The Delhi High Court on Friday quashed the circular saying that it led to the creation of a "class within a class" of identically placed citizens, which was "impermissible".
The AAP-led Delhi government is set to challenge the high court's order that quashed its circular on patient treatment at GTB Hospital. The circular by the state had mandated preferential treatment to city residents over non-residents at the hospital.
The Delhi High Court on Friday quashed the circular saying that it led to the creation of a "class within a class" of identically placed citizens, which was "impermissible".
The proposal to give preference to the residents of Delhi at the hospital in east Delhi's Dilshad Garden was approved in August by Chief Minister Arvind Kejriwal.
A bench of Chief Justice Rajendra Menon and Justice VK Rao had earlier reserved its verdict on the PIL filed by NGO Social Jurist, challenging the Delhi government's pilot project.
"We will appeal in the apex court and put up our case there," said Delhi health minister, Satyendar Jain. Under the pilot project implemented at the Guru Teg Bahadur (GTB) Hospital earlier this month, Delhi residents get preference at registration counters, in-patient department, tests, and medicine counter service. Patient identification is done on the basis of voter identity card.
"Three years ago, we had made disbursing of essential medicines free, following which the crowd at the hospital increased. Earlier, 5,000-5,500 people per day visited the hospital, which rose to 9,000-10,000," Jain said.
Jain said the move to give preference to Delhiites was mooted because many residents had "complained" that though the facility had been announced, they couldn't avail it due to a huge crowd.
"One bed was being shared by two persons, which, we thought, was unfair. Also, consultancy and OPD facilities are free for all, and only medical facilities would be for the people of Delhi. Besides, emergency facilities are free and it is only for planned treatment that we have reserved 80 per cent for Delhiites and rest for others," he said.
The bench had earlier said it had noted the government's "difficulties" related to infrastructure, staff, and facilities. It added that it would consider if these were valid grounds to deny others their rights under Article 14 and 21 of the Constitution.
The NGO, in its plea, had said the hospital could not discriminate against patients based on their regional identity while adding that such discrimination was not seen anywhere else in the country.
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