Allahabad High Court directs UP govt to come out with a policy regarding private practice by govt doctors

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By Rajesh Pandey

The Allahabad High Court has expressed concern over government doctors neglecting patients in medical colleges and government hospitals. It has directed the Uttar Pradesh government to formulate a policy to prohibit private practice by doctors appointed in provincial medical services and district hospitals situated in district headquarters across the state.

The directive came during the hearing of a petition filed by Dr. Arvind Gupta, Head of Department and Professor at Moti Lal Nehru Medical College, Prayagraj. Justice Rohit Ranjan Agarwal noted, “It has become a menace that patients are being referred to private nursing homes and hospitals for treatment. Government-appointed doctors are neglecting their duties in medical colleges and hospitals, prioritizing private practice for financial gain.”

The case stems from a complaint by Rupesh Chandra Srivastava, who alleged wrong treatment by Dr. Gupta at Phoenix Hospital, a private nursing home in Prayagraj. On January 2, the court questioned whether Dr. Gupta, a professor in a state medical college, could treat patients at a private facility while holding a government post.

The court had earlier directed the state counsel to seek clarification from the Principal Secretary of Medical Health and Education regarding whether such private practice was permissible. In response, the state counsel submitted on January 6 that a letter had been issued to district magistrates where state medical colleges are located. The letter emphasized enforcing the 1983 Government Order (GO), which restricts private practice by government doctors. According to the GO, government doctors are prohibited from private practice and are compensated with non-practicing pay or allowances instead.

On January 8, the court directed the Principal Secretary to file a personal affidavit within two weeks on the enforcement of the 1983 order. Additionally, the court called for a broader policy to ban private practice by doctors in provincial medical services and district hospitals across the state.

The case will next be heard on February 10, 2025, with further directions pending based on the compliance of the earlier orders.

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