V N MITTAL Vs. STATE OF U P

JUDGEMENT

(1.) U. P. Singh, A. C. J. In the teeth of the judgment rendered by the Supreme Court in the case of Ram Kishan Datta Roy v. State of West Bengal, (1993) 3 SCC 724, these various petitioner in their overzealous attempt have challenged the validity of the impugned Rules of 1983 and 1990 (contained in Annexure-XIII and Annexure-I to the Amendment applica tion) on the same grounds which were repelled and rejected by the Supreme Court in the above case.

(2.) THESE various petitioners in all these petitions are either Pro fessors, Readers or Lecturers and Specialists in the State Medical Colleges, established and maintained by the State of Uttar Pradesh. They are Gazetted Government servants of the State.

(3.) A brief history of the facts embodied in various Government Orders and Ruks prior to coming into force of 1983 and 1990 Rules may be noticed. In its communication dated 3rd January, 1973 addressed to the Director, Medical Health and Service, the Commissioner and Secretary of the Government of Uttar Pradesh stated that the Governor has been pleased to order that w. e. f. 1st February, 1973, the teachers of all State Medical Colleges and the State Medical Officers including the officers working on ex-cadre posts shall cease to do the private practice. All posts shall be treated as the non-practicing post w. e. f. 1-2-1973 (Annexure-2 ). According to this letter such doctors were to get non-practicing pay and pay clinic. Rules were to be established in the State Medical Colleges, District level Hospitals and other Hospitals approved by the State Government and for which, separate orders were to be issued regarding the establishment and scheme of pay clinic. According to the statement made in paragraph 42 of the writ petition, the scheme of pay clinic was to start from 15-5-1973. However, the State Government reconsidered the restrictions imposed on private practice as well as the scheme of pay clinic and by G. O. dated 22nd February, 1974 the Government superseded all the earlier G. Os. by which the private practice were restricted and the pay clinics were sought to be started w. e. f. 1-1-1974. By this G. O. dated 22nd February, 1974 (contained m Annexure-VIli) the scheme banning the private practice and discontinued the facility of private practice was again allowed in regard to the post in which it was allowed prior to March, 1973.