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SANJIV KHANNA, SANJAY KUMAR
Arvind Kumar Bhati – Appellant
Versus
State Of Uttar Pradesh – Respondent
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: -
The High Court exceeded its writ jurisdiction by issuing directions on policy matters related to hospital maintenance and traffic management for ambulances.
High Court should normally consider possibility of implementation of directions given by it and such directions which are incapable of being implemented should be avoided. Doctrine of impossibility w....
The main legal point established is that transfer orders can only be interfered with in limited conditions, and compliance with guidelines and directions given by the court in previous litigations is....
The duty of the State to improve public health and the interplay between fundamental rights and directive principles in ensuring affordable public health services.
State's obligation under Article 21 includes ensuring unhindered access to medical facilities as part of the right to life and health.
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