NAGPUR: In a big respite to private hospitals across the state, the Supreme Court on Monday upheld the landmark ruling delivered by Nagpur bench of Bombay high court that the Maharashtra government can’t fix rates for non-Covid patients in such establishments.
While refusing to entertain the state’s special leave petition challenging HC’s October 23 verdict, the top court’s division bench comprising justices Dhananjay Chandrachud and MR Shah refused to entertain its arguments that it was vested with powers under the Disaster Management Act, 2005, and Epidemic Diseases Act, 1897.
It’s a big setback to the government as it would become a law after the apex court’s ruling, according to Dr Pradeep Arora, a paediatrician, who had filed a petition in HC along with Vidarbha Hospital Association.
Both challenged Nagpur Municipal Corporation’s (NMC) notices to private hospitals over alleged over-charging of fees from Covid and non-Covid patients in violation of state’s two notifications of April 30 and May 4. Questioning the legality of NMC’s move initiated by its former commissioner Tukaram Mundhe, they termed it as “gross abuse and misuse of powers” by civic officials.
Pointing out that the civic body’s notices were issued without any jurisdiction and would hinder medical services offered to patients at a time when entire medical fraternity is battling the deadly virus while risking their lives, the petitioners had contended that the government is neither competent nor have the authority to fix rates for non-Covid patients in private hospitals. “This is an unwarranted interference in running a medical facility that leads to harassment,” they contended.
Quashing two government notifications of April 30 and May 4, 2020, for fixing rates for non-Covid patients in such establishments, the HC’s then division bench comprising justices Ravi Deshpande (retired) and Pushpa Ganediwala ruled that the government isn’t competent to such directives under DMA’s Section 65.
This bench further held that the legislature isn’t competent under public health and sanitation, hospitals and dispensaries in Schedule VII’s List II (State List) under the Constitution of India to either frame any law/issue any direction for putting a cap on regulating rates chargeable by private hospitals for non-Covid patients.
Stressing that private establishments are denied their control and regulation over 80% isolation and non-isolation beds due to government’s directives, the HC judges stated that they should be compensated under DMA’s Section 66.
According to Dr Arora, who argued in person, the apex court bench flayed the government on its failure to provide adequate healthcare services to the patients during peak period of pandemic in April-May and made it clear that when private hospitals were extending their services to non-Covid patients, it has no right to interfere in that.
