In a PIL regarding indefinite strike by Resident Doctors, the court held that such relief cannot be granted in 2018. It declined to decide academic questions and disposed of the petition without order as to costs.
PIL disposed of with no order as to costs; relief prayed for in PIL cannot be granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
PIL77.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.77 OF 2015
Afak Anwar Mandaviya … Petitioner v/s Maharashtra Association of Resident Doctors (MARD) and others … Respondents
Mr Datta Mane for Petitioner.
Mr Prashant Pophale i/b M/s PMH Law for Respondent No.1. Mr Milind More, AGP for Respondent Nos.2 to 6 and 9. Mr S.S. Pakale with Mr H.C. Pimple for Respondent Nos.7 and 8.
CORAM : B.R. GAVAI &
B.P. COLABAWALLA, JJ.
DATE : JANUARY 9, 2018
P.C. :
Respondent No.1 for going on indefinite strike.
cannot be granted.
1/2
VRD
PIL77.15
academic questions. PIL is disposed off. No order as to costs.
(B.P. COLABAWALLA, J.)
(B.R. GAVAI, J.)
2/2
VRD
3 issues framed by the court
Whether relief can be granted for restraining indefinite strike in the context of the current year.
Whether the court should decide academic questions in a Public Interest Litigation.
Whether the PIL should be disposed of given the academic nature of the question.
Afak Anwar Mandaviya
Maharashtra Association of Resident Doctors (MARD)
others
B.R. GAVAI
B.P. COLABAWALLA
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
