Excelsior Correspondent
JAMMU, Feb 19: In a significant order, Division Bench of High Court comprising Chief Justice Justice Pankaj Mithal and Justice Javed Iqbal Wani has disposed of a PIL seeking ban/restrictions on the private practice by Government doctors by observing that Government has adequately taken care of the issue.
Moreover, the violation has been made punishable and the adequate rules are already in place, thus, there is no purpose in issuing any further mandamus or direction to the Govt of J&K to frame any policy or rules in regard thereto, the DB said.
After hearing Advocate Ajay Gandotra and Sughandha Sawhney-petitioner in person and Advocate General D C Raina with Senior AAG H A Siddiqui and AAG Ravinder Gupta appearing for Govt of J&K, the Division Bench directed that if the petitioner Sughandha Sawhney-a law student, feels that anyone is violating the rules, she may make a complaint to the competent authority where upon the matter will be inquired into and if necessary appropriate action in accordance with law shall be taken.
The Division Bench further observed that the third prayer of the petitioner is for putting restrictions on the medical students passing out from Govt Medical/Dental Colleges from the Union Territory to serve at any place outside the territories. In this regard, the DB observed, “any such rule or restriction if directed to be placed upon any person would impinge upon his fundamental right to practice any profession, or to carry on any occupation, trade or business at the place of his choice”.
“Therefore, the DB held that “we cannot issue any direction which may have the effect of infringing upon the fundamental right of the others”.
The DB however clarified that the disposal of this writ petition would not come in the way of any other similar petitions or Public Interest Litigations pending in this regard.
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