A Division Bench of the Gauhati High Court, comprising Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak directed the State Government to reconsider the rates fixed by them for private hospitals as prima facie it appeared to be slightly high. (Advocates Association for Indigenous Rights of Assamese v. The State & Ors.)
The Bench held that,
“since prima facie, it appears to be slightly on the higher side, we can only direct the State Government that it may reconsider these prices, including the rate of the single cabin, after hearing all the stakeholders.”
Background of the Case
A Plea was filed in the High Court regarding the exorbitant charges which were incurred by the Private Hospitals in the Covid pandemic. The Petitioner demanded State intervention and fixed the threshold of the charges so that it would be incurred by all and would provide uniformity in charges.
The State regulated the charges which, to the petitioner seemed high. Aggrieved by which the Petitioner again filed a petition before the High Court to reconsider the Charges fixed by the Government.
Reasoning and Decision of the Court
The Court looked into the rates which were fixed by the Government. The rates are as follows:
| Particulars | General Ward (Per day) (Rs.) |
Share cabin (Per day) (Rs.) |
ICU without ventilator (Per day) (Rs.) |
ICU with ventilator (Per day) (Rs.) |
| ICU with ventilator (Per day) (Rs.) |
5,000 | 6,500 | 10,000 | 15,000 |
| Other than Super specialty Hospitals |
4,000 | 5,000 | 9,000 | 12,000 |
The Court considered all the circumstances and held that,
“since all the details are not available to us, we are not in a position to give any specific directions. However, since prima facie, it appears to be slightly on the higher side, we can only direct the State Government that it may reconsider these prices, including the rate of the single cabin, after hearing all the stakeholders.”
The Court listed the matter on 15.07.2021 for the next hearing
Case Details
Case: - Case No. : PIL/31/2021
Petitioner: - Advocates Association for Indigenous Rights of Assamese
Respondent: - The State & Ors.
Counsel for Petitioner: - MR K K MAHANTA
Counsel for Respondent: - SC, REVENUE
Judge: Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak
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