SC refuses to quash order against preference for Delhiites

Supreme Court on Monday refused to stay a Delhi high court order quashing an AAP government circular giving preferential treatment to the residents of the national Capital at a city hospital.

A bench of justices M B Lokur and Deepak Gupta posted the matter for further hearing after three weeks after the counsel for the Delhi government sought some time.

The government counsel also sought a stay on the Delhi high court’s October 12 verdict till the appeal was disposed off.

“What stay? People are suffering from various illnesses,” the bench said.

On October 12, the Delhi HC had quashed a circular of the Aam Aadmi Party (AAP) government giving preferential treatment to the city residents at the Guru Teg Bahadur (GTB) Hospital as a pilot project, saying it had led to the creation of a “class within a class” of identically placed citizens, which was “impermissible”.

It had also rejected the Delhi government’s defence that the decision was taken due to lack of facilities, saying the State “cannot avoid or shirk away” from its constitutional obligations on account of financial constraints or lack of infrastructure and manpower.

The high court had said the “State is obliged and mandated to provide all such facilities as are to be provided to a citizen, particularly, the requirement envisaged under Article 21 of the Constitution.”