STATE OF JAMMU AND KASHMIR versus VICHAR KRANTI INTERNATIONAL & ANR.

Citation: [2016] 9 S.C.R. 750 · Decided: 21-10-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off

Judgment (excerpt)

A 
[2016] 9 S.C.R. 750 
STATE OF JAMMU AND KASHMIR 
v. 
VICHAR KRANTI INTERNATIONAL & ANR. 
(Civil Appeal No. I 0286of2016) 
B 
OCTOBER21,2016 
[T. S. THAKUR, CJI, A. M. KHANWILKAR AND 
DR. D. Y. CHANDRACIIUD, JJ.) 
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 
E 
F 
G 
H 
case - Matter remanded back to High Court for afresh consideration 
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 
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 High 
750 
STATE OF JAMMU AND KASHMIR v. VICHAR KRANTI 
751 
INTERNATIONAL & ANR. 
Court disposed of the writ petition by setting aside the circular. 
A 
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 
B 
of government doctors. 
Disposing of the appeal, the Court 
HELD: 1. The High Court proceeded erroneously on the 
·basis that the circular in question dealt with the issue of whether 
government doctors should be permitted to engage in private 
practice. Plainly, the circular was issued by the Education 
Department and applied exclusively to officials in schools 
engaging in private assignments outside school hours. It had no 
application to government doctors. The regulation of private 
practice by government doctors is the subject matter of separate 
rules framed by the State Government. Neither were those rules 
under challenge before the High Court nor did the High Court 
had the benefit of evaluating the rules before it proceeded to 
decide the case. The High Court was not apprised of the relevant 
statutory rules which govern the field. An order of remand would 
hence be necessitated to enable afresh consideration of the issue 
by the High Court. [Puas 5, 6][756-C-F] 
2.1 Quite apart from the issue of whether government 
doctors should be allowed to engage in private practice, there 
are other and, perhaps more fundamental aspects which would 
arise from the Public Interest Litigation that was instituted before 
the High Court. The basic issue which requires to be addressed 
is the availability of infrastructure and facilities in government 
hospitals across the state of Jammu and Kashmir and the facilities 
for the treatment of patients. However, independent of that, the 
quality of medical care in government hospitals across the state 
of Jammu and Kashmir is a matter which should receive attention 
and oversight in the exercise of the jurisdiction under Article 
226. [Para 7][756-G, H; 757-A, BJ 
2.2 In particular, the following issues require careful scrutiny 
c 
D 
E 
F 
G 
H 
752 

Excerpt shown. Read the full judgment & AI analysis in Lexace.