5000 private clinics, dispensaries and hospitals also remained closed. The Indian Dental Association held demonstrations in Ahmedabad as well, with over 400 doctors in four municipal corporations on strike. In Chandigarh, traders, doctors and chemists observed a protest shutdown and doctors reportedly set fire to their MBBS degrees in protest.

Quota stir ‘very serious’, end strike immediately: SC

Quota stir 'very serious', end strike immediately: SC

http://www.expressindia.com/fullstory.php?newsid=68446

R Venkataraman & Agencies
Posted online: Tuesday, May 30, 2006 at 1110 hours IST
Updated: Tuesday, May 30, 2006 at 1418 hours IST

New Delhi, May 30: In a suo moto cognisance the Supreme Court on Tuesday took a serious view of the on going anti-quota protests against the proposed 27 per cent hike for OBC

The apex court directed the Additional Solicitor General Gopal Subramanium, representing the Centre, to file a memorandum and the latest position with regard to the strike, and listed the matter on Wednesday for further hearing.

The vacation bench of Justice Arijit Pasayat and Justice L S Panta in a brief order on Tuesday said that the court has given enough indication to end the strike.

The order was unscheduled as there was no case listed in the matter. The unusual turn was provoked by the continuing strike.

The order is as follows:

“It has come to our notice that notwithstanding the clear indication given by this court that in view of the fact that issues relating to reservation for OBCs are being examined by this court, agitations, protests and strikes in relation to this issue should be immediately called off, more surprisingly, the contrary seems to be happening. This is a very serious matter. It is ultimately the people who want to be treated at the hospital got affected.

List the writ petitions tomorrow May 31, 2006. Let learned Additional Solicitor General file the memorandum indicating the latest position as regarding the agitation, protests and strikes relating to the issue.

Copy of the order be given to the Additional Solicitor General.”

The students immediately called a general body meeting to decide their next course of action. The protesting doctors were consulting legal experts and holding a meeting. "We are consulting legal experts," said Dr Vinod patra, President of the AIIMS Resident Doctors' association. Dr Neha Gami, a spokesperson of 'Youth for Equality', which is spearheading the medicos' agitation, said, "we will be in a position to comment only after we receive a copy of the court order."

The meeting of representatives of the protesting doctors was being held to discuss the observations made by the Supreme Court, Gami said.

Patra said "we will examine the Supreme Court directive word by word and take a decision."

Talking to a news channel, a representative of the striking doctors said, "if the Supreme Court has given such an order, we will definitely respect the judiciary".

The fact that SC has "acknowledged our PIL is important for us ", he added.

On Monday the apex court, in a moral observation, had observed, "agitation should stop now, although we are not making it a part of the order".

When the petitions council sought an interim stay, Justicse Pasayat had said, "it’s not necessary. We have put them on enough alert".

However, agitating anti-reservation medicos on Monday night decided to continue their strike despite an appeal by the Supreme Court to call off their fortnight-long stir.

The decision was taken at a meeting of representatives from 30 medical colleges across the country.

"We have decided to continue the strike. We respect the Supreme Court directive to the Centre to explain the basis on which it went ahead with the OBC quota. This has strengthened our charter of demands," said Dr Vinod Patra, President of AIIMS Resident Doctors' Association.

Asked about the Supreme Court appeal to end the strike, he said "we will consider it as soon as it reaches us."

Supreme Court orders doctors to end strikes

Supreme Court orders doctors to end strikes

NDTV Correspondent

Watch story

Tuesday, May 30, 2006 (New Delhi):

The Supreme Court has ordered doctors to end more than two weeks of anti-reservation strikes or face contempt of court charges.

It said the strikes should be called off in the interest of patients and told the government to report on the status of the protests by Wednesday.

The court on Monday asked the Central government to explain on what basis it announced OBC quotas in higher education.

The comments came as the court admitted petitions against reservations but refused to order a stay.

After a brief meeting doctors said they will consult their lawyers before announcing their decision in the wake of the development.

Meanwhile, President A P J Abdul Kalam has asked the government to keep the creamy layer out of the OBC quota in institutions of higher education.

