In a significant development, the Allahabad High Court addressed the contentious issue of private medical practice by doctors employed in state-run medical colleges and hospitals. Justice Rohit Ranjan Agarwal presided over the hearing in Dr. Arvind Gupta v. President and Member, State Consumer Disputes Redressal Commission, Uttar Pradesh (Writ – C No. 28694 of 2024), bringing to light critical issues of governance in public healthcare.
Background of the Case
The writ petition, filed by Dr. Arvind Gupta, brought attention to the alleged non-compliance with the government orders (GOs) issued in 1983, which prohibit doctors employed in public health institutions from engaging in private practice. Dr. Gupta’s petition challenged the inaction of authorities in enforcing these rules, emphasizing the need for strict implementation to safeguard the interests of public healthcare.
The petitioner was represented by Advocate Arti Agrawal, while the state was represented by Additional Chief Standing Counsel Sanjay Singh. Instructions from the Principal Secretary, Medical Health and Education, were presented before the court during the proceedings.
Key Legal Issues
1. Enforcement of the 1983 Government Orders: The court focused on whether the government was effectively implementing its policy to curb private practices by state-employed doctors.
2. Referral of Patients to Private Facilities: The practice of government doctors allegedly referring patients to private hospitals, often for monetary gains, was termed a “menace” by the court.
3. Policy Formulation for Provincial Medical Services (PMS): The court highlighted the necessity for a broader policy to address the issue across the state.
Court’s Observations
The court remarked strongly on the unethical practices by some government doctors. Justice Agarwal stated, “It has become a menace that patients are being referred and dragged to private nursing homes and hospitals for treatment. Doctors appointed by the State Government are not treating and attending patients in Medical Colleges and Government Hospitals, and just for the money, they are being referred to private nursing homes and hospitals.”
This pointed criticism underscores the court’s concern for the integrity of public healthcare services and the accountability of government doctors.
Directions Issued by the Court
1. The Principal Secretary, Medical Health and Education, was directed to file a personal affidavit within two weeks detailing the enforcement of the 1983 GOs.
2. The state government was instructed to devise a comprehensive policy to curb private practice by doctors employed in Provincial Medical Services and district hospitals.
