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 upon the respondent – Government of NCT of Delhi under the Constitution and then evaluate the grievance of the petitioner.

3. The order/circular in question has been issued by the Additional Medical Superintendent of the hospital and the same goes to show that a pilot project to decongest the hospital is being implemented w.e.f. 01.10.2018, the circular provides that all hospital services shall be provided to patients having Delhi Voter ID Card whereas others, i.e., non-Delhi residents shall be provided with certain limited facilities only. Thereafter, the standard operating procedure of the pilot project has been categorised into five categories, namely, (a) OPD; (b) Pharmacy and Investigations; (c) Indoor Services; (d) Categories of Patients excluded from the Pilot Project; and (e) Protection of appointment for treatment/investigations and surgeries granted prior to 01.10.2018. For the purpose of evaluating the grievance of the petitioner, it is necessary to take note of the operating procedure contemplated under Clause (a) to (d) which reads as under:

“A. OPD:

(i) Patients not having Voter I.D. Card shall be considered as Non-Delhi Patients.

(ii) For Delhi Patients, who are below the age of 18 years of age, Voter I.D. Card of either parent shall be accepted.

(iii) Four OPD registration counters (Two counters for males – counter No.15 & 16 and two counters for females – counter no.17&18) shall be earmarked for patients not having valid Voter I.D. Card of Delhi. Senior Citizens patients and physically challenged patients shall get OPD registration in the existing counters for this purpose. Existing Registration counters in DEM Block & Obs & Gynae OPD shall continue to cater to all patients irrespective their place of residence.

(iv) Light blue colour OPD Card shall be issued for easy identification of patients from outside Delhi.

(v) After OPD Registration, consultation shall be provided to all registered patients at par.

(vi) After discharge of emergency patients, for follow up treatment, the non-resident Delhi patients shall be treated in OPD as per OPD protocol of Pilot Project.

B. Pharmacy and Investigations:

(i) Patients bearing light blue colour OPD Card (Outside Delhi) shall not be dispensed any medicine from Pharmacy counters.

(ii) Patients having light blue colour OPD card shall not be provided the facility of any investigations (Laboratory/Radiology) from hospital.

C. Indoor Services:

(i) 20% of beds earmarked for patients who are non-residents of Delhi. If these 20% beds get filled by Emergency Admissions, no further admission of non-Delhi residents shall be done from OPD.

(ii) All Patients admitted through emergency shall be treated at par in terms of investigations and treatment facilities.

D. Following category of patients are excluded from the above