Allowed

Ashwini Kumar Upadhyay v. Union of India & Ors.

Delhi HC29 Jan 2024W.P.(C)/14289/2023

Case brief

AI extract

What is this about?

The Acting Chief Justice, Delhi HC, allowed a restoration application to reinstate a dismissed PIL concerning inclusion of Indian medicine in PM-JAY. The main petition was disposed of by directing the Ministry to treat the writ as a representation without deciding merits.

What did the court decide?

Restoration of the PIL allowed. Main writ petition disposed of with direction to treat it as a representation.

Ashwini Kumar Upadhyay Vs Union of India & Ors. — Delhi HC (2024) — LawSathi Research

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 14289/2023

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ASHWINI KUMAR UPADHYAY ..... Petitioner

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Through: Petitioner in person

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versus

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UNION OF INDIA & ORS. ..... Respondent

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Through: Mr. Kirtiman Singh, CGSC, UOI Ms. Shreya V. Mehra and Mr. Waize Ali Noor, Advocates

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R % 05.04.2024

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CM APPL. 5823/2024 (for restoration)

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Present application has been filed seeking restoration of the public interest petition which was dismissed in default and on account of nonprosecution vide order dated 29^th January, 2024.

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The Applicant-Petitioner in person states that he could not put in appearance before the Court on 29^th January, 2024 due to prior personal commitments.

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Keeping in view the aforesaid, the present application is allowed and the matter is restored to its original status.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2024 at 12:44:17

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W.P.(C) 14289/2023

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Present public interest petition has been filed to include Indian healthcare systems viz. Ayurveda, Yoga, Naturopathy, Siddha, Unani, Homeopathy in the National Health Protection Mission, Pradhan Mantri Jan Arogya Yojana (PM-JAY) i.e. Ayushman Bharat Scheme.

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The Petitioner who appears in person states that while India boasts of various indigenous medical systems, including Ayurveda, Yoga, Naturopathy, Siddha, Unani, Homeopathy, etc. which are highly effective in addressing the healthcare needs of the present time, the Ayushman Bharat Scheme predominantly covers and is limited to allopathic hospitals and dispensaries and thus does not do full justice to India’s rich traditions.

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A perusal of the counter affidavit filed by the Respondent No.2 reads that the Ministry of Ayush in coordination with Ministry of Health and Family Welfare is already taking steps to include Indian Health Care System viz Ayurveda, Yoga and Naturopathy in the National Health Protection Mission, Pradhan Mantri Jan Arogya Yojana (PM-JAY) i.e. Ayushman Bharat.

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Keeping in view the aforesaid fact as well as the fact that the present writ petition has been filed without making any prior representation to the Respondents, this Court disposes of the present writ petition with a direction to Respondent No.2 to treat the present writ petition as a representation and to decide the same by way of a reasoned order as expeditiously as possible. In the event the Petitioner is aggrieved by the decision taken by the Respondents, he shall be at liberty to file appropriate proceedings in accordance with law. This Court clarifies that it has not expressed any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2024 at 12:44:17

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opinion upon the merits of the controversy. The rights and contentions of all the parties are left open.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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APRIL 5, 2024/ msh

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2024 at 12:44:17

Ashwini Kumar Upadhyay v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Ashwini Kumar Upadhyay v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

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