Prayagraj : The Allahabad High Court has directed the Uttar Pradesh government to devise a policy to curb private practice by government doctors working in provincial medical services and district hospitals. The directive came during a hearing of a writ petition filed by Dr. Arvind Gupta, Professor and Head of Department at Moti Lal Nehru Medical College, Prayagraj.
Court’s Observations
Justice Rohit Ranjan Agarwal expressed concern over the increasing trend of government doctors referring patients to private facilities for treatment. He noted that many doctors appointed by the state fail to fulfill their duties in government medical institutions and instead prioritize private practice for financial gain.
The court stated, “It has become a menace that the patients are being referred and dragged to the private nursing homes and hospitals for treatment, and the doctors who are appointed by the state government… are not treating and attending the patients… just for the money.”
Case Background
The petition originated from a complaint filed by Rupesh Chandra Srivastava with the Consumer Forum, alleging improper treatment by Dr. Gupta at a private hospital. The court sought clarity on whether a professor and department head at Moti Lal Nehru Medical College could engage in private practice.
Government’s Response
In compliance with the court’s earlier order, the state counsel informed the court on January 8, 2025, about a letter issued by the principal secretary for medical health and education. The letter, dated January 6, 2025, directed all district magistrates to strictly enforce the 1983 government order (GO) that restricts private practice by government doctors.
Key Provisions of the 1983 GO
The GO stipulates:
- Government doctors are prohibited from private practice.
- Non-practicing pay or allowances will be provided in lieu of private practice.
Court’s Directives
The court has asked the principal secretary to submit a personal affidavit within two weeks on the enforcement of the 1983 GO. Additionally, it directed the government to:
- Ensure compliance with the 1983 GO among doctors in state medical colleges.
- Frame a policy to prevent private practice by doctors in provincial medical services and district hospitals.
The case is scheduled for further hearing on February 10, 2025.
