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2025 Supreme(SC) 418
SUPREME COURT OF INDIA
SANJIV KHANNA, CJI., SANJAY KUMAR, J.
Arvind Kumar Bhati – Appellant
Versus
State Of Uttar Pradesh & Ors. – Respondents
Civil Appeal No. 3234 of 2025 (Arising out of SLP(C) No. 2972 of 2019) with Civil Appeal No. ………. Of 2025 (arising out of SLP(C) No. 9299 Of 2018)
Decided On : 25-02-2025
For the Petitioner(s): Mr. K.K. Tyagi, Adv. Mr. Iftekhar Ahmad, Adv. Ms. Garima Tyagi, Adv. Mr. Sarvam Ritam Khare, AOR Mr. Ankur Prakash, AOR
For the Respondent(s): Mr. Ali Qambar Zaidi, Adv. Mr. Satya Mitra, AOR Mr. Amrish Kumar, AOR Ms. Aishwarya Bhati, ASG (N/P) Mr. Padmesh Mishra, Adv. Mr. Arkaj Kumar, Adv. Mr. Digvijay Dam, Adv. Mr. Yuvraj Sharma, Adv. Mr. Sudarshan Lamba, Adv./AOR
The High Court exceeded its writ jurisdiction by issuing directions on policy matters related to hospital maintenance and traffic management for ambulances.
Headnote:(A) Constitution of India - Article 226 - Public Interest Litigation - Directions issued by High Court regarding maintenance of hospitals and traffic management for ambulances deemed beyond writ powers - Court emphasizes that certain directions pertain to policy matters and day-to-day administration. (Paras 3, 4, 7)
(B) Writ Jurisdiction - High Court's powers are limited to ensuring legality and not to interfere in policy decisions - Directions regarding traffic management and hospital administration are not within the scope of judicial review. (Paras 3, 4)
Facts of the case:
The case involves a Public Interest Litigation filed against the State of Uttar Pradesh concerning hospital maintenance and traffic management for ambulances, with the High Court issuing several directions that were contested for exceeding judicial powers.
Findings of Court:
The interim order from this Court is confirmed, and the High Court's directions are modified or set aside as necessary.
Issues: The main issues addressed include the extent of the High Court's writ powers and the appropriateness of the directions issued regarding policy matters.
Ratio Decidendi: The court ruled that the High Court overstepped its jurisdiction by issuing directions that pertain to policy matters and day-to-day administration, which are not suitable for judicial intervention.
Result: Appeals disposed of.
ORDER :
1. Leave granted.
2. The impugned judgment dated 09.03.2018 decided Public Interest Litigation (PIL) No. 14588/2009 filed by Snehalata Singh @ Salenta and others against the State of Uttar Pradesh and others, whereby several directions were issued to the State Government, through the Chief Secretary, on maintenance of hospitals by the State of Uttar Pradesh, including hospitals in medical colleges and Universities.
3. While we understand the importance of the issue involved and that the High Court can always interfere when the facts and circumstances so warrant, we are clearly of the view that certain directions that were given did not fall within the four corners of the writ powers exercised by the High Court, for several reasons, including the reason that they were purely policy matters or dealt with day-to-day administration.
4. This Court, while issuing notice in Civil Appeal @ SLP(C) No. 9299/2018 vide order dated 14.05.2018, had stayed clauses (d) to (h) of Direction No. (xiii) and Direction No. (xiv) in paragraph 146 of the impugned judgment, which read thus: -
“(xiii) In the matter of appropriate treatment at Trauma Centres, State Government shall ensure transportation of patients to Trauma Centres. One of important step which needs immediate care is that unobstructed smooth passage be made available to ambulances carrying such patients. This aspect needs effective Traffic Management on roads and other requisite preparation. On this aspect we issue specifically following directions to Principal Secretary Home; Transportation as also Director General of Police, U.P.:
(a) to (c) xxx xxx xxx
(d) After carrying on above Awareness Programme for two months, entire Traffic Police Force including other Police Personnel shall ensure clear passage, proper parking of vehicles, non-encroachment of roads etc. and any person violating the same should be fined heavily.
(d) Local Traffic Police people, if any congestion is caused, should be held personally responsible and appropriate strict action be taken against them.
(e) Any damage suffered by injured/serious patients due to obstruction in smooth passage for ambulances etc. must be held a criminal liability, besides civil, of the person(s) creating such obstruction as also the persons responsible for management of traffic including traffic Police Personnel.
(f) In residential areas where people park their vehicles outside their residences or in commercial areas where also people park vehicle on roads etc. due to non-availability of parking space in their residences or commercial places, responsibility shall be fixed upon the residents and persons running commercial activities without providing parking space, by imposing heavy penalty etc.
(g) Immediate requisite provisions be made prohibiting registration of Auto vehicles unless purchaser has sufficient parking place at their private places. In other words, Government should make provision restricting purchase of new vehicles and registration thereof unless person(s) purchasing vehicle have parking place at their residences.
(h) State Government shall also take immediate steps for providing dedicated corridors for movement of vehicles of essential service as an honour of fundamental right to patients and injured people to get quickest medical services and travel on road without any obstructions and also to ensure other essential services to be carried out without obstruction. In other words, a dedicated corridor shall be prepared for movement of ambulances carrying patients which is also a part of Trauma Care Facility and even otherwise, quick movement of ambulances for timely availability of medical services is fundamental right of patients and healthy people traveling on road are also under an obligation not to create any obstruction in life saving vehicles, like ambulances and a clear passage has to be maintained at any cost.
(xiv) Special Committees at District and Block levels be constituted on permanent basis which may have parti
