TULSIDAS PRABHUDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 14, 16 and 226 of the Constitution of India, the petitioner has claimed medical reimbursement for the treatment of liver transplant which was done at Sir Ganga Ram Hospital, New Delhi.

(2.) Brief facts of this case are that petitioner was serving as a Principal of Shri M.H. Dayaram Sharda Mandir, Dabhoi, which was a Government school. On 5.1.2010, petitioner visited SSG Hospital, Baroda for the treatment of liver i.e. the deceased for which he was suffering. However such treatment was not available in this Hospital and petitioner was referred to Civil Hospital, Ahmedabad. On 7.1.2010, petitioner approached Civil Hospital, Ahmedabad. But, his request for treatment was turned down as he was diagnosed to be the case of end-stage liver disease and required liver transplant. In reference slip, he was referred to Quaternary Case Center in the Hospital. As facility of liver transplant was not available at Quaternary Case Center, he sought permission from the respondents for his treatment at Sir Ganga Ram Hospital, New Delhi. As the name of the hospital from where the petitioner wanted to have treatment, was not there in the list of the recognised hospital of the State of Gujarat. This application came to be dismissed vide letter dated 8.2.2010 relying upon Government Resolution (GR) dated 23.8.1990. Left with no other option, petitioner got himself admitted for liver transplant at Sir Ganga Ram Hospital, New Delhi where ultimately operation was performed on 25.2.2010 and after successful operation, he was discharged on 15.4.2010. After discharged from the Hospital, petitioner submitted Essentiality Certificate along with bills issued by the Hospital to the respondents. Medical reimbursement of the petitioner came to be rejected by the respondents on the ground that he has taken treatment from a hospital which was not recognised by the State of Gujarat. Further, reasoning for rejection was that he has not approached the Quaternary Case Center, Ahmedabad, where he was referred. Representation of the petitioner dated 22.11.2010 has been returned to the school of the petitioner from where he has retired which have resulted in filing of this Special Civil Application.

(3.) Learned counsel for the petitioner has submitted that the disease from which the petitioner was suffering, was the peculiar disease for which treatment was available at Sir Ganga Ram Hospital, New Delhi and the same was not available in Ahmedabad. Under any circumstance, petitioner was required to take treatment from outside the State of Gujarat and Sir Ganga Ram Hospital, New Delhi being a reputed Hospital for such treatment, the petitioner has preferred this hospital. It has been submitted that before approaching Sir Ganga Ram Hospital, New Delhi, the petitioner has sought permission of the respondents for taking treatment from such hospital. However, his representation was turned down. It has been argued that Sir Ganga Ram Hospital is not on the list of recognised hospital as per GR dated 23.8.1990. However, petitioner was entitled for medical reimbursement of the necessary expenses which petitioner could have incurred if he had taken treatment from the Government Hospital.