High Court Interim Stay on Govt move to ban private practice in Maharashtra

Mumbai: The Bombay High Court has recently agreed to hear a plea challenging the Government ban on private practice of government doctors in Maharashtra.

Besides, the bench comprising of S.V. Gangapurwala and S.M. Modak has also issued an ad-interim stay on certain clauses of the Government Order dated 07.08.2012, which has been assailed in the plea.

Identifying similar types of cases, the bench noted, "The Petitioner assails the Government Resolution dated 07.08.2012 forbidding non-practicing allowance. Similar matters are identified by this court."

Taking note of the fact that the Government pleader has sought time, the bench observed, "In the meanwhile, there will be ad-interim Stay to clause no.4.1, 4.3, 4.4, 4.5 and 4.7 of G .R. dated 07.08.2012."

Such directions came from the HC bench while considering a plea by Dr. Anil Shankar Rathod who works as a medical officer in a sub-district hospital in Bhor taluka of Pune district

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As per the latest media report by the Times of India, in the concerned order that was issued in August 2012, the Maharashtra Government had barred doctors employed in government service from participating in private practice. Further, the doctors had also been made to accept non-practicing allowance (NPA) on a compulsory basis against the ban on private practice. 

The order further had clarified that the doctors might face disciplinary action if they violated the Government order in this regard. 

Recently, Dr. Rathod challenged the order and approached the HC bench. The counsel for the petitioner doctor, advocate Vinod Sangvikar argued that there was lack of options for the government doctors. They either had to take NPA for not getting involved in private practice or they had to practise in private clinics or hospitals instead of doing a government job.

Therefore, by filing the plea, the doctor prayed to the High court for granting an option to the doctors so that they could either accept the NPA or get permitted for private practice while working as a government employee.

To view the HC order, click on the link below.

https://medicaldialogues.in/pdf_upload/bombay-hc-private-practice-180889.pdf

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