The Supreme Court has declined to interfere with an Allahabad High Court order directing a high-level inquiry into allegations that government doctors attached to Moti Lal Nehru Medical College, Prayagraj, are engaging in private practice despite a prohibition and operating a parallel healthcare system outside the government hospital.
A bench of Justice B.V. Nagarathna and Justice Joymalya Bagchi allowed the withdrawal of an SLP filed by Dr. Santosh Kumar Singh, an Associate Professor in the Surgery Department of the medical college, after expressing disinclination to interfere with the High Court's order.
Senior Advocate Harshvir Pratap Sharma for Dr. Singh contended that he was not a party to the proceedings before the High Court and the Single Judge, while hearing a writ petition, had relied upon an FIR arising out of a personal dispute involving him. Justice Nagarathna, however, observed that the High Court was dealing with a larger public issue. “The cause is very good. Because government doctors should not do and you are also a doctor,” she remarked.
She said that the proceedings were not directed personally against Dr. Singh him but concerned allegations of private practice by government doctors. “There is nothing personal against you. It is for all doctors who are indulging in private practice,” Justice Nagarathna said. The Court repeatedly indicated that it was not inclined to interfere. Sharma then sought permission to withdraw the petition with liberty to approach the High Court.
The bench declined to grant any specific liberty, observing that the petitioner could either accept a dismissal order or withdraw the petition. The SLP was ultimately withdrawn. The challenge arose from proceedings pending before the Allahabad High Court concerning the condition of Moti Lal Nehru Medical College and Swaroop Rani Nehru Hospital, Prayagraj. The PIL had originally commenced on allegations that another doctor attached to the medical college had treated patients in a private hospital despite the ban on private practice.
The High Court is also monitoring many other issues relating to the institution, including the condition and proposed reconstruction of student hostels, and delays in infrastructure projects. The Court noted that construction of two floors of the Cardiology Department had remained incomplete despite work commencing in 2006 and despite funds having been released by the State Government.
The High Court had earlier observed that professors, associate professors and lecturers of the medical college appeared to be practising in private nursing homes and running a parallel medical system in Prayagraj, with patients allegedly being shifted from Swaroop Rani Nehru Hospital to private establishments.
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