Mohammad Jaki v. Govt. of NCT of Delhi & Anr.

Delhi High Court · 30 Oct 2017 · 2017:DHC:8698
Vibhubakru
W.P.(C) 9589/2017
2017:DHC:8698
constitutional petition_allowed Significant

AI Summary

The Delhi High Court held that urgent medical treatment cannot be denied for non-payment and directed immediate admission and treatment of the petitioner’s daughter without pre-deposit, with financial recovery to be pursued later.

Full Text
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HIGH COURT OF DELHI
W.P.(C) 9589/2017
MRMOHAMMAD JAKI Petitioner
ThroughMr Ashok Kumar, Advocate.
VERSUS
GOVT. OF NCT OF DELHI & ANR. Respondents TliroughMr SantoshKr Tripathi, ASC, GNCTD.
CORAM:
HON'BLE MR. JUSTICE VIBHUBAKHRU
' 30.10.2017
ORDER

1. Issue notice. The learned counsel for respondent no. 1 accepts notice.

2. The'petitioner has filed the present petition, inter alia, praying that direction be issued to respondent no.2 to provide medical treatment to his daughter - Miss Jasmeen - without insisting onpayment.

3. The petitioner states that he belongs to the Economically Weaker Section and is unable to bear the expenses of the treatment required to be provided to his daughter. It is averred in the petition that the petitioners daughter is currently admitted inLok Nayak Hospital but is required to be treated by respondent no.2 (GBP Hospital).It is stated that GBP Hospital is not admitting the petitioner's daughter and the doctors at GBP Hospital have calledupon the petitioner to deposit a sum of ?50,000/-, whichhe is unable to afford.It is Rirther stated inthe petition that the petitioner's daughter is in urgent need of a surgical operation for her survival.

4. In vie^ of the averments made in the petition, respondent no.2 is \ 2017:DHC:8698 directed to immediately admit the petitioner's daughter and provide her the necessarytreatmentwithoutinsisting on pre-depositofanyfunds.

5. In the meanwhile,the respondent no.l shall also examine whether the petitioner/liis daughter is entitled to such treatment free of costs. In the event,the enquiry reveals thatthe petitioner is not entitled to free treatment, the respondents can always initiate necessary steps to recover the sum. However,itis clarified that admittingthe petitioner's daughter and providing herthe necessarytreatmentshall not be withheld pending such enquiry. H 6. The petition is disposed ofwith the aforesaid directions. C 7. Order dasti underthe signature ofCourtMaster. 'X VIBHUBAKHRU,J OCTOBER30,2017 pkv