The Supreme Court on Tuesday set aside a 2018 Allahabad High Court order that required the government officials in Uttar Pradesh to exclusively seek treatment at government-run hospitals. The High Court had issued several directions, including the impugned one, as part of a broader effort to improve healthcare system in government hospitals and medical colleges in Uttar Pradesh.
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar said that such directives interfere with policy decisions and limit individual choice regarding medical treatment.
During the hearing, the bench questioned the rationale behind restricting treatment options for government officials.
“How can the High Court dictate policy decisions determining where a person must or must not seek treatment? While the intention to improve hospital conditions is commendable, such directives cannot override individual choice,” the CJI said.
The bench specifically addressed Direction No. 11 of the High Court order, which mandated that all government officials and public sector employees avail medical care exclusively from the government hospitals.
It also stipulated that the government should not reimburse medical expenses incurred at private hospitals except in cases where treatment was unavailable in public facilities.
“Government servants might end up receiving priority over ordinary citizens, which could create inequities in healthcare access,” the CJI said.
The said policy-making should remain the prerogative of the executive branch and judicial interventions must not overstep their constitutional mandate.
The judgement grants petitioners the liberty to file fresh petitions with specific data and facts before the High Court.
The Allahabad High Court had issued 21 directions while hearing a PIL concerning poor healthcare services in Uttar Pradesh.
The case was initiated by a working-class woman, who faced severe post-delivery complications due to alleged negligence at a government hospital, forcing her to seek costly private treatment.
Among its key directives, the High Court had ordered filling medical staff vacancies in the government hospitals.
It had asked the authorities to ensure quality medicines and medical equipment at all public healthcare centers.
It also said that maternal healthcare services be strengthened by recruiting female doctors and paramedics.
It had also said that a CAG-led audit be conducted to look into the mismanagement of public hospitals and alleged financial irregularities.
The top court, while setting aside the directive mandating exclusive treatment at the government hospitals, did not dismiss the broader concerns regarding the state of public healthcare in Uttar Pradesh.
