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Judgment
This application has been filed by the respondents No.2 and 3, for clarification of the direction issued on 23.10.2017, passed in W.P.No.5467/2016 (PIL) at para No.26 (ii), 26 (xi)(A) and 26(xi)(D) and (E), in the light of the terms and conditions of lease deed.
Learned counsel for the petitioner has submitted that Bombay Hospital, Indore has modified its existing web site www.bombayhospitalindore.com by adding a portal in the name of BPL portal which can be accessed by multi user login and passwords that can be controlled and monitored by the referring hospitals and doctors. Thus, the act of monitoring and regulating the treatment of the patients by the orders of this Court shall be open and transparent. He also submitted that while passing the order, this court directed the petitioners to provide 15% of the total number of beds as free beds. This direction not only extinguishes condition No.1 of the lease deed, but also might result into a chaotic situation for other patients inasmuch as the direction of this court, the petitioners shall be required to provide 37 beds as free beds and the said free beds will have to be provided from the categories No.1 to 11 and it would be 33.33% of the total beds of the general ward, where patients of lower income group are/will be treated.
At present the hospital is having the total 246 beds in 11 different categories of wards, which include General Ward. He also pointed out that the review petitioners run a separate free OPD for poor / lower income group patients and they are ready to provide free treatment including free medicine, food, medical / surgical investigation to 15% low income groups / poor people or total patients visiting free OPD. As per lease deed "medical facilities shall be made available free of charge to at least 15% of the patients of the low income groups coming for treatment in the 300 bed hospital (presently 246 beds) by the Bombay Hospital Trust."
At present the Hospital is providing 15% of the total number of beds in the general ward comprising of 82 beds where no charges will be levied from the patients belonging to lower socio and economical groups / BPL Card Holder. Medicine, food, medical/surgical investigation/operations and investigations like X Ray, ultrasound, CT Scan shall also be free and passed the order dated 23.10.2017 in W.P.No.5467/2016.
On the other hand, learned counsel for the respondent No.1 has submitted that the review petitioner - hospital is bound to comply with the conditions of providing free medical treatment to 15% of the patients of low income group in the hospital. The review petitioner - hospital is a super-specialty hospital. They are having Cardiology / Cardiac surgery, Nephrology, Neurology, Orthopedic, Oncosurgery and Gastroenterology Department and, therefore, they may be directed to do provide free surgeries of at least 15% of the total number of beds available in the above mentioned Department and they should refer the patients for the surgeries in the above super-specialty department only to those patients to whom surgeries are not done in M.Y. Hospital and District Hospital of the State Government situated in Indore, so that they may get actual benefit of the terms and conditions of the lease - deed.
Shri Aniket A. Naik, Advocate for respondent No.2 - (IDA) and learned Government Advocate for respondents No.3 and 5 / State has submitted that they have no objection in modifying the directions issued earlier in para 26 of the order dated 23.10.2017.
On due consideration of the aforesaid, we modify the conditions mentioned in para 26 of of the order dated 23.10.2017, passed in W.P.No.5467/2016 (PIL), which are as follows :- In para 26 (ii), it be read as "at least 15% of the total number of beds in the department including General Ward comprising of 82 beds and beds available in super-specialty department, ie., Cardiology / Cardiac surgery, Nephrology, Neurology, Orthopedic, Oncosurgery and Gastroenterology for their surgery and other treatments, which are not done in M.Y. Hospital and Distt. Hospital, should be referred and will be provided as free treatment and no charges will be levied from the patients belonging to lower socio economical groups. Medicine, food, medical/surgical investigation/operation and investigation like X Ray, ultrasound, CT Scan shall also be free."
Para 26(iii) it be read as "at least 15% of the total number of OPD cases registered in the free OPD run by the hospital shall be treated free of cost. For these 15% cases entire services including the cost of medicine and investigations shall be entirely free."
Para 26(xi) (D) it be read as "the Inspection Committee shall consist of three members comprising of Shri C.L. Yadav, learned Senior Advocate, who shall act as Chairman of the Committee, Dr. Vinod Kumar Patidar, Professor Indore Institute of Law, Indore, Superintendent of M.Y. Hospital, Dean of M.G.M. Medical College, Indore. The Bombay Hospital has set up a web portal in respect of the treatment of the patients by which the referral hospital can refer and monitor the availability of beds and view details regarding indigent patients - admitted, discharged and patients awaiting admissions. In case of direct admission of indigent patient by the Bombay Hospital, an E-mail would be sent immediately to the Joint Director, Health Services for verification of the BPL status of the patient, hospital would further send the report of admitted and treated patients on periodic basis to IDA and Joint Director, Health Services."
With the aforesaid modifications in para 26(ii), 26(iii) and 26(xi) (D), we disposed of the review petition. No costs.