ORDER

1. LEAVE GRANTED.

2. HEARD COUNSEL FOR THE APPELLANT AS WELL AS THE COUNSEL FOR THE RESPONDENTS.

3. THE APPELLANT IS THE WIFE OF A DECEASED GOVERNMENT SERVANT WHO HAD UNDERGONE TREATMENT IN THE APOLLO HOSPITAL, NEW DELHI, WHICH WAS A PRIVATE HOSPITAL AND WHICH WAS NOT RECOGNISED/APPROVED AT THAT TIME. FOR THE TREATMENT IN THAT HOSPITAL THE APPELLANT INCURRED EXPENSES TO THE TUNE OF RS 6,01,166 AND THE APPELLANT, BY WAY OF AN APPLICATION PRAYED FOR REIMBURSEMENT OF THE MEDICAL EXPENSES INCURRED, BUT THE SAME WAS DECLINED BY THE STATE, ON THE GROUND THAT THE HOSPITAL WHEREIN THE APPELLANTS HUSBAND HAD UNDERGONE THE TREATMENT WAS NOT AN APPROVED HOSPITAL.

4. COUNSEL FOR THE APPELLANT SUBMITTED THAT IN SIMILAR CASE (ANNEXURE P-4) I.E. BY THE ORDER OF THE HIGH COURT OF PUNJAB AND HARYANA IN SANT PRAKASH V. STATE OF HARYANA1 WHEREIN IN AN EMERGENCY CASE THE PATIENT HAD TO BE IMMEDIATELY ADMITTED IN HOSPITAL, THE RELIEF HAS BEEN GRANTED. IN THE PRESENT CASE ALSO THE APPELLANTS HUSBAND HAD TO BE RUSHED TO THE PRIVATE HOSPITAL BECAUSE HE HAD DEVELOPED A PARALYTIC STROKE ON THE LEFT SIDE OF THE BODY, AS THERE WAS BLOOD CLOTTING ON THE RIGHT SIDE OF THE BRAIN AND THEREFORE, G WAS ADMIT