Mohinder Verma
JAMMU, Sept 12: Filing a rejoinder in the Supreme Court, the State Government has expressed keenness to ban the private practice of doctors in all the medical education institutions in order to strictly enforce the Medical Council of India (MCI) Regulations. However, it has no objection to private practice by the doctors working in healthcare institutions in peripheries and rural areas.
Official sources told EXCELSIOR that in response to the notice issued by the Supreme Court of India in a Special Leave Petition (SLP) filed against the order of the Division Bench of State High Court issued in April 2011 whereby the private practice by the Government doctors was banned, the Medical Education Department has stated, “allowing private practice by the doctors serving in medical education institutions affects the character and quality of medical education”.
“Moreover, private practice by the doctors associated with Medical Education Gazetted Service and those working as teachers in Medical and Dental Colleges of the State runs in conflict with the Regulations of Medical Council of India, which is an expert body controlling the minimum standards of medical education”, sources said quoting the rejoinder.
“The State of Jammu and Kashmir lacks the legislative competence to legislate on a subject, which relates to standards of education in institutions of higher education or scientific and technical institutions. The same is the prerogative of Union under Entry 66 in List 1 of Schedule VII of the Constitution of India, which has also been extended to and made applicable to the State of Jammu and Kashmir by the Constitution Application Order”, the rejoinder said.
About the query of the Supreme Court as to why SROs were issued in 1987 and thereafter permitting private practice by the Government doctors, the rejoinder said, “at that time the Regulations of the MCI were not mandatory but were suggestive. However, the SROs/Notifications issued by the J&K Government permitting private practice of doctors in medical education institutions after the decision of Constitution Bench of Supreme Court whereby MCI Regulations were made mandatory in nature, run contrary to the MCI Regulations and the settled position of law”.
When asked about the private practice by the doctors under Health Department, sources said, “in the rejoinder it has been stated that since these doctors are not associated with teaching they may be allowed to carry on private practice keeping in view the fact that services at par with Government Medical Colleges and Dental Colleges are not available in the rural areas”.
Sources disclosed that the SLP filed by the Government against the order of Division Bench would be taken up for hearing by the Supreme Court next month.
When contacted, Minister for Medical Education, Taj Mohi-ud-Din confirmed that a rejoinder has been filed in the Supreme Court seeking ban on the private practice by the doctors in medical education institutions. At present, only Heads of Departments in the Medical Education Institutions have been barred from conducting private practice.
“There was no justification behind filing SLP in the Supreme Court against the judgment of Division Bench passed in April 2011 in a Public Interest Litigation filed by Vichar Kranti Manch International”, the Minister said in response to another question.
It may be recalled that private practice by Government doctors was first banned in 1986 by the then Governor Jagmohan. Later, a writ was filed in the High Court against the ban but the same was contested by the State and accordingly dismissed by Division Bench. After the Governor rule came to end, the then Government removed the ban vide SRO No.42 in 1987.
In July 1995, the State Administrative Council again imposed ban on the private practice by the Government doctors. However, after the return of elected Government in 1996, the ban was again removed and doctors were allowed to continue private practice.
In April 2011, the Division Bench of State High Court, in a PIL filed by Vichar Kranti Manch International, banned the private practice which was however challenged by the State in the Supreme Court and is still pending for decision of Apex Court particularly in the light of change in the stand of the Government.
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