HC Puts Stay on Government Notification fixing Maximum Rates for COVID and Non-COVID Patients [Read Order]

The Bombay high court, through a court order, stayed the operations of government notification prescribing maximum rates for COVID and non-COVID patients while reviewing the writ petition challenging the aforementioned notification.

The petition was brought before the court by the hospitals’ association, Nagpur, and Dr.Pradeep Arora challenging a clause in government notification which was issued in May prescribing maximum rates for patients infected with the novel virus and other regular patients without the contagious disease.

The court, at first, issued a notice for final disposal of the matter in August, with the assistance of senior advocate Subodh Dharamadhikari appointed as amicus curie, but notice of extension of the said notification till  31^st November made the court anxious to question the state government’s competency to incorporate such clause in notification orders on private hospitals adjourning the matter till 15^th September asking for the state government to make a statement stating “We wanted the respondents to make a statement regarding the authority to impose rates as per Annexure-A and B.” The court further stated that failing to submit the instructions the court shall order a stay on the aforementioned clause.

The additional government pleader, while representing the respondent, made the statement that a praecipe was moved to the Hon’ble chief justice to transfer the matter and some additional matters to the principle seat where the same were pending and filed purses of the abovementioned praecipe were also filed.

Upon review of the court and appointed amicus curie, the court mentioned that that it was conscious of its propriety of taking up this matter and acknowledged the respondent’s praecipe moving to the chief justice but at the same time stated that not granting the interim relief to the petitioner would be in contravention of its previous order and question the sanctity of the order. Thus the court granted the stay on the portion of notification fixing the rates of patients till the next hearing on 29 September,2020.

Read Order @Latestlaws.com