JEEVAN VIKAS KENDRA Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 read with Article 21 of the Constitution of India, petitioner seeks a Writ of Mandamus or any other Writ, direction or order for quashing and setting aside the impugned decision taken in meeting of the Monitoring Committee on 30th April 2012 and seeks permission to use the accumulated funds in the Indigent Patients Fund (for short 'IPF') maintained by the petitioner for the purpose of replacing dialysis machine and x ray machine in its hospital. Petitioner also seeks a direction against the respondents to reconsider the application of the petitioner on merits under clause 19 of the Scheme framed by this Court in Writ Petition (PIL) No.3132 of 2004.

(2.) In the year 1971, the petitioner trust started a hospital for providing medical services at reasonable cost or free to poor persons. The petitioner is a trust registered under the provisions of Bombay Public Truct Act 1950 and manages a 62 bed hospital by name "Sadanand Banait Hospital". On 14th October 2005, this Court constituted an Expert Committee in W.P.(PIL) 3132 of 2004, to give recommendations on all aspects under the provisions of Section 41AA of the Bombay Public Trusts Act, 1950 (for short ' the said Act'). The Expert Committee submitted its report to this Court making various suggestions for formulation of Scheme. By an order dated 17th August 2006, this Court, after considering the report of the Expert Committee and considering all relevant aspects and objectives of Section 41AA of the said Act, approved the Scheme under Section 41AA for treatment of indigent patients and weaker section patients. Some of the relevant provisions of the said scheme are as under :

(3.) Section 41AA of the said Act reads as under :