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| Ban on private practice by HoDs challenged | | | Early Times Report
Srinagar, Mar 27: In a petition filed by Prof. (Dr.) Shaukat Jeelani & Ors challenging the circular and order regarding ban on private practice by HODs in Medical Education, Justice MK Hanjura after hearing ZA Shah Sr. Adv for the petitioners observed that petitioners had raised a debatable question and it shall be appropriate to admit this petition for hearing.
Justice MK Hanjura further ordered that subject to objections from the other side and till the next date of hearing before the Bench, 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.
During the course of hearing Sr. Adv ZA 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 stated 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, whatever be its meaning, is not a post like that of Principal and others, the impugned order/circulars is/are without jurisdiction as the Rules authorize the Government to ban practice of a doctor who is holding a particular post. The petitioners further submit that the power to ban 'private practice' can only be specified in the rules and not otherwise and, as such, the impugned order is, patently bad. It has also been stated that Rule 15 of the Jammu and Kashmir Medical Education (Gazetted) Service Rules, as constituted vide SRO 517 dated 19th of September, 1979, provides that the Government may, by a general or by a special order, allow the members of the service to undertake 'private practice'. These Rules also provide that such a member shall be entitled to monthly non-practicing allowance at such rate as may be determined by the Government from time to time. |
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