K M LAKSHMANA RAO Vs. GOVT OF A P

JUDGEMENT

(1.) This is a petition 1o suspend the operation of G,0. Ms. 254, Medical and Health (B2) Department, dated 29 4-1983 imposing ban on private practice by Government doctors.

(2.) The petitioners in W.P.No. 3805/1933 prayed for the issuance of an approppriate order, direction or a writ particularly one in the nature of a writ of Mandamus declaring thai Article 371-D of the Constitution of India is ultra viruses as it violates the basic structure of the Constitution and also G.O.Tvls. No.254 Medical and Health Department, dated 29-4-1983 and the Notification appended thereto amending the Special Rules for the Andhra Pradesh Medical Health Services imposing total ban on the private practice by the Government Doctors as illegal and unenforceable. After hearing the [earned counsel for the petitioners herein and learned Advoc&te General this Court admitted the writ petition on 3-5-1983.

(3.) The petitioners in the writ petition are Civil Surgeons. Deputy Civil Surgeons, and Civil Assistant Surgens in the services of the Government of Andhra Pradesh, who joined in the service of the State Government during the years between 1962 to 1975 originally as Civil Assistant Surgeons. According to Rule 13 of the Andhra Pradesh made by the Governor of Andhra Pradesh in the exercise of the powers conferred by the proviso to Article 309 of the Constitution of India in G 0 Ms. No. 3020 Health, dated 28-8-1964, certain categories of Government Doctors specified in clause (a) were prohibited from engaging themselves in private practice and clause (h) lays down that: "Other members of the service shall be allowed consulting practice".