Jyoti Rajpoot v. State of U.P. Deptt. of Medical Health and Family Welfare Thru. Chief Secy. Lko and 3 Others

Allahabad HC11 Jul 2024WPIL/576/2024

Case brief

AI extract

What is this about?

PIL alleging a destitute patient was denied hospital treatment for want of an attendant despite Government Orders requiring attendants for such patients. Court directed opposite party no. 2 to ensure an attendant, file an affidavit on implementation across the State, and listed the matter for further hearing.

What did the court decide?

Opposite party no. 2 directed to ensure an attendant for the destitute's treatment/operation and file affidavit by 06.08.2024.

Jyoti Rajpoot vs State of U.P. Deptt. of Medical Health and Family Welfare Thru. Chief Secy. Lko and 3 Others — Allahabad HC (2024) — LawSathi Research

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Page No. 1

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Court No. - 2

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 576 of 2024

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Petitioner :- Jyoti Rajpoot Respondent :- State Of U.P. Deptt. Of Medical Health And Family Welfare Thru. Chief Secy. Lko And 3 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.

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Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.

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1. Heard Ms. Jyoti Rajpoot- petitioner in person and Ms. Isha Mittal, learned Additional Chief Standing Counsel for the State.

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2. We have noticed Para 6(1) of the Government Order dated 21.11.2023 which reads as under:-

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" ¼1½ ykokfjl ,oa ifjR;Dr] ,sls gh ejht tks ekufld :i ls LoLFk gS (Mentally not challenged) mudks vko';drkuqlkj fpfdRlky; ds lkekU; okMZ es j[kk tk;A ;fn ,sls ejht] tks viuh nSfud fuR; fdz;k djus esa vleFkZ gSa rks muds fy, Attendent dh O;oLFkk lqfuf'pr dh tk;A "

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3. We have also perused subsequent Government Order dated 06.12.2023 wherein also Clause 2(1) is on similar lines. We keep this Government Order on record.

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4. In view of the aforesaid Government Orders the opposite party no. 2 is directed to ensure an attendant for the treatment/operation of the destitute mentioned in the writ petition and apprise this Court by means of an affidavit in this regard.

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5. This matter shall now come up on 06.08.2024.

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Page No. 2

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6. Affidavit shall be filed by the opposite party no. 2 by then.

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7. In his affidavit the opposite party no. 2 shall also explain as to how many such cases covered by the aforesaid Clause have been dealt with in the past one year and in how may cases attendants have been provided to such persons.

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8. This issue will be seen by us on the next date so far as application of the aforesaid Government Order throughout the State is concerned, as to how this should be monitored, as, the State in the larger interest of destitute and mentally ill, has issued the said Government Order, which, we appreciate, but, want to ensure its proper implementation considering the allegation herein that the destitute in this case was turned out from the hospital on the ground that there is no person to attend to him, therefore, the operation can not take place, although, Ms. Isha Mittal, learned Additional Chief Standing Counsel says that it is not so.

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9. Ms. Isha Mittal, learned Additional Chief Standing Counsel shall communicate this order to the opposite party no. 2 and shall coordinate with the petitioner and opposite party no. 2 to get the destitute person treated.

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(Om Prakash Shukla,J.) (Rajan Roy,J.)

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Order Date :- 11.7.2024 R.K.P.

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Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench

Jyoti Rajpoot v. State of U.P. Deptt. of Medical Health and Family Welfare Thru. Chief Secy. Lko and 3 Others

Case brief

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Jyoti Rajpoot v. State of U.P. Deptt. of Medical Health and Family Welfare Thru. Chief Secy. Lko and 3 Others

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