Uday Sinha, J.

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 it 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:

HINDI

Copies of this resolution were sent to Government printing press for publication in the Bihar Gazette, as also sent to Accountant General, Patna and Ranchi for information and necessary action. Summarising the resolution in English it means that the question of better medicare of the people of the State by banning private practice by Government doctors was under consideration of the Government for sometime. In the previous year itself Government had made a policy declaration of banning private practice by Government doctors phase-wise. In consequence thereof as a first step Government has declared the post of doctors attached to all the nine Medical Colleges in the State on and from 2.10.1986 as non-practising. As a consequence of the ban, doctors of all categories would be receiving 40% of their basic salary, with a maximum of Rs. 600/- per mensem as non-practising allowance. The 10% deduction from the salary of such doctors would be discontinued with effect from 2.10.1986. Any doctor posted in the said nine colleges would be liable to disciplinary proceeding, if he indulged in private practice after 2.10.1986. The petitioners are Bihar State Health Services Association and thirty-six teacher doctors of the nine Medical Colleges.

2. C.W.J.C. No. 4537 of 1986 has been filed by Pre-Clinical and Para-Clinical teachers of Mahatma Gandhi Memorial Medical College, Jamshedpur. This College prior to its takeover by State Govt. in August 1986 was a private managed institution. They have also supported the stand of the teacher doctors and have prayed for quashing Annexure-1. In the alternative their stand is that the resolution does not affect them. While adopting the arguments advanced on behalf of the petitioners in the main writ application (C.W.J.C. No. 4476 of 1986), it has been contended that since no decision has been taken in regard to their absorption in Government service, the Government resolution contained in Annexure-1 cannot affect their right to private practice.

3. 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.

4. 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,