Not Reasonable To Restrain Hospital From Giving Covid Treatment, Merely On Allegation Of Charging Excessive Fees: Allahabad High Court

A Division Bench comprising of Justices Surya Prakash Kesarwani and Syed Aftab Rizvi observed that it is not reasonable to pass such orders restraining hospitals from giving Covid treatment, especially when the State is witnessing a huge spike in Covid cases.

The order stated,

"This Court take judicial notice of the fact that presently there is a spike rise in Covid-19 patients in the State of Uttar Pradesh particularly in districts Varanasi, Lucknow, Allahabad and Kanpur. In Government Hospitals adequate beds are not available to accommodate the Covid-19 patients for their treatment. The Government itself is engaging various private nursing homes and hospitals for treatment of Covid-19 patients. Under the circumstances, the impugned order does not appeal to reason that the petitioner's hospital itself be restrained from giving treatment to Covid-19 patients, merely on the allegation of a patient that some excessive amount was charged by it from him."

The Bench further noted that the impugned order was passed by the CMO, completely ignoring the explanation submitted before it by the Petitioner-hospital.

The UP Government had issued a Circular on September 10, 2020, to all the District Magistrates and Chief Medical Officers, regulating the fees for Covid-19 treatment.

The CMO in this case had acted upon a complaint made by one Anand Kumar Mishra against the Petitioner's hospital for charging some excessive amount for treatment.

Consequently, a notice dated August 22, 2020 was issued by the CMO to the Petitioner's hospital, asking for explanation. Whereas a detailed explanation in that regard was submitted on August 25, the CMO proceeded to pass an adverse order against the Petitioner, without even recording that what amount was found to have been charged excessively.

"Liberty is granted to the competent authority to pass an order afresh, in accordance with law, under the Epidemic Diseases Act 1897 and the Uttar Pradesh Epidemic Disease Covid-19 Regulations 2020, if still required under the prevailing situations, after affording opportunity of hearing to the petitioners," the Bench said in the facts of the case.

Case Title: Medwin Hospital & Research v. State Of UP

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