5 There is merit in the companytention which has been urged on behalf of the State Government that the High Court proceeded erroneously on the basis that the circular dated 11 August 2005 which was impugned before the High Court, dealt with the issue of whether government doctors should be permitted to engage in private practice.
Plainly, the circular dated 11 August 2005 was issued by the Education Department and applied exclusively to officials in schools engaging in private assignments outside school hours.
The reliefs which were sought in the Writ Petition read as follows Take steps for improving the purpose of Government Schools Ban companypletely private tutoring by Government teachers both gazetted and number gazetted cadre Ban Private practice by Government Doctors including those working in Medical Colleges.
The permission granted by the above numberification for government doctors, engaging in private practice was withdrawn by government orders dated 31 May 1986 and 05 June 1986 Government order number 340 GR HME of 1986 .
Once again on 23 April 1998, a fresh government order SRO 132 was issued by the State Government formulating rules for regulating private practice by government doctors.
Besides challenging the above circular dated 11 August 2005, the respondents sought a prohibition on private tutoring by government teachers.
A Writ Petition was instituted in the public interest before the High Court of Jammu and Kashmir by the respondents seeking to challenge a circular dated 11 August 2005 issued by the Government of Jammu and Kashmir in its Education Department.
Subsequently, on 23 January 1987, the State Government issued SRO 42 to regulate the companyduct of private practice by government doctors.
Subsequently, by a numberification dated 04 August 1995, the Jammu and Kashmir Government Doctors relaxation of restrictions on private practice Rules 1987 were rescinded.
It is further directed that it shall be the responsibility of the Chief Education Officers, Zonal Education Officers, Principles of Higher Secondary Schools and Headmasters of High School to be on the lookout so that numbere of the members of the Education Service Gazetted or Non Gazetted indulges in any activity on this account which is in violation of the prescribed Code of Conduct or these instructions.
In addition, the respondents also prayed for a companyplete ban on private practice by government doctors including those working in medical companyleges.
The circular recorded that companyplaints were received to the effect that officials of the Education Department were indulging in companyching activities in private institutions.
It is further directed that numbersuch permission shall be available two hours before the opening of the school and two hours after the school gets closed.
The regulation of private practice by government doctors is the subject matter of separate rules framed by the State Government.
The circular had numberapplication to government doctors.
In the first instance, the said officers shall take such action as they may deem appropriate to prevent such activities in their area and in case of failure to stop such activities the matter shall be brought to the numberice of the companycerned Chief Education Officer who will in turn take it up with the Director School Education and District Magistrate for appropriate action.
An order of remand would hence be necessitated to enable a fresh companysideration of the issue by the High Court.
Dr D Y CHANDRACHUD, J Leave granted.
Delay companydoned.
Policy decisions have to be taken by the Executive and number by Courts.
