Progressive State Like Andhra Pradesh Can't Provide Bone-Marrow Transplant? High Court Flags Lack Of Govt Hospital Facilities

A Division Bench comprising Chief Justice Dhiraj Singh Thakur and Justice Challa Gunaranjan was dealing with a Public Interest Litigation filed by one Guntha Venkata Sai Kumar, highlighting the alarming absence of BMT facilities in Government-hospitals and medical colleges, despite a large number of private hospitals providing the same at restrictively expensive amounts, which, in many instances, are unaffordable to patients. The PIL went on to state that a significant number of patients had lost their lives on account of financial incapacity to afford the treatment.

In this backdrop, the Division Bench observed,

“The issue that has been highlighted in the present Public Interest Litigation is quite important and relevant and that is to the extent that there is no provision for conducting a Bone Marrow Transplantation (BMT), which is highly expensive procedure and is to be undertaken over a period of time, in any of the hospitals/medical colleges run in the Government Sector.”

Essentially, the PIL stated that BMT was introduced under the erstwhile Dr.Y.S.R. Aarogyasri Scheme [now Dr. N.T.R. Vaidya Sev] by the State Government in 2020, and the amount which was payable for such a treatment requiring Bone Marrow Transplant was capped at Rs.11,00,000/- for patients above the age of 14 years and Rs.10,00,000/- for patients below 14 years.

The PIL also drew the Court's attention to the fact that a number of neighbouring states had established Government-run BMT Units and were providing such services almost free of cost.

“In our opinion, if the other states in the country could provide for such a treatment, we have no reason to believe that a progressive State like Andhra Pradesh does not have such a capacity or have not conceived a programme whereby such a treatment could be made available in Government run hospitals or the medical colleges.”, the Court remarked.

While the State informed the Court that the Government was contemplating introduction of a specialised treatment in Government hospitals, the Court nonetheless directed the State to file an affidavit regarding the issues involved in the petition, and also with respect to the timelines within which the BMT procedures could be successfully undertaken with trained faculty. The Court further suggested that in the meantime, Government may consider increasing the upper limit for financial reimbursement to the patients affected with the disease requiring such a treatment.

Case Number: WP(PIL) NO: 12 of 2026

Case Title: Guntha Venkata Sai Kumar Vs. The State of Andhra Pradesh and others

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