"Maharashtra Govt Doctors Barred From Private Practice, NPA Rule Reaffirmed"

THE REPORT

AURANGABAD: The Aurangabad Division Bench of Bombay High Court has reiterated that government doctors are not permitted to engage in private practice while in service.

WHAT THE COURT SAID:

The bench observed that as per Government Order dated August 30, 1983, government doctors "shall not be entitled to private practice".In lieu of private practice, a government doctor is paid Non-Practising Allowance (NPA) or allowance as specified by the government. The court noted that this rule applies to doctors appointed in provincial medical services, district hospitals, and state medical colleges. It directed the state government to strictly enforce the 1983 GO and take disciplinary action against violators. 

KEY OBSERVATIONS:

Referral menace: Courts have flagged that patients are being "referred and dragged to private nursing homes" instead of being treated in government hospitals

Burden of proof: In a separate compensation case, the Bombay High Court held that a government doctor claiming income from private practice must prove it with documents. There is no presumption that a govt doctor does private practice

Action against violators: The 2012 Maharashtra GR mandates that doctors accepting NPA cannot start/run a hospital or practice elsewhere. Violation can invite action under Maharashtra Civil Services Rules 

MAHARASHTRA CONTEXT:

In 2012, the state issued a GR making NPA compulsory and banning private practice for govt doctors. The Bombay HC had earlier granted an interim stay on parts of that GR for contractual doctors, but the core principle that regular govt doctors cannot do private practice stands. Doctors' associations have opposed curbs, arguing it affects rural healthcare access, but the court maintains that public health takes primacy over private interest.

Government’s stand: Principal Secretary, Medical Health & Education has issued letters to all DMs to enforce the 1983 rules strictly. 

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