Bombay High Court
SAMEER CHANDRAKANT CHAUDHARIversusTHE SECRETARY PUBLIC HEALTH DEPARTMENT MUMBAI AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petitions are disposed, and the parties' rights shall be determined by the final outcome of the pending Supreme Court appeal.
Summary
The Bombay High Court disposed of a group of writ petitions filed by several medical officers challenging the entitlement to private practice and the payment of Non‑Practising Allowance, noting that the issue had already been decided in a common judgment dated 30 July 2026 (Writ Petition No. 1583 of 2015 and connected petitions). That earlier decision is presently under challenge before the Supreme Court in Petition for Special Leave to Appeal (C) No. 28560 of 2026, which has been issued notice and has continued the interim protection granted by the High Court. Both the petitioners' counsel and the Attorney General for the State jointly requested that the pending writ petitions be disposed, with the parties' rights to be governed by the final outcome of the Supreme Court appeal. The Court accordingly ordered the writ petitions to stand disposed, directing that any interim relief continue until the Supreme Court disposes of the appeal. The order emphasizes that the substantive rights of the parties will be determined by the Supreme Court’s final 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 appeal on the enforceability of the High Court’s earlier judgment
Subjects
- private practice
- medical officers
- Non‑Practising Allowance
- writ petition
- interim relief
- Supreme Court appeal
Judgment
2026:BHC-AUG:41622-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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