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A plea has been filed in Delhi High Court over denial of dialysis facility to a patient belonging to the EWS category.
A plea has been moved before the Delhi High Court challenging the action of Venkateshwar Hospital, Dwarka of discontinuing the dialysis facility for EWS patient Jitender Pal Singh.
The Single Judge bench of Justice Pratibha M. Singh issued notice to the respondents and the Delhi Development Authority (DDA) has been asked to file land allotment documents. The matter has been listed in July 2023 for hearing. The plea has been moved through Advocates Ashok Agarwal and Kumar Utkarsh.
The plea states that it is also directed against the impugned action on part of the hospital for discontinuing the dialysis facility to Jitender despite the fact that the new dialysis unit is operating on Government land having a condition to provide free treatment to Economically Weaker Section (EWS) patient.
“That the land at which the dialysis unit is now operational is also on respondent DDA land and at the time of providing land to respondent Hospital the condition was incorporated for providing free of cost treatment to EWS patients, therefore, they are bound to provide minimum 10% IPD and 25% OPD facility to EWS patients as the new building is also part and parcel of respondent Hospital for all intents and purposes,” the plea states.
The plea states that the actions on part of the hospital and Delhi Development Authority (DDA) are violative of fundamental rights guaranteed to him under Articles 14, 19, 21 and 47 of the Constitution of India. The plea has placed reliance on the case of Moolchand Khairati Ram Trust & Ors.
“It is submitted that respondent Hospital action of discontinuing the dialysis facility to petitioner despite the fact that the new dialysis unit is operating on respondent DDA land having a condition to provide free of cost treatment to EWS patient is arbitrary, unjust, unconstitutional, inhuman and in breach of directions given by Hon’ble Supreme Court in Moolchand Khairati Ram Trust & Ors (2018) 8 SCC 321” the plea states.
It has been submitted that the petitioner served a legal notice on February 17 to the Hospital, the Government of NCT of Delhi and DDA, however, no response had been received.
Case Title: Jitender Pal Singh vs. Venkateshwar Hospital & Ors.
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