WPPIL/20/2022
2022 Latest Caselaw 655 UK

      IN THE HIGH COURT OF UTTARAKHAND
                             AT NAINITAL
                    SHRI JUSTICE S.K. MISHRA, A.C.J.


                                      AND


                        SRI JUSTICE R.C. KHULBE, J.

WRIT PETITION (PIL) NO. 20 OF 2022

9TH MARCH, 2022 Between:

Satyaveer Singh Chauhan ..Petitioner.

and

State of Uttarakhand and others. ...Respondents

Counsel for the petitioner: Mr. Abhijay Negi, learned counsel.

    Counsel for the respondents: Mr.    S.S.   Chauhan,
                                 learned         Deputy
                                 Advocate General for
                                 the       State      of
                                 Uttarakhand.
                                 Mr. Sanjay Bhatt and
                                 Mr.    Shrey    Pathak,
                                 learned counsel for the
                                 private respondents.

Upon hearing the learned counsel, the Court made the following:

JUDGMENT : (per Sri Justice S.K. Mishra, A.C.J.)

The prayer of the petitioner is to issue a

writ of mandamus directing the State Government

(respondent No. 1) to ensure and to take steps to

provide affordable specialized medical treatment in

government hospitals through available government

schemes to all segments of society in need of the

same.

2. The grievance of the petitioner in the PIL is

that Pt. Deendayal Upadhyaya Government Coronation

Hospital had the facilities of giving free of cost

treatment to cardiac patients, who used to visit the

hospital and were having the cards of cashless

schemes, such as Pradhan Mantri Jan Arogya Yojna

and Atal Ayushman Yojna, and the State of

Uttarakhand has leased out it in favour of Fortis

Hospital. The Fortis Hospital was running and was

providing free medical services and treatments to all

sections of society, who used to approach it and who

were suffering from cardiac problem, and were having

the aforesaid cards, and the cost was being defrayed

by the State of Uttarakhand. However, the contract

between the State of Uttarakhand and the Fortis

Hospital came to its logical conclusion on 07.03.2022.

3. The grievance of the petitioner was that

there was no order for providing medical services to

eligible cardiac patients free-of-cost, and that is why

people were running from pillar to post against

approaching private hospitals.

4. On 07.03.2022, we directed the learned

Deputy Advocate General for the State of Uttarakhand

to take instructions in the matter, and apprise the

Court if at all there is disruption in the specialized

medial services for heart / cardiac patients in Pt.

Deendayal Upadhyaya Government Coronation

Hospital. In response to the same, Mr. S.S. Chauhan,

the learned Deputy Advocate General for the State of

Uttarakhand, on instructions, submits that there are

six other government as well as non-government

hospitals at Dehradun providing specialized medical

services for heart / cardiac patients. In the meantime

also, they have already selected respondent No. 3-

Meditrina Hospital to take care of cardiac treatments

and medical services at Pt. Deendayal Upadhyaya

Government Coronation Hospital, but because of

certain complaints against respondent No. 3-Meditrina

Hospital, they had sought clarification from Haryana

and Jharkhand, which they have already received and

they have not raised any objection against respondent

No. 3-Meditrina Hospital and given it a clean chit, but

because of the Model Code of Conduct imposed by the

Chief Election Commissioner, the work order could not

be passed. It is submitted by the learned Deputy

Advocate General for the State of Uttarakhand that the

work order would be passed immediately after the

lifting of the Model Code of Conduct. It is further

submitted by the learned Deputy Advocate General

that in the meantime, the cardiac patients who were

vising Pt. Deendayal Upadhyaya Government

Coronation Hospital, were being provided the medical

facilities. Therefore, in substance, there is no

disruption in service.

5. We hope and trust that the State of

Uttarakhand shall take appropriate steps to provide

free-of-cost medical facilities to all the patients

needing treatments at this juncture, and who were

having the cards of cashless medical treatment

schemes mentioned above.

6. With the above observation, the writ

petition is disposed of.

7. No order as to costs.

8. In sequel thereto, pending application, if

any, also stands disposed of.

9. Urgent copy of the order be issued to the

parties as per rules.

____________

(S.K. MISHRA), A.C.J.

____________ R.C. KHULBE, J.

Dt: 09.03.2022 Rathour