Govt Hospitals Have To Treat All Citizens Irrespective Of Place Of Residence, Can't Insist On Voter ID: Delhi High Court

Hearing a Bihar resident's plea alleging that Lok Nayak Hospital (LNJP) was providing facility of free MRI test only to the residents of national capital, the Delhi High Court on Tuesday said that the government hospitals have to treat all the citizens, irrespective of their place of residence.

Emphasising that the hospitals cannot insist on voter IDs of citizens, Justice Prathiba M Singh observed that citizens, who come from outside, cannot be stopped from seeking treatment.

The court also noted that in one of its earlier judgments, it has been held that medical treatment has to be given to all citizens without any consideration to their place of residence.

It was the petitioner's case that he was given a date of July 15, 2024 for MRI scan of his knee by the LNJP hospital, alleging that the hospital had adopted a discriminatory approach against citizens who were not residing in the national capital.

The plea submitted that the LNJP hospital had given the said date because the petitioner was a resident of Bihar and that the same was done "under written or unwritten policy of the Delhi Government."

As per the plea, the doctor in LNJP hospital said that free of cost MRI facility was available only to a Delhi resident possessing valid voter ID card and that other persons had to take the test at their own cost.

The petitioner submitted that the hospital's action was arbitrary, discriminatory and without authority in law.

During the course of hearing, a counsel representing Delhi Government told court that the hospital was not adopting any discriminatory policy on the basis of a citizen's residence as alleged by the petitioner. 

The counsel also said that there was nothing on record to show that the Bihar resident was told to furnish his voter ID. The court was informed that the date for MRI test was given as per availability status in the hospital.

The court directed that the MRI of petitioner be conducted at the hospital on December 26.

Title: GULAM MAHABUB v. GOVERNMENT OF NCT OF DELHI & ORS

Citation: 2022 LiveLaw (Del) 1200