A single individual, Sukesh Chander Khajuria, has filed this writ petition seeking ban on private medical practice by doctors in the service of the State Government and for creation and assurance of proper, adequate and hygienic medical facilities for the citizens of the State. The petition has been claimed to have been filed in public interest. The petitioner has claimed himself activist and President or member of several social organisations. A few facts necessary for the disposal of the writ petition may be stated:

Government doctors likely to be affected by the petition fall in two categories: (1) those posted at Primary Health Centres and Hospitals, (2) those posted at institutions imparting medical education. Doctors belonging to the second category are governed by Jammu and Kashmir Medical Education (Gazetted) Service Rules, 1979. Said doctors alongwith other Government servants are governed by Jammu & Kashmir Public Men & Public Servants (Declaration of Assets and ether provisions) Act, 1983. According to the petitioner, under both these statutory provisions it was not permissible for the doctors in the employment of the State Government to indulge in private practice,

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