Covid-19: Private practices by Govt Doctors need to be urgently brought to halt, says JnK HC

The court clarified that doctors must not take advantage of the employment and public facilities for building their own private clinics and must not exercise any kind of commercial exploitation.

Published On 2020-09-08 05:52 GMT   |   Update On 2020-09-08 05:52 GMT

Jammu and Kashmir: Considering a PIL, the Jammu and Kashmir High court has barred government doctors from private practice and instructed the authorities to seriously look into the matter.This came after following a PIL, where the petitioner alleged that many of the doctors associated with the government hospitals are taking undue advantage of the government restriction, as many of the...

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Jammu and Kashmir: Considering a PIL, the Jammu and Kashmir High court has barred government doctors from private practice and instructed the authorities to seriously look into the matter.

This came after following a PIL, where the petitioner alleged that many of the doctors associated with the government hospitals are taking undue advantage of the government restriction, as many of the health facilities have been closed but doctors were allowed to continue the private practice.

The petitioner claimed that the doctors have been attending patients in private facilities as government dental hospitals are staying closed. The counsel representing the petitioner stated that the doctors associated with the government dental College Srinagar and hospitals of Government Medical College Srinagar are not following their duties properly and are more dedicated in providing private consultation.

Responding to the contentions, Shah Aamir, Additional Advocate General denied the allegations and sought time to file a reply.

However, a bench comprising of Chief Justice Gita Mittal and justice Puneet Gupta observed that "we are informed that initially when restrictions on account of COVID-19 pandemic had to be imposed, the Government had restricted the functioning of public facilities in Government medical establishments. However, over a period of time, there has been slow opening of these facilities."

The court noted that following this the doctors started carrying on their private practices ,and while exploiting the order of the state government, the doctors are diverting patients from government hospitals to their own private facilities.
The court clarified that doctors must not take advantage of the employment and public facilities for building their own private clinics and must not exercise any kind of commercial exploitation. Kashmir Observer reports that the court further stated that "attending to lucrative private practices has to resultantly diminish and detract from the attention which a professional would pay to his salaried public position as a government doctor."
Subsequently, after careful consideration, the court held;
"Judicial notice can be taken of the fact that employment opportunities in the Jammu and Kashmir are by far, extremely few, large numbers of people without financial resources and health facilities either not available or insufficient. Such practices as complained by the applicant need to be urgently brought to a halt."
The court further instructed the Chief Secretary of Jammu and Kashmir to ensure that "the above issue is examined."

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