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Jharkhand High Court
Jyoti Sharma vs The State Of Jharkhand on 1 April, 2026
Author: Rajesh Shankar
Bench: Rajesh Shankar
2026:JHHC:9126-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No.613 of 2026
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Jyoti Sharma, son of Late Madan Lal Sharma, resident of Marwari
Tola, Upper Bazar, Mahavir Chowk, P.O. G.P.O., P.S. Sadar,
District Ranchi, Jharkhand.
.......... Petitioner.
-Versus-
1. The State of Jharkhand, through Chief Secretary, Government
of Jharkhand, Project Building, Dhurwa, Ranchi.
2. The Additional Chief Secretary, Department of Health, Medical
Education and Family Welfare, Government of Jharkhand,
Nepal House, Doranda, Ranchi.
3. The Union of India, through the Secretary, Ministry of Health
& Family Welfare, Nirman Bhawan, New Delhi-110011.
4. The National Health Authority (NHA), through its Chief
Executive Officer, 9th Floor, Tower-L, Jeevan Bharti Building,
Connaught Place, New Delhi-110001.
.......... Respondents.
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CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Ms. Ayushi, Advocate
Mr. Bhanu Kumar No.1, Advocate
For the State : AC to AG
For UOI : Mr. Prashant Pallav, ASGI
Mr. Sunil Kumar, CGC
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Order No.02 Date: 01.04.2026
1. Heard learned counsel for the parties.
2. The petitioner, by instituting what he describes, is a Public
Interest Litigation, seeks the following reliefs:-
"(i) For issuance of an appropriate Writ(s), Order(s), or
Direction(s), particularly a Writ in the nature of Mandamus,
commanding upon the Respondents to reconsider and revise
the age eligibility criteria under the Ayushman Bharat Pradhan
Mantri Jan Arogya Yojana (AB PM-JAY), which presently
extends coverage only to citizens aged 70 years and above,
and to extend the said benefit to all citizens aged 60 years and
above, so that senior citizens within the age group of 60-70
years are not deprived of essential healthcare protection.
2026:JHHC:9126-DB
(ii) For issuance of an appropriate Writ(s)/ Order(s)/Direction(s),
particularly a Writ in the nature of Mandamus, commanding
upon the Respondents to re-evaluate, expand, and
expeditiously implement the age eligibility criteria of the
Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PM-
JAY) scheme to include all citizens aged 60 years and above for
the health coverage benefit of Rs.5 lakh per annum, ensuring
that the scheme's benefits including the issuance of specific
cards are immediately and universally available to all senior
citizens (60+), considering their increasing healthcare needs
and the generally accepted age of retirement.
AND/OR
(iii) For issuance of an appropriate Writ(s)/ Order(s)/Direction(s),
particularly a Writ in the nature of Mandamus, commanding
upon the Respondents to revise the age eligibility criteria under
the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB
PM-JAY) to include all citizens aged 60 (sixty) years and above
for availing the benefits of free medical treatment up to
Rs.5,00,000/- (Rupees Five Lakhs only) per family per year,
irrespective of their socio-economic status.
AND/OR
(iv) For issuance of an appropriate Writ(s)/ Order(s)/Direction(s),
particularly a Writ in the nature of Mandamus, commanding
upon the Respondents to take necessary measures to ensure
inclusive and universal healthcare for all senior citizens above
the age of 60 (sixty) years under the Ayushman Bharat Pradhan
Mantri Jan Arogya Yojana (AB PM-JAY).
AND/OR
(v) For issuance of such other and further writ(s)/
order(s)/direction(s) as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case and in the
interest of justice, equity and public welfare."
3. From the averments in the petition and the reliefs sought, we are
of the opinion that the Yojana which extends health insurance
cover up to Rs.5.00 lakh per family to senior citizens aged about
70 years is a policy decision. There are no allegations in the
petition about any discrimination being practised in the
2026:JHHC:9126-DB
implementation of such policy decision. The petitioner only
contends that the benefit which is now extended to senior citizens
about 70 years should also be extended to persons about 60
years.
4. Since this is a purely policy decision, we are afraid, we cannot
issue such a mandamus to the respondents. Therefore, we
dispose of this petition by giving the petitioner liberty to represent
to the policy makers or the decision makers by providing statistics
and other materials.
5. The petition is disposed of with liberty in the above terms.
6. No costs.
(M. S. Sonak, C.J.)
(Rajesh Shankar, J.)
1st April, 2026
Sanjay/AKT
Uploaded on 02.04.2026
