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Bombay High Court

VINOD BABURAO JADHAVversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The High Court disposed of the writ petitions, directing that their rights and contentions shall be governed by the final outcome of the pending Supreme Court SLP.

Summary

The Bombay High Court, Aurangabad Bench, disposed of three writ petitions (Nos. 16, 18 & 29) that challenged the entitlement of medical officers to engage in private practice and to receive a non‑practising allowance, issues previously decided in a common judgment dated 30‑07‑2026 (Writ Petition No. 1583 of 2015). That earlier decision is under challenge before the Supreme Court in Petition for Special Leave to Appeal (C) No. 28560 of 2026, which has been granted notice and the interim protection from the High Court has been continued. Both parties agreed that the pending writ petitions should remain subject to the final outcome of the Supreme Court appeal. Accordingly, the High Court ordered the writ petitions to stand disposed, with any interim relief continuing until the Supreme Court disposes of the SLP. The order essentially stays the effect of the earlier judgment pending the higher‑court decision.

Issues considered

  • Whether medical officers are entitled to undertake private practice while in government service
  • Whether a non‑practising allowance is payable to medical officers
  • Effect of a pending Supreme Court appeal on the operative status of a High Court judgment

Subjects

  • private practice
  • medical officers
  • non‑practising allowance
  • writ petition
  • interim relief
  • Supreme Court appeal
  • stay of judgment

Judgment

2026:BHC-AUG:39990-DB

                                                                             Sr. No. 16, 18 & 29


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                   16 WRIT PETITION NO. 5534 OF 2019

                                          Vinod Baburao Jadhav
                                                 VERSUS
                                   The State Of Maharashtra And Others
                                                   …
                                                  AND
                                  18 WRIT PETITION NO. 12085 OF 2021

                                            Mahesh Dilip Patil
                                                 VERSUS
                                   The State Of Maharashtra And Others
                                                   …
                                                  AND
                                  29 WRIT PETITION NO. 12098 OF 2017

                                   Shailaja Anantrao Thombare And Another
                                                     VERSUS
                                     The State Of Maharashtra And Others
                                                        …
                       •   Mr. Vivekanand B. Deshmukh, Advocate for the Petitioners in
                           the respective Writ Petitions.
                       •   Mr. R. S. Wani, AGP for the Respondents - State.
                                                        …
                                                      CORAM : KISHORE C. SANT &
                                                              JITENDRA JAIN, JJ.
                                                  DATE     : 31st AUGUST, 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.



                Jhs/                                                                      1/2
                                                               Sr. No. 16, 18 & 29


2.        It is informed that the aforesaid common judgment and

order 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.




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



Jhs/                                                                        2/2


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