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2024 Supreme(Online)(DEL) 13054
HIGH COURT OF DELHI
HON'BLE THE ACTING CHIEF JUSTICE, A, C, Manmeet Pritam Singh Arora, JJ
ASHWINI KUMAR UPADHYAY – Appellant
Versus
UNION OF INDIA & ORS. – Respondent
W.P.(C) 14289/2023
ASHWINI KUMAR UPADHYAY
The court restored a public interest petition and directed the respondent to treat it as a representation for expeditious decision-making regarding the inclusion of indigenous healthcare systems in national health schemes.
Headnote:(A) Public Interest Litigation - Restoration of petition - The application for restoration was allowed due to the applicant's prior commitments preventing appearance - The public interest petition sought inclusion of indigenous healthcare systems in the Ayushman Bharat Scheme - The court directed the respondent to treat the petition as a representation and decide it expeditiously. (Paras 1-7)
(B) Healthcare Policy - The petition highlighted the limitation of the Ayushman Bharat Scheme to allopathic systems, emphasizing the need for inclusion of traditional systems like Ayurveda and Homeopathy. (Paras 4-5)
(C) Representation Requirement - The court noted that the petition was filed without prior representation to the respondents, which is a procedural consideration. (Paras 6-7)
Facts of the case:
The applicant sought restoration of a public interest petition dismissed for non-prosecution, aiming to include various indigenous medical systems in the Ayushman Bharat Scheme.
Findings of Court:
The court restored the petition and directed the respondent to treat it as a representation for a reasoned decision.
Issues: The main issues included the procedural requirement of prior representation and the adequacy of the Ayushman Bharat Scheme in addressing diverse healthcare needs.
Ratio Decidendi: The court emphasized the importance of treating the petition as a representation and the need for a reasoned decision, while leaving the merits of the case open for future proceedings.
Result: Petition restored and disposed of with directions.
% 05.04.2024 CM APPL. 5823/2024 (for restoration)
1. Present application has been filed seeking restoration of the public interest petition which was dismissed in default and on account of non- prosecution vide order dated 29th January, 2024.
2. The Applicant-Petitioner in person states that he could not put in appearance before the Court on 29th January, 2024 due to prior personal commitments.
3. Keeping in view the aforesaid, the present application is allowed and the matter is restored to its original status.
W.P.(C) 14289/2023
4. Present public interest petition has been filed to include Indian healthcare systems viz. Ayurveda, Yoga, Naturopathy, Siddha, Unani, Homeopathy in the National Health Protection Mission, Pradhan Mantri Jan Arogya Yojana (PM-JAY) i.e. Ayushman Bharat Scheme.
5. The Petitioner who appears in person states that while India boasts of various indigenous medical systems, including Ayurveda, Yoga, Naturopathy, Siddha, Unani, Homeopathy, etc. which are highly effective in addressing the healthcare needs of the present time, the Ayushman Bharat Scheme predominantly covers and is limited to allopathic hospitals and dispensaries and thus does not do full justice to India’s rich traditions.
6. A perusal of the counter affidavit filed by the Respondent No.2 reads that the Ministry of Ayush in coordination with Ministry of Health and Family Welfare is already taking steps to include Indian Health Care System viz Ayurveda, Yoga and Naturopathy in the National Health Protection Mission, Pradhan Mantri Jan Arogya Yojana (PM-JAY) i.e. Ayushman Bharat.
7. Keeping in view the aforesaid fact as well as the fact that the present writ petition has been filed without making any prior representation to the Respondents, this Court disposes of the present writ petition with a direction to Respondent No.2 to treat the present writ petition as a representation and to decide the same by way of a reasoned order as expeditiously as possible.
In the event the Petitioner is aggrieved by the decision taken by the Respondents, he shall be at liberty to file appropriate proceedings in accordance with law. This Court clarifies that it has not expressed any opinion upon the merits of the controversy. The rights and contentions of all the parties are left open.
