Allahabad High Court Directs UP Govt to Curb Private Practice by Government Doctors

Rehan Khan

On 22nd January, the Allahabad High Court has directed the Uttar Pradesh (UP) government to formulate a policy to curb private practice by doctors employed in State-run hospitals.

Justice Rohit Ranjan Agarwal observed that patients were increasingly being referred by government doctors to private institutions for treatment, describing the issue as a significant concern.

“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 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,” the Court stated.

This observation was made during the hearing of a petition filed by Dr. Arvind Gupta, the Head of Department and Professor at Motilal Nehru Medical College, Prayagraj. The petition pertained to a complaint filed against him before the State Consumer Forum, alleging improper treatment at a private nursing home.

On 2nd January, the Court raised a crucial question about whether Dr. Gupta, as a government-employed doctor, could engage in private practice. It further directed the State to investigate the extent of private practice being undertaken by government doctors.

“It is a serious matter. The State shall also conduct enquiry as to the Government doctors carrying on private practice in Nursing Homes and Medical shops, who are appointed in different State Medical Colleges,” the Court remarked.

On 8th January, the Court was informed that the Principal Secretary of Medical Health and Education had issued a communication to all District Magistrates regarding the 1983 rules governing the private practice of doctors posted in medical colleges. Following this, the Court directed the Principal Secretary to submit a personal affidavit outlining the implementation of these rules.

The Court also emphasized the need to extend the prohibition of private practice to all government doctors across various departments.

“It is further directed that not only the doctors, who are appointed in the State Medical Colleges, should comply the Government Orders of 1983, but also Government should come out with a policy for stopping private practice of the doctors who are appointed in the Provincial Medical Services and District Hospitals which are situated in the district headquarters throughout the State,” the Court ordered.

The case is scheduled for its next hearing on February 10.

Click here to access the order.