The verdict of the Kerala and Tripura High Courts regarding private practice of government doctors are contradictory

steth2While the Kerala high court gave a judgment not limiting government doctors to charge fees, even more than stipulated by the government, the Agartala High Court has brought in many restriction of the practice of government doctors.

The direction of the court that a doctor cannot practice more than 3 hours on a week day has to be contested. Court could have opined a government doctor can practice after the working hours in government hospital and without hindrance to his duty as a government doctor.

Fixing of fees by the court is also against trade practices. A professional is entitled to fix his fees and it is the choice of the patient/ service seeker to avail his service at the fees fixed by the doctor. This is the right of the professional

The court verdict also did not give any weightage for the specialty or seniority of the doctor. A receipt need to be given only on demand by the patient and there is no need to make it a routine with each consultation.

It is noteworthy that Kerala high court held that ‘excess fee charged by government doctors cannot be branded as illegal gratification and that such a doctor cannot be prosecuted under prevention of corruption act’. When a doctor is authorized under the law, to accept consultation fees or to accept medical certificate fee, and if the doctor demands or accepts something over the stipulated fees, the doctor cannot be prosecuted under the PC Act.

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