Justice Bechu Kurian Thomas delivered the judgment while disposing of a writ petition filed by a retired Indian Air Force veteran, who sought a direction to the Health Department and doctors at General Hospital, Ernakulam, to conduct a proper medical examination and order diagnostic tests, including CT and MRI scans, for persistent head pain and abnormal sensations.

The petitioner claimed that despite visiting the General Hospital on June 4, 2026, doctors failed to properly examine him or recommend the diagnostic tests he believed were necessary for identifying his condition. He alleged that the hospital neither diagnosed his illness nor provided reasons for declining the requested scans.

The State submitted that apart from the outpatient ticket produced by the petitioner, there was no material to establish that he had actually consulted a doctor. It was further argued that diagnostic tests are ordinarily prescribed only after a clinical examination and a provisional diagnosis by a medical professional.

The Court noted that the petitioner had failed to produce any evidence showing that he had consulted a doctor or identified the doctor who allegedly refused treatment. In the absence of such material, the Court held that no justiciable cause had been made out.

The Court further observed that decisions regarding whether a CT scan, MRI, or any other investigation is required fall exclusively within the diagnostic discretion of the treating doctor.

"A patient has to go by the advice of the doctor and not the doctor to abide by the 'directions' of the patient. Whether any particular type of scan is required or not is a matter within the diagnostic prerogative of a doctor. A patient cannot dictate to the doctor that a particular scan ought to be prescribed." the Court remarked.

While finding no merit in the writ petition, the Court noted the Government's submission that doctors at the General Hospital were willing to examine and treat the petitioner whenever he approached the hospital. Recording this, the Court permitted the petitioner to seek medical evaluation at the General Hospital or any other appropriate hospital for proper diagnosis and closed the writ petition.

Case Title: Arun P.K v State of Kerala and Ors.

Case No: WP(C) 22119/ 2026

Citation: 2026 LiveLaw (Ker) 388

Counsel for Petitioner: Swetha P. Dileep, Johnson M.M

Counsel for Respondents: Anirudh Kadavil (GP)