In a recent hearing of a petition filed by the Head of Department at Moti Lal Nehru Medical College in Prayagraj, Justice Rohit Ranjan Agarwal expressed concerns over the increasing practice of government doctors referring patients to private hospitals for financial gain. He stated that it had become a widespread issue where doctors, appointed by the state government in medical colleges and provincial medical services, were not attending to patients in government hospitals. Instead, they were referring patients to private nursing homes and hospitals “just for money.”
The court directed the Uttar Pradesh government to formulate a policy that would prohibit doctors from engaging in private practice. This directive applies to doctors in provincial medical services and those working in district hospitals across the state. The petition was brought forward by Dr. Arvind Gupta, a professor and head of department at Moti Lal Nehru Medical College, whose involvement in a private hospital (Phoenix Hospital) was called into question.
A complaint had been filed by Rupesh Chandra Srivastav, alleging improper treatment by Dr. Gupta at Phoenix Hospital. During the hearing, the court noted the serious concern of a state-employed medical professor working in a private facility and raised the key question: can a professor at a state medical college practice in a private nursing home while holding a government position?
In response, the court instructed the state counsel to seek clarification from the Principal Secretary of Medical Education and Health in Uttar Pradesh regarding the legality of private practice by state-employed doctors. On January 6, 2025, the state counsel submitted a letter from the Principal Secretary to district magistrates across the state, reinforcing the enforcement of the 1983 government order that restricts private practice by government doctors.
According to the August 30, 1983 Government Order (GO), state-employed doctors are prohibited from engaging in private practice. Instead, they are entitled to a non-practicing allowance. The court, on January 8, 2025, directed that a personal affidavit from the Principal Secretary of Medical Education and Health be submitted within two weeks, confirming the enforcement of this policy.
The court also mandated that the state government create a policy to prevent private practice not only for doctors at state medical colleges but also for those in provincial medical services and district hospitals located in district headquarters. The case is scheduled for further hearing on February 10, 2025.
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