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Friday, October 23, 2020

HC stays govt order stipulating treatment rates for non-Covid patients at private hospitals

The clause was challenged by a Nagpur doctor, Pradeep Arora, and the HC sought a response from the government as to under which power it issued the stipulation of Clause IV.

Written by Vivek Deshpande | Nagpur | Updated: September 26, 2020 9:54:29 am
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THE NAGPUR bench of the Bombay High Court has stayed Clause IV of the state government’s notification dated May 21 that stipulated rates for treatment of non-Covid patients at private hospitals.

The clause was challenged by a Nagpur doctor, Pradeep Arora, and the HC sought a response from the government as to under which power it issued the stipulation of Clause IV.

Additional Government Pleader A M Deshpande told the court that during the earlier hearing on September 23, the matter was sought to be clubbed with related issues before the principal bench in Mumbai.

The HC bench, however, had insisted that the government should submit its response even if the matter was sought to be clubbed at the principal bench.

On Friday’s hearing too, the government pleader produced a copy of the praecipe moved before the principal bench was filed. The HC bench, comprising Justice R K Deshpande and Justice Pushpa Gandediwala, said, “We are conscious of the propriety of taking up this matter, particularly when the learned additional government pleader has placed the praecipe moved on September 22 before the honourable Chief Justice. However, what we find is the order which we possess earlier on September 15 assuring the petitioner that the master will be heard on the question of grant of interim relief to the portion of notification shall lose its sanctity. We don’t want litigants to carry such impression.”

“We stay the effect of operation of Clause IV of the notification dated May 21,” the bench stated.

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