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State of Jammu and Kashmir v. Vichar Kranti International & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 10286 of 2016 (Diary No. 15041 of 2012))Decided 21 Oct 2016
Civil Appeal No. 10286 of 2016 (Diary No. 15041 of 2012)
Chief Justice T.S. Thakur · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

This order sends the case back; it does not decide the dispute. A public interest case challenged a 2005 circular restricting government school teachers from taking private tuition. The Jammu and Kashmir High Court read the circular as also governing private practice by government doctors, restricted that practice and issued directions.

Decision Breakdown

This is not a final decision on the dispute. The Court agreed that the High Court had proceeded without being shown the actual statutory rules governing doctors' private practice. It set aside that part of the High Court's judgment and sent the question back, together with a related issue about infrastructure and conditions in government hospitals, restoring the writ petition for a fresh hearing. The High Court was invited to constitute an expert committee, and the part of its order about teachers was left undisturbed.

Lesson Learnt

There is no final ruling yet on how private practice by government doctors in Jammu and Kashmir should be regulated. A court should have the actual governing rules before it when it restricts such practice.

Official source (sci.gov.in)View Judgment (PDF)

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