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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Parsh Ram – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. The jurisdiction of this Court under Articles 226/227 of the Constitution of India has been invoked for issuance of a writ in the nature of Certiorari to quash the impugned orders dated 20.01.2020 and 17.11.2017 (Annexures P-5 & P-6 respectively) passed by respondent No.4 whereby his claim for medical reimbursement of an amount of Rs.1,58,725/- incurred on dialysis treatment of his son was rejected with a further prayer for issuance of a writ in the nature of Mandamus directing the respondents to release an amount of Rs.1,58,725/- on account of medical bills along-with interest @12% per annum.
Brief Facts
2. As borne out from the record, the son of the petitioner was suffering from End Stage Renal Disease, requiring regular dialysis, which is a life-saving treatment. The treatment was taken from a private dialysis centre due to non- availability of facilities at PGIMER, Chandigarh, and the emergent nature of the disease. The petitioner submitted medical bills to the department, but the same were rejected primarily on the ground that the hospital was not on the approved panel and the treatment was not certified as “emergency” by the Civil Surgeon.
The right to medical aid is fundamental under Article 21, and reimbursement for treatment at private hospitals during emergencies cannot be denied, upholding the principles of fairness and timely adm....
The principles of administrative fairness mandate that decisions impacting individuals' rights must be reasoned, and arbitrary rejections are unsustainable under the law.
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