Legal Opinion
Hon Bombay High Court stays provisions of GR dated prohibiting private practice by medical officers in Maharashtra.
By a Government Resolution dated 07 August 2012 government of Maharashtra had banned all forms of private practice by medical officers in Maharashtra. The contention of the government was that if medical officers in maharashtra indulged in private practice then it may affect the quality of services provided by these doctors are government hospitals. Some medical officers challenged the GR in Hon Bombay High court (See GR Below).
Some medical officer knocked the doors of bombay high court and challenged the provisions of this GR. The contention of the Medical officers was that they should be given a choice between doing private practice or taking NPA. Since no option was given to them and they were in a way forced to take NPA and not do private practice all these medical officers were not allowed to do private practice even after duty hours. In some cases it was also found that some medical officers were taking NPA and doing private practice because they were not having any choice. After taking into considerations the contentions of aggrieved medical officers and government the Hon Bombay High court passed an order staying provision of GR Dated 07 August 2012 effectively allowing private practice to aggrieved medical officers on the condition of doing practice after working hours and not taking non-practicing allowance (NPA). (Read the judgement below)
