Allahabad HC Urges UP Government to Ban Private Practice by Government Doctors
In a significant move to address ethical concerns in public healthcare, the Allahabad High Court has directed the Uttar Pradesh government to formulate a policy prohibiting private practice by doctors employed in state-run hospitals. The decision came in response to a writ petition filed by Dr. Arvind Gupta, Professor and Head of Department at Motilal Nehru Medical College, Prayagraj.
The Case and Court Observations
During the hearing, Justice Rohit Ranjan Agarwal observed that government-appointed doctors were routinely referring patients to private hospitals and nursing homes for monetary gains. Expressing concern, the court remarked:
"It has become a menace that the patients are being referred and dragged to private nursing homes and hospitals for treatment. The doctors appointed by the State Government under the Provincial Medical Services or in State Medical Colleges are neglecting their duties in government institutions and prioritizing financial benefits through private practice."
The petition originated from a complaint against Dr. Gupta by a patient, Rupesh Chandra Srivastava, who alleged improper treatment at a private nursing home. The court took this as an opportunity to address the broader issue of government doctors engaging in private practice.
Investigation and Policy Recommendations
On January 2, 2025, the court directed the state to investigate the extent of private practice among government doctors, particularly those affiliated with state medical colleges and district hospitals. The court asked whether heads of departments in government medical institutions were entitled to practice privately and sought comprehensive data on the matter.
Justice Agarwal further instructed the Uttar Pradesh government to ensure adherence to its 1983 rules, which regulate private practice by government doctors. By January 8, the court was informed that the Principal Secretary of Medical Health and Education had issued instructions to District Magistrates in districts hosting state medical colleges to enforce these rules rigorously.
Justice Agarwal further instructed the Uttar Pradesh government to ensure adherence to its 1983 rules, which regulate private practice by government doctors. By January 8, the court was informed that the Principal Secretary of Medical Health and Education had issued instructions to District Magistrates in districts hosting state medical colleges to enforce these rules rigorously.
Future Hearings and Enforcement
The High Court directed the Principal Secretary to file a personal affidavit within two weeks regarding the implementation of the 1983 regulations. It emphasized that this prohibition should extend to all government doctors across the state to restore ethical practices and public trust in government healthcare facilities.
The next hearing is scheduled for February 10, 2025, where further updates on the policy and its enforcement are expected.
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Advocate Representation
The petitioner, Dr. Arvind Gupta, was represented by Advocate Arti Agrawal, while the Uttar Pradesh government was represented by Additional Chief Standing Counsel Sanjay Singh.
"This directive is a step towards eliminating unethical practices and ensuring that government doctors fulfill their duties to public institutions. The focus must remain on prioritizing the healthcare needs of the citizens over financial incentives," the court concluded.
