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/17308/2024 of SUO MOTU- IN THE MATTER OF RIGHT TO HEALTH AND WELL BEING OF EVERYONE v. UNION OF INDIA

Court: High Court of Rajasthan

Bench: MANINDRA MOHAN SHRIVASTAVA,ASHUTOSH KUMAR

Judgment date:

Case summary

High Court of Rajasthan judgment dated 2024-12-11. /17308/2024 of SUO MOTU- IN THE MATTER OF RIGHT TO HEALTH AND WELL BEING OF EVERYONE v. UNION OF INDIA....

Judgment text

[2024:RJ-JP:50866-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D. B. Civil Writ Petition (PIL) No. 17308/2024 Suo Motu- In The Matter of Right to Health and Well Being of Everyone. ----Petitioner Versus 1. Union of India, through Secretary, Ministry of Medical and Health, New Delhi. 2. State of Rajasthan, through Chief Secretary, Government of Rajasthan, Secretariat, Jaipur. 3. Additional Chief Secretary, Department of Medical and Health, Jaipur. 4. Director, Department of Medical and Health, Jaipur. ----Respondents For Petitioner : Mr. Saurabh Saini Advocate with Mr. Kapil Meena Advocate. Mr. Ashish Saksena Amicum Curiae. Mr. Prithvi Pal Advocate on behalf of Mr. Tanveer Ahamad Amicus Curiae. For Respondents : Mr. Rajendra Prasad Advocate General assisted by Ms. Harshita Thakral Advocate. Mr. R. D. Rastogi, Additional Solicitor General assisted by Mr. C. S. Sinha Advocate and Mr. Rajat Sharma Advocate. Mr. Archit Bohra Advocate. Ms.

Vidhi Maheshwari Advocate for United Doctors Front. HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 11/12/2024 1. Learned Single Judge, on the basis of certain newspaper reports, has taken cognizance with regard to alleged prevailing conditions in various dialysis centres. 2. We have gone through the newspaper report cuttings and we find that the same are vague and do not contain any specific detail [2024:RJ-JP:50866-DB] (2 of 2) [CW-17308/2024] with regard to any particular dialysis centre in a particular city, nor they contain specific names of those dialysis centres. We are of the view that the above newspaper report cuttings could not be made a basis to call for a general report from the Government of India and the State Government.

Learned Single Judge has asked for report to be summoned from the Government of India and State Government about ongoing effective steps being taken by the Centre as well as State Government for improving the present health care system. The report sought is too general and does not specify as to which aspect is required to be examined by the court in Suo Motu PIL Petition. 3. Therefore, we are not inclined to proceed further in the matter and this PIL petition is closed. 4. Ms. Vidhi Maheshwari, learned counsel informs the Court that an application for impleadment has been filed by applicant-United Doctors Front, a public charitable trust to assist the Court. Another application for impleadment has been filed by the applicant-United Private Clinics and Hospitals Association of Rajasthan to assist the Court. 5. The applicants in both the applications are at liberty to file separate PIL petition to highlight any specific issue, if they wish so.

It is made clear that if any specific issue with respect to any particular dialysis centre is raised through PIL petition, the same would be examined independently. (ASHUTOSH KUMAR)J (MANINDRA MOHAN SHRIVASTAVA),CJ MANOJ NARWANI-TANISHA /81

Source: High Court of Rajasthan. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.