JITENDRA PRATAP PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) IN order to streamline the medical practice in the State of U.P., a learned Single Judge issued various directions to the State Government. Direction No. 8 which is relevant for the purpose of this case is quoted hereunder : The Principal Secretary Medical Health and Family Welfare, is directed to ensure that no medical officer in the Government service is posted beyond three years in any District and that all para medical staff serving in the Primary Health Centre/Community Health Centre/District Hospitals and other hospitals run by Government of U.P. for more than five years, shall be transferred from the Centre/hospital. Any doctor in employment of State Government offering their services to the authorised medical practitioners shall face immediate disciplinary action by the State Government, and shall be prosecuted for aiding and abetting such unauthorized practice.

(2.) AGAINST the judgment of the learned Single Judge, a Special Appeal No. 320 of 2004, Dr. Ravindra Kumar Goyal and Ors. v. State of U.P. and Ors., was filed. The judgment of the learned Single Judge was affirmed subject to the modification with regard to direction No. 8. The Division Bench issued the following directions :

(3.) BASED on the aforesaid directions, the State Government framed a scheme dated 10 6 2004 with regard to the transfer of the persons employed in the medical department. The scheme contemplated that a paramedical staff would not remain in a District Hospital/Swasthya Kendra or Primary Health Centre for more than seven years and if para medical staff was to be transferred to another District in that event, the Chief Medical Officer would refer the matter to the Additional Director.