Rushikesh Ashok Nikam and Others v. the State of Maharashtra, Thr. Secretary, Public Health Department, Mumbai and Others

Bombay HC19 Aug 2024WP/4753/2024

Case brief

AI extract

What is this about?

Medical Officers petitioned claiming a right to private practice alongside Government service under Article 19. The court issued Rule, stayed clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of the Government Resolution dated 07/08/2012 affecting the petitioners, and directed the petitions be clubbed with similar pending writ petitions.

What did the court decide?

Ad interim stay on clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of GR dated 07/08/2012 affecting the petitioners; Rule issued; petitions to be clubbed.

Rushikesh Ashok Nikam and Others vs the State of… — Service and Employment | Bombay HC (2024)

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17-WP-4753-24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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WRIT PETITION NO.4753 OF 20 24

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Dr Rushikesh Ashok Nikam, Buldhana and ors.

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-vs-

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The State of Maharashtra, Thr. Secretary, Public Health Dept. Mantralaya, Mumbai and ors.

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Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders.

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Court's or Judge's Orders.

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Shri Vivek Rathod, Advocate for petitioners. Shri S. M. Ghodeswar, Assistant Government Pleader for respondent Nos.1 to 3.

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CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE : August 19, 2024

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Heard Shri V. Rathod, learned counsel appearing for the petitioners.

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The issue sought to be canvassed in the petition pertains to infringement of constitutional right of the petitioners conferred under Article 19 of the Constitution of India as it is claimed that the petitioners being Medical Officers are entitled to practice their profession in addition to Government service.

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The learned counsel would claim that the issue is under consideration in Writ Petition Nos.2567/2023, 534/2023, 535/2023 pending before Nagpur Bench, Writ Petition Nos.11584/2019, 11674/2019 with other writ petitions and Writ Petition No.6443/2023, pending before Aurangabad Bench, Writ Petition Nos.9069/2022, 9248/2022 and Writ Petition St. No.3448/2020 pending before Principal Seat.

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According to Shri Rathod, learned counsel Clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of the Government Resolution dated 07/08/2012 are stayed

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17-WP-4753-24.odt

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by the Courts in the aforesaid writ petitions.

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As such he is seeking ad interim relief in the present petition.

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That being so, Rule .

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Shri S. M. Ghodeswar, learned Assistant Government Pleader waives notice of hearing for respondent Nos.1 to 3.

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In the meanwhile, clauses 4.1, 4.3, 4.4, 4.5 and 4.7 of Government Resolution dated 07/08/2012 shall remain stayed insofar as it affect the present petitioners until further orders.

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We direct registry of this Court to place copy of this order before the Honourable Chief Justice so as to club all these writ petitions raising similar issue before any one of the Benches so as to save judicial time for adjudicating the same.

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To be heard along with Writ Petition Nos.534/2023, 535/2023 and 2567/2023.

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(Abhay J. Mantri, J.) (Nitin W. Sambre, J.)

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Asmita

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Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 20/08/2024 11:08:21

Rushikesh Ashok Nikam and Others v. the State of Maharashtra, Thr. Secretary, Public Health Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Rushikesh Ashok Nikam and Others v. the State of Maharashtra, Thr. Secretary, Public Health Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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