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2018 Supreme(Del) 2231

RAJENDRA MENON, V.KAMESWAR RAO
Social Jurist, A Civil Rights Group – Appellant
Versus
Government of NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr.Ashok Agarwal with Mr.Kumar Utkarsh, Advs.
For the Respondent: Mr.Rahul Mehra, Senior Standing Counsel, Mr.Ramesh Singh, SC, Mr.Gautam Narayan, ASC with Mr.Chaitanya Gosain, Ms.Mahamaya Chatterjee, Ms. Shivani, Mr. C. Jain and Ms. Nikita Goyal, Advs., Mr. Ripu Daman Bhardwaj, CGSC, Mr. Parvinder Chauhan, Adv.

JUDGMENT :

RAJENDRA MENON, J.

1. Petitioner, claiming to be a public spirited organization, has filed this writ petition seeking quashing of an order dated 01.10.2018 issued by the Medical Director, Guru Teg Bahadur Hospital, Government of NCT of Delhi whereby patients who do not hold a valid Voter ID Card of Delhi are being categorised as non-Delhi patients, and thereby denied certain facilities for treatment in a Government hospital, namely, Guru Teg Bahadur Hospital, Dilshad Garden, Delhi. It is the case of the petitioners that excluding non-Delhi patients from availing the benefit of free treatment or certain medical facilities in the hospital in question by the aforesaid circular is an act violative of the fundamental rights of a citizen, infringes the right available to a citizen under Article 21 of the Constitution of India and it should be declared as ultra vires and quashed.

2. Before proceeding to examine the legality, validity or constitutionality of the aforesaid circular, it would be appropriate to take note of the circular, its contents and the curtailment of facilities as alleged in the writ petition, analyse the constitutional provision applicable, the duties imposed u



























































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