Bombay High Court

DR CHETAN SUNDARRAO ADMANEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court upheld the validity of the Government Resolution and dismissed the petitions challenging it.

Summary

The petitioners challenged clauses 4.1, 4.3, 4.5 and 4.7 of a Government Resolution dated 7 August 2012 that barred medical officers in government, semi‑government and local self‑government hospitals from engaging in private practice. The High Court noted that it had already examined the same issue in Writ Petition No. 6549 of 2026, where it upheld the validity of the resolution and dismissed the challenge. Consequently, the present petitions were disposed of in accordance with that earlier judgment. The Court also observed that Special Leave Petition (C) No. 28560 of 2026 is pending before the Supreme Court, and the parties agreed to be bound by the forthcoming decision. An interim arrangement, previously extended in similar cases, was continued for another six weeks from the date of the order.

Issues considered

Whether clauses 4.1, 4.3, 4.5 and 4.7 of the Government Resolution dated 07‑08‑2012 prohibiting medical officers from private practice are constitutionally valid.
Whether the interim arrangement restricting private practice should be extended pending final resolution of the matter.

Subjects

Government Resolution
private practice
medical officers
writ petition
validity
interim arrangement
Supreme Court pending

Judgment

2026:BHC-AUG:41336-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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