K C PRADHAN Vs. STATE OF M P

JUDGEMENT

(1.) IN all the above petitions, the policy decision dated 10-3-1997 of the State Government thereby withdrawing the facility of private practice from the doctors of Medical Colleges and District Hospitals, is under fire. The Government's decision now makes it obligatory on such doctors to examine and treat the patients only on duty in the Government hospitals and not to practice the profession privately.

(2.) ALL the petitioners claim to be public spirited citizens and have filed the above petitions in larger interest as public interest litigation. They have challenged the State decision on various grounds, but it is commonly urged that the decision is discriminatory as it restricts the private practice of the State service doctors who are in Medical Colleges and District Hospitals but on the other hand, it permits the doctors, in Government service posted in rural and tribal areas to practice privately and to charge fees from patients. The policy thus leads to discrimination in between the doctors in Government service, which is not permissible under the law and is violative of Articles 14 and 21 of the Constitution of India.

(3.) THE emphasis is also laid by the petitioners on the fact that even in a case of emergency, where the medical assistance is urgently required, by the patients, the Government doctors are not permitted to render medical assistance at the patients' respective places. Therefore, the policy is also against the welfare of the patients and is thus opposed to the public policy. It is also contended that a doctor-citizen cannot be prohibited from practising the profession as the Constitution guarantees such right. Therefore, it is prayed that the policy decision dated 10-3-1997 be quashed and the position existing before Ist of April, 1997, be restored.