BIHAR STATE HEALTH SERVICES ASSOCIATION THROUGH GOPAL PRASAD SINHA AND 36 OTHERS Vs. THE STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) This is a batch of writ applications challenging the validity of a Government resolution banning private practice of doctors, who are teachers of nine Medical Colleges in this state. As the ban has created mixed re actions among different classes of citizens, several others have joined issue, pro and con. C.W.J.C. No. 4476 of 1986 is the main writ application in which the central issue has been pointedly focussed. The annexure sought to be quashed is Annexure -1 to this writ application All through the judgment wherever there is a reference to the Government resolution, it will be referred to Annexure -1. It was issued on 30.9.1986. It is essential to quote it in extenso. It reads thus:

(2.) C.W.J.C. No. 5047 of 1986 is another application by two citizens of Patna, supporting the stand of the doctors and praying for quashing the Government resolution. Their stand is that the hospitals attached to nine Medical Colleges in the State are in shambles and if the private practice of the teacher doctors is banned, they are likely to resign and walk out of the institutions which will leave the hospitals in worse conditions -worse than what exists today. It has been contended that poor people who will have to go to the Government hospitals, will be much worse off for the reason that the best medicare will not be available to them. Their stand is that the teacher doctors are not responsible for the utterly depressing condition in the hospitals. Rather, the Government is responsible for it and, therefore, the ban placed on private practice by teacher doctors is arbitrary and irrational. The petitioners of this application also have supported the case of the teacher doctors.

(3.) C.W.J.C. No. 5120 of 1986 has been filed by three citizens of this State. Their stand is that the Government resolution banning private practice by doctors of the Medical Colleges is a retrograde and anti people step. It is likely to increase hardship of the common man. Prayer has, therefore, been made for quashing Annexure -1.