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Allahabad High Court Directs Uttar Pradesh Government to Enforce Policy Prohibiting Private Practice by Government Doctors

The Allahabad High Court has issued a directive to the Uttar Pradesh government to implement a comprehensive policy aimed at prohibiting private practice among government-appointed doctors. This move seeks to ensure that medical professionals fulfill

The Allahabad High Court has issued a directive to the Uttar Pradesh government to implement a comprehensive policy aimed at prohibiting private practice among government-appointed doctors. This move seeks to ensure that medical professionals fulfill their duties within public healthcare institutions, thereby enhancing patient care and upholding the integrity of the state’s healthcare system.

Background

The directive was issued during the hearing of a writ petition filed by Dr. Arvind Gupta, Professor and Head of the Department at Moti Lal Nehru Medical College, Prayagraj. The case arose from a complaint by Rupesh Chandra Srivastava, who alleged receiving improper treatment from Dr. Gupta at Phoenix Hospital, a private nursing home in Prayagraj.

Court Observations

Justice Rohit Ranjan Agarwal, presiding over the case, expressed serious concerns regarding government doctors engaging in private practice. He noted that such practices divert patients from public hospitals to private facilities, undermining the quality of care in government institutions. The court emphasized that doctors employed by the state are obligated to serve in public hospitals and should not prioritize private practice for financial gain.

Government Order of 1983

The court referenced a Government Order (GO) dated August 30, 1983, which explicitly prohibits government doctors from engaging in private practice. In lieu of private practice, these doctors are entitled to receive a non-practicing allowance as specified by the government. The court criticized the lack of strict enforcement of this order and called for immediate action to ensure compliance.

Directives to the State Government

In light of these observations, the court has directed the Uttar Pradesh government to:

Enforce Existing Regulations: Ensure rigorous implementation of the 1983 Government Order across all state medical colleges and district hospitals.

Develop a Comprehensive Policy: Formulate a policy to prevent private practice among doctors appointed in provincial medical services and district hospitals throughout the state.

Submit Compliance Report: The Principal Secretary of Medical Health and Education is required to file a personal affidavit within two weeks detailing the steps taken to enforce the 1983 order and outlining the proposed policy measures.

Implications for Healthcare in Uttar Pradesh

This directive underscores the court’s commitment to strengthening public healthcare services in Uttar Pradesh. By curbing private practice among government doctors, the court aims to ensure that medical professionals dedicate their expertise to public institutions, thereby improving patient care and restoring public confidence in the state’s healthcare system.

Next Steps

The case is scheduled for further hearing on February 10, 2025, by which time the state government is expected to present its compliance report and proposed policy framework.

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