Bombay High Court

SANDEEP MADHAVRAO BHAWARE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The Government Resolution prohibiting private practice by medical officers is valid and its challenge is dismissed.

Summary

The petitioners challenged clauses 4.1, 4.3, 4.5 and 4.7 of a 2012 Government Resolution that barred medical officers in government, semi‑government and local self‑government hospitals from engaging in private practice. The High Court noted that the same issue had already been decided in Writ Petition No. 6549 of 2026, where the court upheld the validity of the resolution and dismissed the challenge. Consequently, the present petitions were disposed of in accordance with that earlier judgment. The parties were informed that Special Leave Petition (C) No. 28560 of 2026 is pending before the Supreme Court, and they agreed to be bound by its eventual decision. An interim arrangement, previously extended in similar cases, was continued for six weeks from the date of the order.

Issues considered

Whether the Government Resolution prohibiting medical officers from private practice is constitutionally valid.

Subjects

government resolution
private practice
medical officers
constitutionality
writ petition
interim arrangement

Judgment

2026:BHC-AUG:41337-DB




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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                            12 WRIT PETITION NO. 5751 OF 2021
                               DR CHETAN SUNDARRAO ADMANE
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS

                                              WITH

                           14 WRIT PETITION NO. 12807 OF 2021
                         SANDEEP MADHAVRAO BHAWARE AND OTHERS
                                          VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER

           Mr. A.G. Jadhav and Mr.S.R. Bagal, Advocate for the petitioners in
           respective petitions.
           Mr. R.S. Wani and Mr. K.N. Lokhande, AGPs for the respondent-State in
           the respective petitions.

                                           CORAM : KISHORE C. SANT &
                                                   JITENDRA JAIN, JJ.
                                           DATE  : 07.09.2026

           PC :-

           01.          These petitions are in respect of challenge to the clauses 4.1,

           4.3, 4.5 and 4.7 of the Government Resolution dated 07.08.2012. The

           Government vide said resolution, had prohibited the Medical Officers in

           Government, Semi Government, Local Self Government Hospitals from

           undertaking private practice.



           02.          This Court already in Writ Petition No. 6549 of 2026 along

           with other connected petitions, vide order dated 30.07.2026 has upheld
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the validity of the Government resolution by dismissing the petitions.

Since the issue is already covered by the said judgment, the present

petitions are disposed of in view of the judgment therein.



03.                It is reported that Special Leave Petition (C) No. 28560 of

2026 is pending before the Hon’ble Apex Court.             The parties hereby

accept that they will be governed by the judgment that would be

delivered in the said SLP. Since in the similar petitions, this Court has

extended interim arrangement for a period of six weeks, in the present

petitions also the interim arrangement shall continue for a period of six

weeks from today.



         [JITENDRA JAIN, J.]                    [KISHORE C. SANT, J.]


snk/2026/Sep26/wp5751.21

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