P.Bhakthavalasalan Nair vs The State Of Kerala Represented By … on 15 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35709 of 2009(S)


1. P.BHAKTHAVALASALAN NAIR,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR OF MEDICAL ECUDATION,

                For Petitioner  :P.BHAKTHAVALSALAN NAIR(PARTY-IN-PERSON)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :15/02/2010

 O R D E R
                           P.R.RAMAN, AG. C.J. &
                    C.N.RAMACHANDRAN NAIR, J.
               ....................................................................
                          W.P.(C) No.35709 of 2009
               ....................................................................
               Dated this the 15th day of February, 2010.

                                      JUDGMENT

Ramachandran Nair, J.

Heard the party in person who filed this W.P.(C) challenging the

Government Notification prohibiting private practice by Government

Doctors. Government Pleader opposed the petitioner’s challenge

against the validity of the Notification as it is a policy decision taken by

the Government. We do not find any justification to interfere with the

policy decision taken by the Government prohibiting private practice

by Government Doctors. However, considering the peculiar nature of

the chronic decease the petitioner’s son has, we make it clear that the

Doctors named by him Sri.M.R.Naik and Sri.Suresh Raghavan of the

Medical College, Alleppey, are free to offer consultation to the

petitioner’s son at their residence without collecting any fees for the

same. However, we make it clear that this should not be taken as a

direction to the Doctors whom we have not heard, to offer consultation

in their house, which is a matter at their discretion on petitioner’s

2

request. This order passed by us in an exceptional case should not be

taken as a precedent for the above named Doctors or any other Doctor

to start private practice in their house in violation of Government

Orders. W.P.(C) is closed.

Copy of the judgment should be issued to the petitioner on

application.

P.R.RAMAN
Acting Chief Justice

C.N.RAMACHANDRAN NAIR
Judge

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