Justice Ranjana Prakash Desai who along with Justice H L Gokhale was to hear the matter recused herself from the case saying "it would not be proper" for her to hear the plea as her husband was also a practising doctor and a member of the Indian Medical Association, which has called the strike.
The IMA has called the strike to protest against some of the Union government measures, purportedly aimed at reforming and streamlining the medical profession, while an NGO, People for Better Treatment (PBT) has approached the court opposing the doctors' strike and seeking it to be declared as illegal.
Though senior counsel M N Krishnamani and Rabin Majumder submitted to the bench that they have no objection to Justice Desai hearing the matter, the judges took the stand that only a different bench can hear it.
Doctors affiliated to the Indian Medical Association (IMA) have decided to resort to a country-wide strike on June 25 to protest against the Union government's decision to set up a National Commission for Health and their other policy decisions affecting the medical profession.
According to the IMA, the Centre has set up a National Commission for Health and has brought under its umbrella the National Council for Human Resource in Health, Bachelor of Rural Health Care and MCI.
The government has also proposed some amendments in laws related to clinical establishment and private practise which is being resented by doctors.
The People for Better Treatment (PBT) on its part has submitted to the apex court that the proposed strike violates, apart from the Hippocrates Oath, several other provisions in the Medical Council of India (MCI). (More)
