Allahabad HC directs action against govt doctors with private practice

Prayagraj: The Allahabad High Court has directed the Uttar Pradesh government to take necessary action against doctors of government hospitals and medical colleges who are indulging in private practice.

The court also directed the principal secretary (medical education), UP to file a personal affidavit disclosing the status of the government action and fixed March 26 for further hearing in the case.

The order was passed recently by Justice Rohit Ranjan Agarwal while hearing a petition filed by Dr Arvind Gupta, who is an HoD and a professor in the state-run Moti Lal Nehru Medical College here.

The present case arises after a complaint filed by one Rupesh Chandra Srivastava before the state consumer forum for wrong treatment given to him by the petitioner, Dr Gupta, in a private nursing home in Prayagraj district.

On January 8, the high court had expressed concern over government doctors not attending patients in medical colleges and government hospitals, and directed the state government to come out with a policy to stop private practice of doctors.

In pursuance of earlier direction of the court, a personal affidavit of principal secretary (medical education) was filed before the court in which it was stated that 37 district magistrates (DMs) have submitted their reports to the state government which are at the stage of examination.

The court noted that in the previous affidavit filed by the principal secretary, it was mentioned that disciplinary proceedings were initiated against doctors found indulging in private practice. In the present affidavit, there is no averment as to the stage of disciplinary proceeding and the action taken against them, the court said.

The court expected from the state government to conclude the disciplinary proceedings as soon as possible so as to send the message across the board to all those doctors who are employed in government hospitals, especially in medical colleges and district hospitals so that they should refrain themselves from private practice.

In its earlier order dated January 8, the court had directed the government to come out with a policy for stopping private practice of doctors appointed in the provincial medical services and district hospitals which are situated in the district headquarters throughout the state.

The court had made a strong observation, saying, "It has become a menace that the patients are being referred and dragged to the private nursing homes and hospitals for treatment. The doctors who are appointed by the state government either under the provincial medical services or in the state medical colleges are not treating and attending the patients in medical colleges and government hospitals, and just for the money they are being referred to private nursing homes and hospitals."

As per a government order dated August 30, 1983, government doctors are not entitled to a private practice. In lieu of private practice, a government doctor is paid non-practising pay or allowance or both, as the government may specify from time to time.