Discrimination in healthcare services based on residency violates the constitutional rights under Articles 14 and 21, affirming equal access for all citizens to public health facilities.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. This is a petition filed by the Petitioner - Mr. Gulam Mahabub seeking the following prayers:

i) issue any appropriate writ, order or direction, directing the respondent Lok Nayak Hospital to forthwith provide MRI (L) Knee test and further treatment to petitioner, namely, Mr. Gulam Mahabub without any discrimination;

ii) issue any appropriate writ, order or direction, directing the respondents to stop discriminating in providing treatment to patients who are possessing Voter ID Card of Delhi and patients who are outsider (not possessing Voter ID Card of Delhi);

iii) pass any other order or direction or such further orders as may be deemed just and appropriate, in the facts and circumstances of the case and also in the interest of justice, in favour of the petitioner; and

iv) allow the present writ petition with costs, in favour of the petitioner.

3. The Petitioner is a resident of Bihar. He was suffering from pain in his left knee due to which he got registered vide OPD Reg. No. 114982201 with the Respondent No.3 - Lok Nayak Hospital in September, 2022. He was attended by a doctor in the OPD of the Ortho Clinic department of the Respondent No.3 and his X-Ray was taken. In November and December, 2022, the Petitioner once again went to the said OPD, where he was advised to get an MRI (L) knee test.

4. The case of the Petitioner at this stage is that the doctor attending him informed him that the free of cost MRI test facility at the Respondent No. 3 hospital is available only to residents of Delhi who possess a voter ID card. When the Petitioner wanted to avail of the MRI (L) knee test, he was given a date of 15th July, 2024. Hence, the present writ petition.

5. Upon advance copy being served, Mr. Satyakam, ld. ASC has appeared for the Respondents. He has placed on record an email dated 20th December, 2022 which was received from the Respondent No.3 - Lok Nayak hospital. The said email reads as under:

"Sir,

This is with reference to a case filed by Mr. Gulam Mahboob regarding MRI date, it is to inform that the hospital telephonically informed on 17/12/2022 to Mr. Utkarsh counsel for Mr. Gulam Mahboob that the hospital is ready to conduct MRI of Mr. Gulam Mahboob immediately and advised the patient to report to Radiology department on any working day in the morning. It is pertinent to mention that the patient has not reported so far to the Hospital for MRI. This is for your kind information. With regards"

6. In view of the above, it is submitted by the Mr. Satyakam, ld. ASC that the writ petition stands satisfied.

7. Mr. Agarwal, ld. Counsel for the Petitioner, submits that in the hospitals run by the Respondent No. 2 - GNCTD in Delhi, patients who are residents of Delhi are given preference and non-resident patients are given CT Scan and MRI test dates in 2024. He has handed over the case of another patient hailing from UP who has received a date of 2024 for a CT Scan. He places reliance on the judgment passed by the division bench of this Court in W.P. (C) 10585/2018 titled Social Jurist vs. Government of NCT of Delhi.

8. Heard. The grievance of the Petitioner is that though he is a resident of Bihar, he cannot be discriminated against in the Delhi based Lok Nayak hospital which is a government hospital, when it comes to healthcare. A perusal of the judgment in Social Jurist (supra) passed by the Division Bench of this Court on 12th October, 2018 makes it clear that insofar as the health/medical treatment is concerned, it has to be provided to all citizens without any discrimination being made, on the basis of their place of residence. The