Delhi HC: Citizens Can Avail Health Facilities Irrespective of Their Residential Area  

Delhi High Court Law Insider

Aastha Thakur

Published on: 20 December 2022 at 19:02 IST

The Delhi High Court stated that the hospital cannot insist for Voter ID cards while directing Lok Nayak Hospital to perform an MRI test on a Bihar resident.

The petitioner filed case alleging that Lok Nayak Hospital (LNJP) was providing free MRI tests only to the residents of the National Capital, saying this was discriminatory, arbitrary, and ultra vires.

Justice Prathiba M. Singh, while dealing with this case, rebukes the hospital administration, stating that citizens who come from outside cannot be stopped from seeking treatment.

The petitioner was given a date for an MRI scan of his knee by the LNJP hospital; however, he observed that the hospital was providing free MRI facilities only to the residents of the national capital.

The Court relied on the precedent matter, where it was decided that medical treatment can be availed of by any person, irrespective of which state they belong to.

The defense counsel here, representing the Delhi Government, however, states that they are not following any such policy. Because the service is free, it is natural to have to wait in the hospital due to heavy traffic.

The counsel further added that there is nothing on record to show that the Bihar resident was told to furnish his voter ID. The date given to the patient was solely based on the availability of a slot in the hospital.

“There is no discrimination in this case. Lok Nayak gets thousands of patients every day. The average waiting time for tests is two to three years, and in some cases, it is even five years. That is why in emergency cases, we advise patients to get their tests done privately if they have the means to afford it, so that their treatment process does not get delayed,” a senior doctor from the hospital said.

For now, the hospital has been directed to conduct the MRI on December 26.

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