Excelsior Correspondent
Srinagar, Mar 27: High Court today directed that no coercive steps be taken against the doctors for their private practice.
Issuing notice to Government in a writ petition filed by Professor Shaukat Jeelani and other doctors for filing of objections, Justice MK Hanjura ordered that no coercive step shall be taken against the petitioners.
“Till next date of hearing and subject to objections from the other side (Government). ….no coercive steps shall be taken against the petitioners in terms of the order bearing No. 43-HME of 2013 dated 17th of January, 2013, Circular No. 2-HME of 2016 dated 13th of June, 2016 and Circular No. PS/MC/17/1555-59 dated 19th of January, 2018,” HC said.
In its petition Dr Jeelani and his colleagues challenge the circular and order regarding ban on private practice by HOD in Medical Education and Court after hearing Z A Shah Senior Advocate for the petitioners observed that petitioners raise a debatable question, which needs investigation and decision in the hands of this court, therefore, it shall be appropriate to admit this petition for hearing and seek response from the respondents.
During the course of hearing advocate Shah submitted that in terms of the Jammu and Kashmir Government Doctors (Relaxation of Restriction on Private Practice) Rules, 1998, a Professor can indulge in ‘private practice’ and, if he/she decides to hold his/her clinic in the Nursing Home, his/her fee is fixed by the Government.
The petitioners state that all of them are Professors and, on the face of such a position, they are entitled to ‘private practice’. They have proceeded to state that the Government has to specify a post for the purpose of banning ‘private practice’. The post of ‘Professor’ is not mentioned in the impugned order or in the Rules of 1998.
The petitioners reiterate that since the Head of the Department, is not a post like that of Principal and others, the impugned order/circulars as such is without jurisdiction as the Rules authorize the Government to ban practice of a doctor who is holding a particular post.
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