Bombay High Court

MUKHTDIR ABDUL HAFIZ SATTARIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Government Resolution prohibiting private practice by medical officers is valid and the petitions are dismissed.

Summary

The petitioners challenged clauses 4.1, 4.3, 4.5 and 4.7 of a Government Resolution dated 07‑08‑2012 that barred medical officers in government, semi‑government and local self‑government hospitals from engaging in private practice. The High Court noted that a prior judgment in Writ Petition No. 6549 of 2026 had already upheld the validity of the same resolution and dismissed the earlier petitions. Since the legal issue was already decided, the Court took the present petitions on board but disposed of them as covered by the earlier judgment. The Court affirmed that the prohibition on private practice for medical officers is constitutionally valid. Consequently, the writ petitions were dismissed and the resolution remains in force.

Issues considered

Whether clauses 4.1, 4.3, 4.5 and 4.7 of the Government Resolution dated 07‑08‑2012 prohibiting private practice by medical officers are constitutionally valid.

Subjects

private practice
medical officers
government resolution
writ petition
validity
public service

Judgment

                                1                 WP / 607 / 2020 +


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                7 WRIT PETITION NO. 607 OF 2020

           TAHENIYAT BANU ABDUL HAFIZ SHATTARI
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS

               8 WRIT PETITION NO. 1560 OF 2020

               MUKHTDIR ABDUL HAFIZ SATTARI
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS

               9 WRIT PETITION NO. 2097 OF 2021

            SHAHELA FATEMA MOHAMMAD ISHAQ
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS

                WRIT PETITION NO. 2027 OF 2021

                 SHRIKANT SUHAS PAWARA
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS

                            AND
                WRIT PETITION NO. 3217 OF 2022

                 ABHAY ABASAHEB SHINDE
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS

                                   ...
    Advocate for petitioners in all WPs : Mr. Shankar B. Kendre
                                     h/f. Mr. R.P. Adgaonkar
AGP for the respondent – State : Mr. S.B. Pulkundwar & Mr. R.S. Wani
                                   ...

         CORAM              : KISHORE C. SANT AND
                              JITENDRA JAIN, JJ.

         DATE               : 2 SEPTEMBER 2026
                                  2                 WP / 607 / 2020 +




PER COURT :

             Writ petition nos. 2027 of 2021 and 3217 of 2022 not on

Board. Taken on Board.


2.           These petitions are 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 resultion, had probhibited the Medical Officers in

Government, Semi Government, Local Self Government Hospitals from

undertaking private practice.


3.           This Court already in writ petiton no. 6549 of 2026 along

with other connected petitions, vide order dated 30.07.2026 has upheld

the validity of the Government resolution by dismissing the petitions.

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

petitions are disposed of in view of judgment therein and it is reported

that Special Leave Petition (C) No. 28560 of 2026 is pending before

the Hon’ble Apex Court.




       [ JITENDRA JAIN ]                    [ KISHORE C. SANT ]
            JUDGE                                JUDGE

arp/

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