Doctors to challenge Bihar govt’s private practice ban in court

Bihar government doctors plan to challenge a ban on private practice, proposing an optional NPA model, fearing it will worsen public healthcare.

Government doctors in Bihar have decided to challenge the state government’s move to impose a blanket ban on private practice by allopathic doctors in the public sector, officials of the Indian Medical Association (IMA), Bihar chapter, said on Sunday.

Doctors to challenge Bihar govt’s private practice ban in court

The decision was taken at a joint meeting of the IMA and the Bihar Health Services Association (BHSA), convened a day after the state health department issued a resolution expressing its intent to prohibit private practice by all government allopathic doctors. The proposed move is expected to impact over 10,000 doctors across cadres, including the Bihar Health Services, Bihar Medical Education Services and the Indira Gandhi Institute of Cardiology.

While announcing the policy intent, the government stated that detailed guidelines — including the date of enforcement of ban on private practice, provisions for non-practising allowance (NPA), and additional incentives to doctors posted in rural and remote areas — would be notified separately.

Following the meeting, Dr Sahajanand Prasad Singh, chief patron of IMA Bihar, said the association has proposed an “optional NPA model” as an alternative to the blanket ban.

Under this model, government doctors should be given the choice to either opt out of private practice and receive NPA at par with Central government doctors, or continue private practice under regulated and declared conditions without availing of NPA.

“We will wait and watch the government’s next move. If our suggestion is ignored and a blanket ban is enforced, the IMA, BHSA and medical college teachers’ associations will be compelled to move court,” Dr Singh said.

He further suggested fixed duty hours, such as 9am to 4pm, along with strict action against absenteeism to ensure accountability.

The IMA warned that enforcing a blanket ban could trigger resignations among doctors, worsening the already strained manpower in public health facilities. “The ultimate sufferers will be poor patients who depend on government healthcare,” Dr Singh said.

He also highlighted systemic gaps, noting that even basic residential facilities are unavailable for the vast majority of government doctors, particularly in rural and remote areas.

Supporting the stand, IMA Bihar senior vice-president Dr Sunil Kumar Singh said the association would oppose the move legally, if necessary.

The proposed ban has, however, triggered a divide within the medical community. Some senior doctors have backed the government’s move, arguing that restricting private practice is essential to ensure doctors’ presence in public health facilities and improve service delivery.

The IMA had earlier opposed the proposal in a January 31 letter to the state health secretary, reiterating its preference for an optional NPA-based regulatory framework. It argued that such a model would improve attendance, retain skilled professionals and remain constitutionally sustainable.

The association also cited structural issues — including lack of accommodation, inadequate security, poor infrastructure, staff shortages and administrative burdens — as key reasons for absenteeism, cautioning that punitive measures without addressing these factors would be counterproductive.