IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 35709 of 2009(S) -------------------------- PETITIONER(S): --------------- P.BHAKTHAVALASALAN NAIR, S/O.ANDY PILLAI KUMARAMANGALAM,AGED 73 YEARS, RESIDING AT NAVARACKAL,P.O.AMBALAPUZHA, ALAPPUZHA DISTRICT. BY SRI. P.BHAKTHAVALSALAN NAIR(PARTY-IN-PERSON) RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,HEALTH & FAMILY DEPARTMENT SECRETARIAT ANNEX,TRIVANDRUM. 2. THE DIRECTOR OF MEDICAL ECUDATION, THIRUVANANTHAPURAM. SR. G.P. SRI.BENJAMIN PAUL FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF G.O.(P) NO.15/2009/P&ARD OF THE GOVT. DT.7.10.2009. P2: TRUE COPY OF THE NEWS PAPER REPORT(MANORAMA DAILY) ALONG WITH ENGLISH TRANSLATION DT.2.12.2009. P3: TRUE COPY OF THE REGULATION. P4: TRUE COPY OF THE NEWS PAPER REPORT (MATHRUBHOOMI DAILY) ALONG WITH ENGLISH TRANSLATION DT.2.12.2009. P5: TRUE COPY OF THE MEDICAL CERTIFICATE DT.9.6.2009. P5(a): TRUE COPY OF .DO. .DO.(HIS SON) NO.92/2000. TRUE COPY PA TO JUDGE 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 pms