Bombay HC Imposes Stay on Government’s Notification Fixing Rates for Non-COVID Patients in Private Hospitals

Must Read

US Court Orders Iran To Pay $1.4 BN in Damages To Missing Former FBI Agent’s Family

The United States District Court for the District of Columbia ordered Iran to pay in total $1.45 bn to...

Onus on Petitioner To Show Unassailable Facts: Delhi High Court

In the case of Rhythm Jain v National Testing Agency, the Delhi High Court mentioned that in such petitions the...

Under-Trial/Convicted Persons Do Not Have Absolute Right To Parole in Light of Coronavirus : Bombay High Court

An important judgment was given by the Division Bench of the Nagpur bench of Bombay High Court concerning the...

Madhya Pradesh High Court Asks State To File Reply To Examine Whether Privacy Rights of an Individual Can Be Violated by Issuing an Executive...

A Writ Petition was instituted by an individual for violation of his fundamental rights by the State before the...

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Follow us

A petition challenging Government Orders that regulated the prices for the treatment of patients in private hospitals was instituted in the Bombay HC’s Nagpur Bench. The Court imposed a stay on the aforesaid notification.

Background

The State Government issued notifications dated 30th April 2020 and 21st May 2020 to regulate the prices for the treatment of COVID & non-COVID patients in private hospitals. By order dated 4th June 2020, the Municipal Commissioner extended its operation up to 31st August 2020. By a subsequent notification dated 31st August 2020, the State Government extended the operation of the previous notifications up to 31st November 2020. On 15th September 2020, the Court had passed an order directing the State Government to explain its competence in fixing the rates for non-COVID patients in private hospitals failing which the Court would impose a stay on the aforesaid portion of the notification. The present hearing arises out of a pursis filed by the State along with a copy of the praecipe moved before the Chief Justice on 22nd September 2020.

State Government’s Submissions

The State Government submitted that the notification dated 31st August 2020 issued by the State Government had not been challenged in the present petition. It also urged that any separate order passed by the Municipal Commissioner in this regard has also not been challenged in the present petition.

Further, in the affidavit filed by the State, the circumstances under which such notification was issued have been explained which ought to be considered. The Additional Government Pleader requests the Court to schedule the next hearing for the matter on 29th September 2020 so the question related to competency can be argued.

Submissions by the Amicus Curiae

Shri Subodh Dharmadhikari – learned Senior Advocate acting as Amicus Curiae urged that if the notification dated 21st May 2020 has been extended by a subsequent notification then it would be a mere formality to place on record the subsequent notification. Therefore, the challenge in substance for the earlier notification would survive for consideration for the court.

Court’s Observations

The Court noted the propriety of taking up the matter when the Government Pleader had placed the praecipe filed before the Chief Justice before this Bench. However, in light of the order passed on 15th September 2020 where the Court assured the Petitioners interim relief if no response was received from the State, it is necessary to pass relevant interim orders.

Court’s Decision

Given the observations made above, the Court scheduled the next hearing for this matter on 29th September 2020 to enable the State Government to move the praecipe before the Hon’ble Chief Justice and argue the matter on merits. The Court directed the stay of operations on Clause (4) which fixed the price of non-COVID treatments in private hospitals in the notification dated 21st May 2020 issued by the State Government.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

US Court Orders Iran To Pay $1.4 BN in Damages To Missing Former FBI Agent’s Family

The United States District Court for the District of Columbia ordered Iran to pay in total $1.45 bn to the Levinson family in punitive...

Onus on Petitioner To Show Unassailable Facts: Delhi High Court

In the case of Rhythm Jain v National Testing Agency, the Delhi High Court mentioned that in such petitions the onus to prove the facts...

Under-Trial/Convicted Persons Do Not Have Absolute Right To Parole in Light of Coronavirus : Bombay High Court

An important judgment was given by the Division Bench of the Nagpur bench of Bombay High Court concerning the constitutionality of Rule 19 of...

Madhya Pradesh High Court Asks State To File Reply To Examine Whether Privacy Rights of an Individual Can Be Violated by Issuing an Executive...

A Writ Petition was instituted by an individual for violation of his fundamental rights by the State before the Madhya Pradesh High Court. The...

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by the Exporters Association before the...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

More Articles Like This

- Advertisement -