Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | issued blanket direction with respect to government doctors as well 011 the basis that the impugned circular also covered services of government doctors - Propriety Constitution of India - Art.226 - Public Interest Litigation government school teachers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India - Art.226 - Public Interest Litigation - High Court while setting aside a circular applicable to governme/11 C school teachers, issued blanket direction with respect to government doctors as well 011 the basis that the impugned circular also covered services of government doctors - Propriety of - Held: The circular in question was issued by the Education Department of the State and applied exclusively to officials in schools engaging in private D assignments outside school hours - It had no application to governmelll doctors - Regulation of private practice by government doctors is the subject mailer for separate rules which were neither under challenge before High Court nor did the High Court had the benefit of evaluating the rules before it proceeded to decide the case - Matter remanded back to High Court for afresh consideration E of the issue - In addition, High Court also directed to consider the more fundamental and basic issue of availability of infrastructure and facilities in government hospitals across the appellant-State and take remedial actions as necessitated - Jammu and Kashmir Government Employees (Conduct) Rules, I 97 I - r. I 0 - Jam mu and F Kashmir Public Men and Public Serva111s Declaration of Assets and Other Provisions Act, 1983 - s. 16(2j(b) - Jammu and Kashmir Govem111e111 Doctors (Relaxation of Restrictions on Private Practice) Rules, 1987 - Sen1ice law - Education service/Medical service - Hospitals - Hospital Administration.The respondents filed a writ petition challenging a circular dated 11 August 2005 issued by the Government of Jammu and Kashmir in its Education Department. The circular adverted to the provisions of Rule I 0 of the Jammu and Kashmir Government Employees (Conduct) Rules, 1971 which prohibited a government servant from taking up any assignment without the permission of the competent authority. The HighCourt disposed of the writ petition by setting aside the circular. In the present appeal, the State contended that it was not aggrieved by the directions of the High Court in their application to teachers, insofar as the circular dated 11 August 2005 was set aside. The grievance of the State was that the High Court issued a blanket direction erroneously on the basis that the circular of 11 August 2005 also covered the services of government doctors. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2016 INSC 980 |
Petitioner | State Of Jammu And Kashmir |
Respondent | Vichar Kranti International & Anr. |
SCR | [2016] 9 S.C.R. 750 |
Judgement Date | 2016-10-21 |
Case Number | 10286 |
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