Plea before Bombay High Court challenges ban on private practice by doctors in public service

The Bombay High Court recently issued notice to the Maharashtra government on a plea challenging the 'blanket ban' imposed on medical officers, prohibiting them from practicing in private clinics or hospitals after their duty hours at a public hospital or health center [Dr Anil Shankar Rathod vs State of Maharashtra]..A division bench of Justices Sanjay Gangapurwala and Shreeram Modak issued notice to the State authorities and asked them to file their response by the next date of hearing on August 7. The petition filed through advocate Vinod Sangvikar challenged certain clauses of the Government Resolution (GR) issued on August 7, 2012, prohibiting private practice. The petitioner sought a directive to the authorities to provide an option to the petitioner either to accept non-practising allowance (NPA) in lieu of private practice or to do private practice while in government service by effecting necessary changes to the 2012 GR..The petitioner Dr. Anil Rathod, who is serving as a medical officer at a public hospital in Pune since November 2015, had recently cleared a diploma course and is discharging duties of a specialist. However, he claimed that he was not being paid salary which a specialist should be given.Thus, he also started private practice at his own clinic. "After duty hours he is doing private practice. The Medical Officers like the petitioner while in government service do the private practice and the authorities are also aware of it. It is stated that, much prior to his entry in the service, a GR dated September 16, 1972 was issued which providing compensatory allowance for loss of private practice," the plea said..In his petition, Rathod highlighted that several medical officers in the government service, practice privately so as to reach out to the larger public. It was further stated that prior to the 2012 GR, the doctors were allowed to practice privately but now they are forced to accept the NPA.Rathod also highlighted his financial responsibilities since he took huge loans from various banks to start his own private hospital, where he works after his duty hours."The respondent authorities have without consulting the medical officers has issued the 2012 GR. It ought to have asked us if we want to opt for NPA or continue private practice start duty hours," the petitioner said..Given the blanket ban on the private practice, Rathod said that he is now apprehensive of coercive action against him by the respondent authorities and, therefore, sought a directive to declare that the clauses in the 2012 GR do not apply on him.In the alternative, he sought protection from coercive action by the State authorities and also prayed for an option for medical officers to either opt for NPA or private practice.The bench led by Justice Gangapurwala will hear the petitions next on August 7.