Supreme Court Sets Aside HC Direction That UP Govt Officials Must Go To Only Govt Hospitals For Treatment

The Supreme Court on Tuesday (February 25) set aside the order passed by the Allahabad High Court that government officials must avail services from Government Hospitals in Uttar Pradesh. The High Court passed the direction in 2018 while issuing a slew of directives to improve the condition of hospitals in the State of Uttar Pradesh.The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar orally remarked that the directions have interfered with policy decisions and meddled with the choice of treatment a patient wishes to have. "How can the High Court direct the policy decisions - from where a person can get treatment or cannot get treatment? Obviously, the conditions of the Hospitals need to improve, there is no doubt about- if that was the intent, that was a noble, good intent. But beyond that. you cannot say that you must get the treatment only from A,B and C (hospitals)," CJI Khann asked.The CJI was referring to Direction No. 11 which states : (xi) It shall also be ensured that all Government Officials and others who receive salary or other financial gains from Government/Public exchequer, should avail Medical Care services from Hospitals run and maintained by Government and whenever any High level officials, political Executives or other dignitaries go for treatment, Medical Officer on duty, by roster, shall attend him and there shall be no special VIP treatment.If medical care is obtained in Private Hospital etc. Government must not reimburse the same. However, if there are some kinds of diseases or ailment, treatment /cure whereof is not available in Government Hospitals, and for that purpose, treatment in private becomes necessary, this condition may be relaxed but in such contingency, Government must ensure that for similar ailments and deceases if suffered by common poor people, arrangement should be made for their treatment also at Government expenses in such Private Medical Care Institutions.The bench was informed that previously, the directions in the impugned order with respect to the Private Hospitals were stayed by the Court.The High Court directions also pertained to clearances of roads by traffic police for ambulances and the formation of special committees involving common people to overlook the functioning of Medical Care Centres amongst other aspect. Notably, the bench of Justices SA Bobde and L Nageshwar Rao on May 14, 2018, had stayed Direction No.13 (d) to (h) and Direction No.14 dealing with traffic police to ensure clearance of passages and roads for efficient movement of ambulances and forming permanent Special Committees at District and Block levels having common people to monitor the functioning of Medical Care Centres of State. Direction No. 15 was modified to state it shall only be confined to the patients and only one attendant. The original direction required free food to patients and their attendants in all State-run Medical Care Centres.The CJI also verbally objected to the High Court's direction on filling medical staff vacancies in Government Hospitals. He also pointed out that the direction of not allowing financial reimbursement of private hospital bills for Government Officials and encouraging the public servants to avail treatments at government hospitals may lead to public sector services being arbitrarily diverted to government employees, overlooking the needs of underprivileged patients. "The government servants belonging over there, they would probably get preference over the normal citizens" The bench therefore proceeded to confirm the interim order or May 2018 and set aside the High Court directions to that extent. The writ petitioners were given liberty to move another petition specific to data and facts before the High Court. The relevant part of the order dictated reads : "We are of the view that the interim order of 14.5.2018 should be confirmed and accordingly to this extent, the directions given by the High Court in the impugned judgement shall be set aside.""It will be open to the writ petitioner to file a fresh writ petition, setting up facts and circumstances including data before the HC for appropriate steps for execution/ implementation of the decision. If any such writ petition is filed, the same shall be considered and examined." Before The High Court The Allahabad High Court was hearing a PIL under Article 226 on the issue of poor medical services in the State of U.P. Here the lead petitioner, a working woman labourer experienced high-handedness in her child delivery by the Government Hospital. She was then forced to switch multiple hospitals (public to private hospitals) due to her post-delivery complications such as continuous discharge of urine which caused her financial constraints. The bench issued a slew of directions, of the total 21 directions, the main ones are as follows : (i) Immediate steps shall be taken to fill in existing vacancies of Medical, Para Medical and other attending staff at various levels in all Hospitals maintained by...

Supreme Court Sets Aside HC Direction That UP Govt Officials Must Go To Only Govt Hospitals For Treatment

Anmol Kaur Bawa

The High Court also directed that Govt officials should not be given reimbursement for treatment availed from private hospitals.

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