Bombay High Court

NITIN SUBHASH VISPUTEversusTHE SECRETARY PUBLIC HEALTH DEPARTMENT MUMBAI AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petitions are disposed of, with the parties' rights to be governed by the final outcome of the pending Supreme Court SLP (C) No. 28560 of 2026.

Summary

The Bombay High Court, Aurangabad Bench, disposed of a series of writ petitions filed by medical officers challenging the entitlement to private practice and the payment of Non‑Practising Allowance. The Court noted that the substantive issue had already been decided in a common judgment dated 30 July 2026 in Writ Petition No. 1583 of 2015. That judgment is presently under challenge before the Supreme Court in SLP (C) No. 28560 of 2026, which has been granted notice and interim protection. Accordingly, the Court ordered that the rights of the petitioners in the present writs shall be determined by the final outcome of the Supreme Court SLP. Any interim relief granted earlier will continue until the Supreme Court disposes of the SLP. The writ petitions were therefore dismissed, pending the higher‑court decision.

Issues considered

Whether medical officers are entitled to engage in private practice while in government service
Whether the Non‑Practising Allowance is payable to medical officers who do not engage in private practice
Effect of a pending Supreme Court SLP on the enforceability of the High Court's earlier judgment

Subjects

private practice
medical officers
Non‑Practising Allowance
writ petition
Supreme Court
Special Leave Petition
interim relief

Judgment

2026:BHC-AUG:41625-DB


                                            {1}                    WP-10959-2014

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                              WRIT PETITION NO. 10959 OF 2014

                             Dr. Dyandev Rambhau Naval & Others
                                             VERSUS
                        The Secretary Public Health Department & Others

                              WRIT PETITION NO. 12219 OF 2015

                                     Dr. Ravindra Kadu Patil
                                             VERSUS
                        The Secretary Public Health Department & Others

                              WRIT PETITION NO. 12240 OF 2015

                                    Dr. Milind Shamrao Bari
                                             VERSUS
                        The Secretary Public Health Department & Others

                              WRIT PETITION NO. 12227 OF 2015

                                  Dr. Ashiskumar Ashok Patni
                                             VERSUS
                        The Secretary Public Health Department & Others

                              WRIT PETITION NO. 12230 OF 2015

                                    Dr. Sachin Dagdu Ahire
                                             VERSUS
                        The Secretary Public Health Department & Others

                              WRIT PETITION NO. 12241 OF 2015

                                   Dr. Nitin Subhash Vispute
                                             VERSUS
                        The Secretary Public Health Department & Others

                              WRIT PETITION NO. 12253 OF 2015
                                {2}                     WP-10959-2014

                Dr. Sameer Chandrakant Chaudhari
                               VERSUS
          The Secretary Public Health Department & Others

                 WRIT PETITION NO. 12234 OF 2015

                       Dr. Vijay Reva Kurkure
                               VERSUS
          The Secretary Public Health Department & Others

                 WRIT PETITION NO. 12229 OF 2015

                     Dr. Shaikh Asif Iqbal Nizam
                               VERSUS
     The Secretary Public Health Department Mumbai And Others

Mr. Shrinivas S. Wagh, Advocate for the Petitioners
Mr. N.D. Batule, AGP for State
                                .......

                      CORAM : NITIN B. SURYAWANSHI AND
                                ABASAHEB D. SHINDE, JJ.


                         DATE : 08th SEPTEMBER, 2026
PER COURT :

1.   This Court, by a common judgment and order dated 30.07.2026

passed in Writ Petition No. 1583 of 2015 and connected Writ Petitions,

has already decided the issue involved in the present petitions,

concerning the entitlement of Medical Officers to undertake private

practice and the payment of Non-Practising Allowance.



2.   It is informed that the aforesaid common judgment and order
                                  {3}                      WP-10959-2014

dated 30.07.2026 has been challenged before the Hon'ble Supreme

Court in Petition for Special Leave to Appeal (C) No. 28560 of 2026. It

is further informed that the Hon'ble Supreme Court has issued notice

and continued the interim protection granted by this Court.


3.       Learned Advocate for the petitioners and learned AGP jointly

submit that the present Writ Petitions may be disposed of with a

direction that the rights of the parties herein shall abide by the final

outcome of Petition for Special Leave to Appeal (C) No. 28560 of 2026

pending before the Hon'ble Supreme Court.


4.       In view of the above, the Writ Petitions stand disposed of. The

rights and contentions of the parties in these petitions shall abide by

the final outcome of Petition for Special Leave to Appeal (C) No. 28560

of 2026.


5.       Interim relief, if any, operating in these Writ Petitions shall

continue till the disposal of Petition for Special Leave to Appeal (C) No.

28560 of 2026, subject to any further orders passed by the Hon'ble

Supreme Court.



(ABASAHEB D. SHINDE, J.)                (NITIN B. SURYAWANSHI, J.)


Bhagyawant Punde

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