Thursday, February 6
Allahabad HC

Allahabad: The Allahabad High Court has strongly criticized the practice of state-appointed doctors referring patients to private hospitals for financial gain. The bench, led by Justice Rohit Ranjan Agarwal, described the transfer of patients from government medical colleges and hospitals to private nursing homes as a “menace.” The court directed the Uttar Pradesh government to frame a policy to prevent doctors from engaging in private practice while serving in state medical services and district hospitals.

Court’s Observations:

The court noted that doctors in the provincial medical services and state medical colleges were neglecting their duties to treat patients in government-run institutions and instead referring them to private hospitals for personal financial benefits. It emphasized that this practice was harmful to both the patients and the healthcare system. Justice Agarwal observed, “It has become a menace that the patients are being referred and dragged to the private nursing homes and hospitals for treatment.”

The court directed the state to enforce the Government Orders of 1983, which restrict private practice by doctors working in state-run medical colleges and district hospitals. It urged the state government to formulate a clear policy to prevent such practices.

Background of the Case:

The case arose from a complaint filed by Rupesh Chandra Srivastava, who alleged that Dr. Arvind Gupta, a professor at the state-run Moti Lal Nehru Medical College in Prayagraj, provided incorrect treatment to him and his wife at a private nursing home, Phoenix Hospital. The court had earlier sought clarification from the state government about whether heads of departments (HoDs) in government medical colleges were allowed to practice privately.

State’s Response:

During the proceedings, the court was informed that a letter had been circulated by the Principal Secretary of Medical Health and Education to all District Magistrates, urging them to ensure the enforcement of the 1983 government orders, which prohibit government-employed doctors from engaging in private practice. The court demanded a personal affidavit from the Principal Secretary within two weeks, confirming the strict implementation of the government rules.

Implications of the Ruling:

The court’s ruling underscores the growing concern over the widespread practice of government doctors engaging in private practice, which compromises the quality of healthcare in state-run institutions and leads to potential conflicts of interest. The state government is now under pressure to take definitive action to curb this practice and ensure that doctors adhere to their responsibilities in government hospitals.

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