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Recently, the Telangana Government did not allow well - equipped private hospitals to conduct COVID- 19 test on patients and admit them in isolation wards for treatment. The petitioner Ganta Jai Kumar filed a suit against the Government, saying that no specific reasons were provided as to why the public should not approach private centers for their recovery treatment. If identified and allotted Government hospitals do not possess adequate, efficient equipment for screening, then why private ones are being disallowed for the same? It is a matter of fundamental right to choose the location where a person wants to undergo recovery after being identified as Covid positive patient. The petitioner even justified his stance by taking into consideration Section 2 of the Epidemics Disease Act, 1897, in which no guideline was drawn from Government to restrict private hospitals from treating COVID-19 patients and initiate the determination of disease. On the other hand, the Government failed to substantiate its order, thereby reflecting arbitrariness.
The Court held that the Government cannot force people to undergo treatment only in Public designated hospitals and Diagnostic centers. It is a person’s right to visit Private hospitals for checkups. Prohibiting private hospitals to conduct diagnostic tests upon citizens was a violation of their fundamental right to life and freedom. That order also offended the principles of natural justice The Government violated the essence of administrative law. Every action initiated by the state should be logically backed by appropriate reasons, application of mind and good faith.
Due to excess population, accommodation of all people into Government designated hospitals becomes difficult. If people can afford their treatment in private ones, then there should not be an imposition of any restriction. It would relieve existing hospitals and lift off the burden. Also, the Court further said that those private hospitals, which want to provide diagnostic, treatment, can make an application to Indian Council of medical research. That will ensure equal distribution of workload and effective utilization of resources of state.
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