2024:CGHC:44197-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 91 of 2024 In The Matter Of Suo Moto Public Interest Litigation Regarding News Item Namely - Guideline Ki Andekhi - Prashasnik Pad Par Baithe Doctor Npa Lene Ke Baad Bhi Kar Rahe Private Practice - 503 Mein Se 268 Doctor Karte Hain Niji Practice Isliye Der Se Aate Hain Aspataal, Mareez Naraaz, Publised In Daily News Paper Dainik Bhaskar, Bilaspur Bhaskar, Dated 05th November, 2024.

... Petitioner versus

1 - The State of Chhattisgarh Through Chief Secretary, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.)

2 - State Of Chhattisgarh Through Secretary, Health And Social Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, (C.G.)

3 - Director Health Services, Indravati Bhawan, Atal Nagar, Nava Raipur (C.G.)

Digitally 4 - Civil Surgeon District Hospital, Bilaspur (C.G.)

signed by ROHIT ROHIT KUMAR KUMAR CHANDRA CHANDRADate: 5 - Dean Chhattisgarh Institute Of Medical Science (Cims) Bilaspur, 2024.11.14

15:57:59 +0530 District - Bilaspur, Chhattisgarh.

6 - The Collector Bilaspur, District Bilaspur (C.G.)

7 - Superintendent Cum District Ayurved Officer District Ayurved Hospital, Bilaspur, District - Bilaspur (C.G.)

... Respondents (Cause-title taken from Case Information System)

_________________________________________________________

For State/Respondents : Mr. Prafull N. Bharat, Advocate General along with Mr. Shashank Thakur, Deputy Advocate General For Intervenor : Mr. Chandresh Shrivastava and Mr. Sumit Shrivastava, Advocates Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shr i Amitendra Kishore Prasad , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

1 3 . 11 .2024

1. Heard Mr. Prafull Bharat, learned Advocate General along with Mr.Shashank Thakur, learned counsel, appearing for the State/respondents. Also heard Mr. Chandresh Shrivastava and Mr. Sumit Shrivastava, learned counsel, appearing on behalf of the Intervenor.

2. The present Public Interest Litigation has been taken suo moto cognizance by this Court based on news item published in Daily News Paper Dainik Bhaskar, Bilaspur Chhattisgarh dated 05.11.2024 under the heading : “xkbMykbu dh vuns[kh o iz’kklfud in ij cSBs MkWDVj ,uih, ysus ds ckn Hkh dj jgs izkbZosV iszfDVl % 503 esa ls 268 MkWDVj djus gSa futh izsfDVl blfy;s nsj ls vkrs gSa vLirky] ejht ijs’kku”

3. In compliance of the Court’s order dated 05.11.2024, an affidavit has been filed by the Additional Chief Secretary, Government of Chhattisgarh, Department of Health and Family Welfare, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar (C.G.) on 12.11.2024, the operative portion of the same, reads as under :-

“4. That, in compliance of the order dated 05/11/2024 passed by the Hon'ble Court, the deponent herein. having the highest regards and great respect for the lawful authority of this Hon'ble Court as well as the orders and directions issued from time to time, respectfully submits as under :-

a. That, on 05/11/2024 the news item has been published in the Bilaspur Bhaskar wherein it has been reported that the guidelines issued by the State Government are not adhered to by the doctors and out of 503 doctors, 268 doctors are engaged in private practice and are not attending the hospitals and the patients / attenders visiting to the hospital for treatment are facing hardships.

b. That, the deponent respectfully submits that the State Government, Department of Finance issued Finance instruction no. 22/2011 with regard to eligibility for Non Practice Allowance to the Government Medical Teachers and Doctors subject to the restriction on private practice. Copy of the Finance Instruction no. 22/2011 dated 02/06/2011 is filed herewith as Annexure A/1. A bare perusal of the said Finance Instruction would make it clear that there is complete restriction on private practice by the Medical Teachers and Doctors, however, some relaxation / exemption have been granted with certain conditions and according to which, the private practice can be allowed after t