Allahabad High Court orders State of UP to stop private practice of government doctors

The Allahabad High Court recently directed the Uttar Pradesh (UP) government to come out with a policy to stop the private practice of doctors posted in hospitals run by the State [Dr Arvind Gupta v. President And Member State Consumer Disputes Redressal Commission Uttar Pradesh]..Justice Rohit Ranjan Agarwal said it has become a menace that patients are being referred by government doctors to private institutes."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 said..The Court passed the order on a petition moved by Dr Arvind Gupta, Head of Department and Professor in Motilal Nehru Medical College, Prayagraj, in relation to a complaint filed against him by a patient before the State Consumer Forum over alleged wrong treatment at a private nursing home.On January 2, the Court had raised preliminary issue of whether Dr Gupta could be allowed to treat patients at a private facility despite being in government service.The Court had also ordered the State to enquire how government doctors were carrying out the private practice."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 had said. .On January 8, the Court was informed that Principal Secretary of Medical Health and Education had written a letter about 1983 rules - which pertain to private practice of doctors posted in medical colleges - to all the District Magistrates where the State medical colleges are situated. The Court asked the Principal Secretary to file a personal affidavit on implementation of the rules..Further, the Court said the prohibition on private practice should be extended to all government doctors."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..It will hear the matter next on February 10..Advocate Arti Agrawal represented the petitioner.Additional Chief Standing Counsel Sanjay Singh represented the State.[Read Order]