Two pleas filed in HC challenging Delhi govt's decision to reserve hospital beds for Delhi residents
Jun 08, 2020
New Delhi [India], June 8 : Two separate petitions were filed in Delhi High Court on Monday challenging AAP-led Delhi government's decision to reserve beds in Delhi government-run and private hospitals exclusively for the residents of the national capital.
Both petitions have challenged the Delhi government's order dated June 7, 2020, issued through its Health and Family Welfare Department, directing all the hospitals operating under the Government of Delhi and all the private hospitals and nursing home to ensure that only bonafide residents of Delhi are admitted for treatment at these medical facilities.
One of the petitions, filed by advocates Abhay Gupta and Prashant Arora, claimed that the impugned order is in strict and direct violation of the basic fundamental right to health of the public at large including but not limited to Article 14 and 21.
The petition is likely to be heard on Tuesday.
"The Act of the respondent to classify patients as resident and non-resident of Delhi is discriminatory and against the constitutional duties imposed upon the respondent. Right to Health, needless to say, is a fundamental right and can be abridged only in a manner known to the law, or otherwise, they are sacrosanct and sacred, and the Respondent cannot deprive the citizens their Fundamental Right," the petition filed by Gupta said.
The second petition filed by advocate Gautam Kumar and law student Gaurav Sarkar through their lawyers Shashwat Anand and Syed Sarfaraz Karim is likely to be heard on June 10.
Gautam Kumar is a permanent resident of Bihar residing in Delhi since 2015, whereas Gaurav Sarkar is a permanent resident of Uttar Pradesh and is a student of law at Delhi University, resident in Delhi since 2017.
The petition said that they may face hardship and challenges due to the arbitrary order issued by the Delhi government. It said that both of them are adversely affected by the arbitrary order.
"That the order dated June 7 is violative of Article 14 & 15 of the constitution of India as the same treats a person residing in the NCT of Delhi and not having the valid proof of residence as per the exhaustive list mentioned therein the aforesaid notification unequally with the other persons," the plea said.
"The petitioner is under the justifiable apprehension that the treatment meted out to the individuals not falling under the category mentioned therein the aforesaid notification will be prejudicial, biased, unfair, unjust and highly discriminatory," it added.
The petitioners requested the high court to declare the notification as null and void and direct the government to fulfill their constitutional obligations and the directive policies and put in place ample and efficient health infrastructure.
