MUMBAI: Patients in Mumbai and across Maharashtra can breathe easy as the Indian Medical Association (IMA) on Thursday withdrew it after Bombay high court suo motu (on its own) took up the issue head on, instituted a public interest litigation (PIL) and at one point asked, “if 50 patients die and you (doctors on strike) eventually succeed. Are you going to bring them back?’’The HC directed the state to expedite the implementation in “letter and spirit’’ its August 3 GR on the issue and hold meetings.“We want to lay down a law that doctors cannot go on strike,’’ said the Acting Chief Justice RV Ghuge and Justice Gautam Ankhad. “We are concerned for the patients,’’ it said as it took up the issue suo motu as a PIL.The ACJ and Justice Ankhad said they read the day’s newspapers of news of IMA calling for statewide strike and at 11 am took up the issue on its own as a PIL, also noting the strike called by MARD where around 12000 doctors were set to boycott emergency services as well as OPD services from August 6.The IMA had called for a 24-hour strike of allopathic doctors to protest the state government’s proposal to grant Maharashtra Medical Council registration to homeopath practitioners who completed a brief pharmacology course.Maharashtra Advocate General Milind Sathe read out previous order and said, “Strike of doctors is not justified under any circumstances.’’Senior counsel SU Kamdar, representing the IMA said there is a pending petition since 2014 where IMA, Pune branch had challenged the State’s move to enable Homeopaths to practice as allopaths and the final hearing is yet to take place.Kamdar said, “ the state must first implement its government resolution of August 3 which first requires there to be an SOP framed by a committee. The government ought not to register the homeopaths yet…’’Kamdar said, “Doctors have no pleasure in going on strike.’’ But added that the homeopaths are saying, “register us immediately’’ as the Maharashtra University of Health Science (MUHS) created a brief course after which homeopaths become allopaths while everyone else has to appear for a gruelling NEET.When ACJ said give (state) some time, Kamdar to explain the reason for strike submitted, “They are supposed to frame SOP to govern them, but Homeopaths have started…’’The ACJ then remarked, “At cost of patience you are unwilling to wait…If 50 patients die and you (doctors on strike) eventually succeed. Are you going to bring them back?’Kamdar responded with, “ If I (doctor) don’t treat a patient, there is no liability. If I don’t want to work subject to professional ethics, it is allowed. I can’t be negligent (while treating)…’’At this the ACJ said, “If you are going to be confrontational we will direct that no work no pay…’’ The HC said, “Not one patient should die in municipal hospital while doctors strike work.’’ It added, “We will also tell govt to take up matter on war footing, but you will call off strike first.’’Kamdar said, “ Tomorrow we will call it off,’’ and the ACJ would have none of it, “Not tommorrow. Today at lunch time (2 pm).’’But the ACJ also praised Kamdar saying, “ We appreciate your statement to call off the strike but do it now’’ and after dictating its order also said, “It is gracious on your part to have convinced your client (IMA) to withdraw strike.’’The HC appointed senior counsel Vineet Naik assisted by advocate Amogh Singh as amicus curiae (friends of court) to assist it in the matter.The AG read out a September 17, 2025 order in a petition pending where the State’s decision to enable homeopaths to practice allopathy is under challenge. The HC had granted no interim relief then as homeopaths had just completed the course said Sathe saying the strike was yet called.The ACJ Ghuge summarising the IMA submissions said, “What they are saying is that during this period we failed to get any interim relief but if you (State) don’t stay your hands, we will go on strike.’’The HC asked what have the homeopath students studied? Kamdar said, “Homeopathy.’’ The AG Sathe said, “They also studied an additional course for allopathy. That course is also under challenge.’’At this the ACJ orally remarked, “Those who cannot get admission to MBBS through NEET. They can come through this backdoor?’’The AG cited State’s main reason of doctors’ shortage saying, “MBBS doctors don’t go to remote areas…they don’t work there.’’ The ACJ said, “Like an underpaid pilot…’’ The AG immediate said, “that is an unfair analogy.’’Sathe added, “There is a law which was passed and is valid. There is a short course after which the homeopaths are allowed to practice allopathy on limited aspects.’’The HC asked the state, “Can you stop for 2-3 months? We are worried about the people of Maharashtra. Post lunch doctors will start their work as (IMA) counsel it says will call off strike.’’The Maharashtra Association of Resident Doctors (MARD) through Dr A Shinde says its 50,000 members –resident doctors across govt hospitals—are protesting the government action but “are not striking work.’’ He said only OPDs were shut. The HC stressed that “doctors cannot strike work.’’The HC also said it would ensure the pending petition is expeditiously heard and decided and recorded State saying it would ensure GR is followed and will enter into discussions as contemplated.The HC posted the suo motu PIL on September 8 to decide only the issue whether doctors can go on strike at all.
