SC sets aside HC order banning private practice by docs

*Identifies major areas of concern in health sector

Neeraj Rohmetra
JAMMU, Oct 24:  Supreme Court today set aside the impugned judgement of the High Court, which had banned private practice by doctors five years back.
While upholding the contention of the State Government, the three Judge Bench headed by Chief Justice of India, Justice T S Thakur said, “the High Court proceeded erroneously on the basis of circular dated August 11, 2005, which formed the basis of judgement. However, the circular was applicable exclusively to the Education Department and had no application to Government doctors”.
The Division Bench of State High Court had on November 18, 2011 banned the private practice by the State Government doctors and tuition by teachers and against this order the State Government filed Special Leave to Appeal before the Supreme Court.
Division Bench of High court, while referring to the circular of Education Department (Edu/PS/C/S/11/05) had restrained all the teachers and doctors respectively to engage themselves by way of self-employment or in the form of accepting part time employment in private coaching centres and private practice by the doctors.
Subscribing to the views of the State Government’s counsel, the Apex Court said, “there is merit in the contention of the State Government that the High Court proceeded erroneously on the basis of the circular dated August 11, 2005. Plainly, the circular dated August 11, 2005 was issued by the Education Department and applied exclusively to officials in schools engaging in private assignments outside school hours and it had no application to Government doctors”.
“The regulation of private practice by Government doctors is the subject matter of separate rules framed by the State Government. However, neither were those rules under challenge before the High Court nor did the High Court had the benefit of evaluating the rules before it proceeded to decide the case. The High Court was not apprised of the relevant statutory rules which govern the field. An order of remand would hence be necessitated to enable a fresh consideration of the issue by the High Court”, said the Bench also comprising Justice A M Khanwilkar and Justice D Y Chandrachud.
While remanding the proceeding back to the State High Court, the Apex Court said, “apart from the issue pertaining to the issue of private practice by doctors, there are other and perhaps, more fundamental aspects, which would arise from the Public Interest Litigation instituted before the High Court”, adding, “the basic issue which requires to be addressed is the availability of infrastructure and facilities in Government hospitals across the State of Jammu and Kashmir and the facilities for the treatment of patients. We are of the view that the quality of medical care in Government hospitals across the State of Jammu and Kashmir is a matter which should receive attention and oversight in the exercise of the jurisdiction under Article 226”.
The Bench identified five major areas of concern in the heath sectors – the availability of adequate infrastructure in Government Hospitals; availability of essential equipment; availability of medical and para medical staff; essential medicines and enforcement of conditions of hygiene to secure proper medical treatment facilities.
Referring to the report of the Estimates Committee of the Jammu and Kashmir Legislative Assembly on infant deaths in GB Pant Hospital submitted by the respondents (Vichar Kranti International), the Apex Court commended the High Court to the need for constituting a Committee of Experts to scrutinize the conditions in public-Government hospitals in the State. “The High Court would be at liberty to constitute a Committee of medical experts and administrators. The Committee shall submit a report on the state of public – Government hospitals in the State”, said the order which is in possession of EXCELSIOR.
The order further added, “The High Court would be at liberty, after scrutinizing the report of the Expert Committee and upon hearing the relevant stakeholders including the State, to issue appropriate directions and monitor compliance. The hospitals which are conducted by the State and by public agencies cater to medical needs of the poorest strata of society. The need for ensuring proper medical care of a requisite standard has to be duly addressed”.

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