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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