IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15422 of 2009 Vikash Chandra Guddu Baba s/o late Ramashraya Pd. Singh, presently residing at Mahaatma Gandhi Path, Kurji Balupar, P.O.Sadakat Ashram, P.S. Digha, in the town and district of Patna. …… Petitioner Versus 1. The State Of Bihar 2. The Chief Secretary to the Govt. of Bihar, Patna 3. The Principal Secretary, Department of Health, Medical Education & Family Welfare, Govt. of Bihar, Patna 4. The Director-in-Chief, Health Services, Govt. of Bihar, Patna 5. The Medical Council of India through its Secretary, Pocket -14 Sector VIII, Dwarka New Delhi- 10075 6. Sri Dhananjay Kumar s/o not known to the petitioner, reported to be General Secretary of the Junior Doctors’ Association, responsible for compelling the person to the wrath of death as reported ….. Respondents ----------- For the petitioner : Mr.Vikash Chandra Guddu Baba (in person) For the Union of India : Mr. Raghib Ahsan, Asst. SG For the State : Junior Counsel to AAG – II 2 13/11/2009 Heard learned counsel for the petitioner, learned counsel for the Union of India and learned counsel for the State. The petitioner wants this court to interfere in the ongoing strike by some doctors/junior doctors of Patna Medical College and Hospital which is causing miseries to the patients. Reportedly, some people have died also. May be that deaths are not directly due to strike but such strike definitely contributes to the 2 miseries of the people, particularly, patients admitted in the hospital. It has come to the notice of the court that on account of wide ramification of such strike upon human rights of the patients and of the people of Bihar, the Bihar State Human Rights Commission has already taken up the issue and issued notices to the concerned parties. We are of the view that the Commission is most suited to tackle the humanitarian aspect of problem and take action in accordance with law against all those who are responsible for creating the situation which has led to violation of human rights of the patients and particularly those who may have died due to ill-effect of such strike. In view of aforesaid, we direct the petitioner also to approach the Commission with whatever material and assistance he may be having at his command. It is expected that the Commission shall take action in accordance with law. In case the Commission feels the need of seeking help of this court, this court may consider the recommendations of the Commission in 3 public interest. With the aforesaid observations, this application is disposed of. Neyaz/ (Shiva Kirti Singh, ACJ.) (S. K. Sharma, J.)