The President conveyed this to Prime Minister Manmohan Singh in a hour long one-to-one meeting last weekend.

Protests

Earlier in the day, before the apex court's ultimatum, students intensified their protests. The faculty at AIIMS were holding a 24-hour strike against reservations.

And reports said about 1000 students from Delhi University were also holding a rally against the quota plan.

In Gujarat, the Ahmedabad Medical Association is holding a rally. About 5000 private clinics, dispensaries and hospitals also remain closed.

The Indian Dental Association is holding demonstration in Ahmedabad as well, with over 400 doctors in four municipal corporations on strike.

In Chandigarh, traders, doctors and chemists are observing a protest shutdown and doctors reportedly set fire to their MBBS degrees in protest.

Separately, the Oversight Committee is holding its first meeting on Tuesday to find a solution to the reservation issue.

The Committee was appointed by the Central government under Veerappa Moily as its chairman.

OBC quotas: SC seeks govt’s reply

OBC quotas: SC seeks govt's reply

NDTV Correspondent Monday, May 29, 2006 (New Delhi): The Supreme Court has asked the government to explain on what basis it announced OBC quotas in higher education. A day after anti-quota students rejected the government's offer, the Supreme Court admitted a Public Interest Litigation which said: There has been no census to determine the population of backwards. The government added to the list of OBCs over the years. No caste has been excluded on the basis of betterment criteria. The SC intervention may not stop the government from going ahead with its OBC reservation plan, but it has questioned the government's intention. Startling facts The government is likely to base its reply on statistics from the National Sample Survey Organisation's report. In the last available survey, done six years ago, out of every 1000 males in rural India, only 24 OBC males reach graduation level compared to 59 of the upper caste. The divide is much more stark in urban India where out of every 1000 males, 226 upper caste males reached graduation or above compared to only 89 OBC males. It is this lack of higher education among the OBCs, which is responsible for their absence in white-collar jobs. But another important statistic shows a rise in the money spent by OBCs, a sign of greater economic well-being. The argument is being cited by anti-reservation activists to push for the exclusion of the creamy layer from quotas. The government is yet to make a move in this regard.

Anti-quota forum welcomes SC notice to Centre

Anti-quota forum welcomes SC notice to Centre

Bangalore, PTI :

Anti-quota protesters under the banner of "Youth for Equality" (YFE) today welcomed the Supreme Court's notice to the Centre questioning the basis on which a policy decision to implement 27 per cent reservation was taken.

Describing it as a "first positive result" of their agitation, the protesters from various districts in the state who decided to "fight unitedly" under YFE Karnataka at a meeting held here, hoped the Supreme Court would not allow caste politics to enter education, YFE convenor Karnataka, Kumar Gaurav told PTI.

YFE, Karnataka, will participate in the forum's national committee meeting in Delhi next month where it will put forth its three-point charter of demands, he said.

 The demands are: roll back proposed hike in OBC reservation with immediate effect in Central educational institutions; setting up a non political review committee on the issue of reservation and a fixed time frame on reducing the existing reservation to zero.

SC issues notice to Centre on reservation issue

SC issues notice to Centre on reservation issue

New Delhi, PTI:

The Supreme Court today issued notice to the Centre questioning the basis on which a policy decision to implement 27 per cent reservation was taken.

A vacation bench comprising Justice Arijit Pasayat and Justice L S Panta appealed to the agitating students to give up their strike since the apex court has decided to examine the entire issue.

 The Bench while issuing notices to the concerned ministries asked them to explain the modalities to be adopted for the implementation of the policy.

The court sought the response from the government on how it would deal with the matter and the basis for identifying the OBCs, besides the rationale for adoption of norms.

The court granted eight weeks to the government to file counter-affidavit on implementation of the policy.

The court said it will examine the effect of the policy's implementation which the petitioner said will result in division of the country on the basis of caste.

"These questions have serious social and political ramifications and this court will deal with it appropriately," it said.

The court was hearing two petitions on the issue filed by Shiv Khera and another by advocate Ashok Kumar Thakur.