Private practice of doctors continues despite HC ban

Notwithstanding the ban imposed on the private practice of doctors by the state high court, a large number of doctors across the Valley allegedly continue to indulge into the practice in violation of the directive. The officials maintain that they cannot implement the ban until and unless the state government endorses the court directive.

Reports from almost all the district headquarters of the valley said that the doctors despite the ban imposed by the court continue to practice at their private clinics under the nose of the law enforcement agencies.

“You can see dozens of doctors practicing at their private clinics in Anantnag, Pulwama, Srinagar, Kulgam and other district headquarters not only on holidays but even before and after the working hours on other days,” said an advocate Bashir Ahmad.

He said that the government seems to have completely ignored the high court ruling and allowed the doctors to go ahead with private practice.

“The high court ruling was also in the interest of the poor patients who cannot afford the fee doctors charge at the private clinics but the doctors in violation of the high court ruling continue to indulge in the private practice with authorities acting as mute spectators,” said a resident of south Kashmir, Suhail Ahmad.He said that it is irony that the authorities do not give any heed even to the court directive which is in the interest of the public to the hilt.

When contacted, director health services, Kashmir, Dr. Salim-u-Rehman, admitted that the doctors continue to indulge into private practice despite the high court ruling but added that they are waiting for the endorsement of the court order by the government.

“Yes it is true that the doctors continue to practice at their private clinics but until and unless the government endorses the court directive we cannot take action against any such doctor. Once the state government accepts the ruling we will implement the ban on private practice of doctors in letter and spirit,” director said.

SKIMS celebrates 29th Foundation Day

Paying glorious tributes to the founder of Sher-i-Kashmir Institute of Medical Sciences, Soura, on its 29th Foundation Day, the Minister for Medical and Technical Education, R.S Chib said that prestigious Institute is a great gift of the late towering personality, Sheikh Mohammad Abdullah to the people of Jammu and Kashmir.

He said establishing this institute was a great vision of the late personality for providing latest health facilities to the people and was realized as per aspiration of the people. Mr. Chib said till date lakhs of people have been benefited particularly poor and downtrodden and despite two decades turmoil, the Institute with its efforts provided all the necessary medical facilities to the common people, even during the last year's unrest period.

Earlier, the Minister for Forests, Environment and Ecology, Mian Altaf Ahmed while paying rich tributes to the founder of the SKIMS, hailed the efforts of the fraternity of this Institution for proving their mettle for curing the patients at their best level.

He said the Institution has distinction of producing number of specialists, surgeons, medical and paramedical staff. He said the products of this Institution not only served the people of the State but also received laurels at national and International level.

Lauding the role played by the medical fraternity in ameliorating the sufferings of the people of the State and providing best quality medicare, he said there is scope of improvement at this front.

However, he said , the common people ,particularly those who are not economically strong to go out side the State for necessary treatment have a great expectations from this Institution and added the Government is also making every effort to equip the Institution with latest medical tools and infrastructural facilities.

Later, Professor Upender Koul, Dean Fortis Escorts, Delhi delivered SK oration lecture and talked about interventional cardiology of eluting vanishing stents, a journey of five decades.

Earlier, the Director SKIMS Dr Showket Ahmed Zargar highlighted the achievements of the Institution.

He said that SKIMS University is also imparting short term/elective training courses to the students of Jammu and Kashmir pursuing medical/engineering/physiotherapy/technology courses in the Institutions/universities within or outside the State.

Court Bans pvt practice by Doctors and Govt teachers

DB bans pvt practice by docs, tuition by Govt teachers

Division Bench of J&K High Court today ordered complete ban on private practice of doctors and teachers.

In a Public Interest Litigation (PIL), Division Bench of J&K High Court Jammu Wing, comprising Chief Justice FM Ibrahim Kalifulla and Justice Virender Singh, set-aside part of the instructions contained in circular number EDU-PS-C-S-11-05 dated August 11, 2005. The circular grants general permission to the officials of the Education department and Medical department to engage themselves by way of self-employment or accepting part-time employment in private coaching centres, two hours before the opening of school and two hours after closing of the schools, as also private practice by the doctors.

The PIL filed by Vichar Kranti International and Others sought complete ban on private tutoring by the government teachers both ‘Gazetted and Non-Gazetted cadres’ and ban on private practice by government doctors including those working in the Medical Colleges. The PIL also sought quashment of Circular number EDU-PS-C-S-11-05 dated August 11, 2005.

The judgment written by Chief Justice FM Ibrahim Kalifulla for the Division Bench observed that counsel for the petitioner pointed out that under rules 10 of J&K Government employees (conduct rules) 1971, there is a general prohibition that any government employee, whether on leave or in active service, cannot undertake any trade or business or any other employment without previous sanction of the government.

Under the circular, general authorisation has been provided to encourage the officials of the Education department to grant permission to the teachers to indulge in any private tuition two hours before the opening of schools and two hours after schools get closed. The petition stated that this runs contrary to the Rule 10.

When the Division Bench examined Rule 10 of J&K Government Employees Conduct Rules 1971, it observed that the said rules specifically prohibit a government employee to undertake any employment by encouraging private tuitions. The teachers would be otherwise engaging themselves in one of the other form of self employment for earning more money. Therefore, if such a practice is allowed to continue, certainly, there would be serious deterioration in maintaining the standard of education in the government schools, the petition said.

“In other words, if a teacher is interested in private tuition for the purpose of earning more money, it is needless to state that he would only result in total disinclination to concentrate in imparting education in the regular working hours, in the schools, to the students and thereby standard of education in the schools will be seriously affected,” the petition pointed out.

It further elaborated, “the provisions contained in circular August 11, 2005 to the effect that it would be permissible for the Education department to grant permission for the teachers to accept such type of engagements in private coaching centers or start their own private tuition centers, two hours prior to the opening of the schools and two hours after closing of the schools, would be indirect conflict with the specific provisions contained in Rule 10. The Provisions contained in Rule 10, does not enable the state government to such a general instructions to the officials of the Education department for granting such permissions, which would not be in the interest of the students studying in the government schools.”

Division Bench observed that proper interpretation of Rules 10 would only be that in exceptional cases, where the government is of the view that engagement of any trade or business or undertaking of any other employment of a government servant, either on leave or in active service, would be required in the interest of public at large. Such a permission by way of previous sanction can be granted by considering such individual cases, depending upon such exigency and other relevant factors.

The court reasoned that the contention of the counsel for the PIL that grant of such general authorisation to the government officials would not be in the interest of the public at large and in particular the student community and would result in total deterioration of the standard of the education in government schools.

While holding that it is for the state government to apply Rule 10 in appropriate case depending upon the exigency of the work for granting previous sanction, the court directed a blanket ban on private practice by both doctors and teachers. Particularly in the case of teachers, the high court observed that the General Blanket Authority, which the circular dated August 11, 2005 extends to the officials of the education department cannot be sustained to that extent and so the said circular stands set-aside.