NDLI: State of Punjab and Ors. Vs. Ram Lubhaya Bagga

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India 1950 : Articles 21 41 and 47-Right to health
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Administrative Law :Administrative action-Policy-Change of-State Government changed its policy as regards reimbursement of medical expenses-Validity of-Held : Right of the State to change its policy from time to time under the changing circumstances cannot be challenged-In the circumstances of the case, change of policy upheld. Judicial review-Policy Scrunity of-Held: Policy cannot be scrutinised though the court can determine whether it is arbitrary or violative of any constitutional, statutory or any other provision of law. Po/icy-Framing of-Financial constraint;;-Held: Essential consideration for forming or modifying a policy. Constitution of India, 1950 :Articles 21, 41 and 47-Right to health-State Government restricted reimbursement of medical expenses to its employees-Validity of-Held: It is the obligation of the State to secure the health of its citizens-But Government is justified in restricting the medical facilities to the extent its finances permit-Hence, decision of State Government not violative of Art. 21. Articles 21 and 47-Right to health-Obligation of the State to streamline its health services emphasised.Part III-Fundamental rights-Held: Not every fundamental right is absolute-Every individual right has to give way to the right of the public at large. Jurisprudence-Jural Relations-Right-Duty correlative-Held: Right of one is an obligation of the another. The respondent suffered a heart attack and was admitted to the Escorts Heart Institute and Research Centre for treatment The respondent submitted a bill to the appellant-State for full reimbursement of his medical expenses. The appellant-State allowed the respondent's claim in part on the ground that as per the new policy framed in 1995, reimbursement of medical expenses was restricted to the level of expenditure as per the rate fixed by the Director, Health and Family Welfare for a similar treatment package or actual expenditure whichever was less. Being aggrieved the respondent filed a writ petition before the High Court The High Court allowed the petition and held that the respondent was entitled to total reimbursement of his medical expenses incurred in a private hospital. Hence this appeal. On behalf of the respondent it was contended that according to the 1991 policy reimbursement of full medical expenses charged by certain designated private hospitals like, Escorts, Apollo etc. were admissible and, therefore, the new policy denying full reimbursement of medical expenses incurred in a private hospital was not justified; that this Court in Surjit Singh 's case had upheld reimbursement of medical expenses at Escorts and, therefore, it was not permissible for the appellant-State to change its policy; and that the new policy; of the appellant framed in 1995 was violative of Article 21 of the Constitution.
Judge	Hon'ble Mr. Justice Ajay Prakash Misra
Neutral Citation	1998 INSC 114
Petitioner	State Of Punjab And Ors.
Respondent	Ram Lubhaya Bagga
SCR	[1998] 1 S.C.R. 1120
Judgement Date	1998-02-26
Case Number	1111

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State of Punjab and Ors. Vs. Ram Lubhaya Bagga

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