The Allahabad High Court recently instructed the Uttar Pradesh (UP) government to formulate a policy aimed at prohibiting private practice by doctors employed in state-run hospitals.

Justice Rohit Ranjan Agarwal observed that the practice of government doctors referring patients to private institutions has become a significant concern.

"It has become a menace that the patients are being referred and dragged to the private nursing homes and hospitals for treatment, and the doctors who are appointed by the State Government either under the Provincial Medical Services or in the State Medical Colleges are not treating and attending the patients in Medical Colleges and Government Hospitals, and just for the money they are being referred to private nursing homes and hospitals," the Court said.

The Court issued the order following a petition filed by Dr. Arvind Gupta, Head of Department and Professor at Motilal Nehru Medical College in Prayagraj, regarding a complaint lodged against him by a patient before the State Consumer Forum. The complaint accused Dr. Gupta of providing improper treatment at a private nursing home.

On January 2, the Court raised a preliminary issue about whether Dr. Gupta should be allowed to treat patients at a private facility while serving in government service. It also directed the State to investigate the extent of private practice among government doctors.

"This is a serious matter. The State must also investigate the involvement of government doctors in private practices at nursing homes and medical shops, particularly those appointed in various State Medical Colleges," the Court remarked.

By January 8, the Court was informed that the Principal Secretary of Medical Health and Education had sent a letter to District Magistrates of areas where State medical colleges are located, referring to the 1983 rules that govern private practice by doctors in these colleges.

The Court then instructed the Principal Secretary to file a personal affidavit detailing the implementation of these rules.

Additionally, the Court expanded its direction, stating that the ban on private practice should be applied to all government doctors, not just those in medical colleges. "The government must create a policy to prevent private practice for doctors appointed in Provincial Medical Services and District Hospitals located at district headquarters throughout the State," the Court ordered.

The case will be heard again on February 10.

Advocate Arti Agrawal represented the petitioner, while Additional Chief Standing Counsel Sanjay Singh represented the state.

Case Title: Dr Arvind Gupta v. President And Member State Consumer Disputes Redressal Commission Uttar Pradesh