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HC allows Doctors to file fresh petition against GoN’s directive to end private practice

Gauhati High Corut Kohima Bench

DIMAPUR, JUNE 9: The Kohima Bench of Gauhati High Court has allowed 51 Nagaland Government doctors to file a fresh petition against the State Government’s directive to, among others, end private practice.
“The petitioners herein have invoked the jurisdiction of this Court challenging the Office Memorandum dated July 31, 2023 whereby the Commissioner and Secretary to the Government and Nagaland, Health and Family Welfare Department, has issued various instructions thereby not permitting the in-service Government Doctors to engage in private practice as well as directing all the private hospitals, clinics, nursing home not to engage in-service Government Doctors, Nurses, Technicians and Health Workers in the establishments.
“This Court has duly taken note of that the said Office Memorandum dated July 31, 2023 is issued in terms with Section 3 read with Section 8 of the Nagaland Healthcare Establishment Act, 1997 (for short, ‘the Act of 1997’)”, stated an order issued by Justice Devashis Baruah on June 7.
During the hearing, Sentiyanger, the Counsel for the petitioners, submits that the impugned Office Memorandum infringes the rights of the petitioners under Article 19 (1) (g) of the Constitution of India (right to practice any profession or to carry on any occupation, trade or business).
He further submitted the impugned Office Memorandum was issued in pursuance to the Act of 1997, and as such, without a challenge to the said Act of 1997, the petitioners would not be in a position to succeed in the instant writ petition.
The Counsel, therefore, submitted that he may be permitted to withdraw the instant writ petition with a liberty to file a fresh one by challenging the Act of 1997 as well as seeking other consequential reliefs.
“Taking into account the above submission, this Court is of the opinion that without a challenge to the Act of 1997, the petitioners cannot succeed in the challenge to the Office Memorandum dated July 31, 2023.
“Under such circumstances, this Court permits the petitioner to withdraw the instant writ petition and grants the liberty as sought for herein above. Accordingly, the instant writ petition stands dismissed on withdrawal subject to the liberty given hereinabove”, read the order.
(Page News Service)

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