Delhi’s hospital quota for residents scrapped
RESPONDING TO A PLEA, A HIGH COURT BENCH SAID THE DELHI GOVT NOTIFICATION SOUGHT TO CREATE WHAT IT DESCRIBED AS A CLASS WITHIN A CLASS
NEW DELHI: The Delhi high court on Friday quashed a directive by the Aam Aadmi Party (AAP) government reserving 80% of beds in Guru Tegh Bahadur Hospital for residents of the national capital, stating that the notification was impermissible under the constitution and “suffers from various vices”.
A bench comprising chief justice Rajendra Menon and justice V Kameswar said the notification sought to create what it described as a class within a class.
“…we have no hesitation in holding that the impugned circular suffers from various vices which are not permissible under the Constitution; the circular classifies identically situated persons differently for the pur- pose of granting them medical facility without any rational basis ...we cannot uphold such a classification,” the bench said.
The court directed the state government to provide medical facilities at the hospital to all citizens as was being done before the enforcement of the notification.
The court’s ruling came on plea by a non-government organisation (NGO), Social Jurist, that challenged the directive reserving facilities for the resi- dents of Delhi on a pilot basis.
The plea ,filed through advocate Ashok Agarwal, said the notification deprived non-delhi residents of treatment at the hospital.
GTB Hospital, established in 1987 as a 350-bed facility that has since expanded to 1,700 beds, is the only Delhi government tertiary care hospital in East Delhi, catering to the local population as well as patients from adjacent states, according to its website. The hospital provides round-theclock emergency services.
The order reserving 80% of beds in the facility for local residents took effect in October this year.
Reacting to the court ruling, state health minister Satyendar Jain said the Delhi government would challenge the HC’S judgment in the Supreme Court.