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2015 Supreme(Del) 939

VIBHU BAKHRU
Delhi Voluntary Hospital Forum – Appellant
Versus
Ministry of Health & Family Welfare – Respondent


Advocate Appeared:
For the Petitioners:Mamta Tiwari, Petal Chandhiok, Advocates.
For the Respondents:R1, R2 & R3, Saqib, Shipra Shukhla, Rajesh Gogna, Arnab Naskar, Advocates.

Judgment

1. The present petitions have been filed impugning the Office Memorandum dated 07.02.2013 (hereinafter ‘impugned OM’) whereby the rates for treatment were reduced from Rs. 97,750/- to Rs. 50,000 in case of Coronary Angioplasty and from Rs. 97,750/- to Rs. 55,000 in case of Coronary Angioplasty with Balloon.

2. Briefly stated, the facts relevant to consider the controversy in the present petitions are as under:-

2.1 On 05.09.2009, the Government of India floated a tender for empanelment of private hospitals, eye care centres, dental clinics and imaging centres under the Central Government Health Scheme (hereafter CGHS) and issued an E-tender Document for inviting bids (hereafter the ‘Tender Document’). In pursuance to the Tender Document, various hospitals including the petitioner hospitals submitted their technical and commercial bids. In September 2010, the Government of India (Directorate of Health Services) declared a treatment wise list of rates (CGHS approved rates) which were arrived at on the basis of the lowest rates submitted by various hospitals in their respective bids. The said rates list indicated Rs. 97,750/- as the rate for treatment of Coronary Angioplasty and






















































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