The bench reserved its verdict on a PIL by NGO Social Jurist
The Delhi government Monday informed the Delhi High Court that their decision to give preferential treatment to city residents at Guru Teg Bahadur (GTB) Hospital was taken on the ground that the huge influx of patients was putting strain on its infrastructure and staff, and also leading to manhandling of doctors by patients or their attendants.
A bench of Chief Justice Rajendra Menon and Justice V K Rao was also informed by Delhi government’s senior standing counsel, Rahul Mehra, that no individual has filed a complaint against its October 1 circular initiating the pilot project at GTB Hospital.
Mehra also submitted that no one was being denied treatment, access to tests or OPD facilities, and the hospital was only prioritising whom to treat first. He said Delhi government-run hospitals have to prioritise in this manner, as it does not have much funds like the central government.
He said that it was an innovative idea by the Delhi government, and it should not be struck down on the basis of a PIL which does not list even one complaint.
To this, the bench said it will examine whether the Delhi government’s pilot project was violating the rights to equality and life enjoyed by others under the Constitution.
The bench observed that it has noted the Delhi government’s “difficulties” related to infrastructure, staff and facilities, and will consider if these are valid grounds to deny others their rights under Articles 14 and 21 of the Constitution.
But the bench asked, “Who is responsible for this? The courts? Or is it mismanagement? If you cannot manage then stop the facilities.” The bench orally said that the Delhi government ought to have evaluated the shortcomings and taken steps to rectify them, instead of taking away the rights of others by changing the manner in which they are provided treatment. “We will consider it in light of Article 14 (right to equality) and Article 21 (right to life and liberty) of the Constitution and pass orders,” the court said, and reserved its judgment.