THE INDORE division bench of Madhya Pradesh High Court has stayed the operation of order passed by State Government in 2000 and said that there would be no recovery from the government doctors in pursuance of that order.
The division bench of Chief Justice A K Patnaik and Justice S L Kochar passed the order in response to a writ appeal filed by MP Medical Teachers Association through counsel Anand Mohan Mathur.
The court, prima facie, accepted that no tax could be levied without authority of law. The Association had argued that deducting money from the salary of government doctors was akin to levying tax and this was not feasible. The appellant also said that levying such a tax would require a law made by legislature and what government passed was a mere administrative order.
The writ added that the government order had violated Article 300 A of the Constitution, which states that property cannot be taken except under authority of law. The Association contested that salary was also property and therefore it cannot be taken unless there is a law passed by the legislature.
The State Government had in November 2000 passed three orders. One was the government doctors were required to pay Rs 2,000 per month to the government if they were into private practice.
And in case they visited nursing home for surgery, they would pay Rs 500 per operation while Rs 500 was to come from the nursing home to government coffers. Thirdly, the government doctor was required to pay Rs 50 to the government on every private visit.