Nidesh Kumar Mathur vs Principal Secretary

In this writ petition, petitioner is seeking a writ of mandamus to declare the inaction of the respondents No.3 to 5 on his representation dated 14.11.2022 to the respondent No.8 and the subsequent representation dated 21.11.2022, as illegal, arbitrary and to declare the refusal of treatment to the petitioner on 07.11.2022, as illegal, arbitrary and as professional misconduct and to declare the condition imposed by the respondents for seeking the sanction or approval from the Police authorities for treatment of Medico Legal Cases, as illegal, arbitrary and to direct the inquiry against the respondents No.3 to 7 and to initiate appropriate departmental and disciplinary action or any such other action and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances in the case.

Brief facts leading to the filing of the present writ petition are that he is married to one Shruti and two children are born out of the marriage i.e., son Ansh and daughter Arpitha Mathur. It is submitted that there were frequent disputes between him and his wife and on 07.11.2022 at around 21 hours, petitioner was assaulted by his son in which the petitioner sustained injuries. It is submitted that the petitioner went to Osmania General Hospital and met respondents No.6 and 7, but when the Doctors on duty and the CMO learnt that it was a Medico Legal Case (MLC), they refused to give any treatment and instead suggested the petitioner to first report the incident in the concerned Police Station and obtain the request from the Police Station to enable them to treat the petitioner and issue MLC. It is the allegation of the petitioner that the doctors blankly refused treatment and stated that they will not treat MLC cases without the approval of the Police and therefore, the petitioner went to a local doctor, one Mr.Bharat Prakash and got treatment from him for his injuries. Aggrieved by the inaction of respondents No.6 and 7 in giving treatment to him, the petitioner has allegedly made representations dated 14.11.2022 & 24.11.2022, but according to the petitioner, there was no action taken by the respondents No.3 and 4 against the doctors, therefore, he has filed the present writ petition.

Learned counsel for the petitioner reiterated the submissions made in the writ affidavit.

Leaned Government Pleader for Health Medical and Family Welfare Department, relied upon the averments made in the counter affidavit.

Having regard to the rival contention and the material on record, this Court finds that in the counter affidavit filed by the respondent No.4, it is denied that the petitioner approached the respondent hospital i.e., Osmania General Hospital and that he has been refused treatment on the ground that it is a Medico Legal Case (MLC). The respondent has submitted that per day approximately around 200 emergencies are attended to on priority of P1, P2 and P3 on triage basis. It is submitted that patients are attended on the basis of priority of the emergencies rather than on the ‘first come first basis’. It is submitted that P1 is the first priority, in which cases, if unattended immediately, the patient will collapse, P2 priority can wait for 15 minutes to half an hour and P3 can wait longer and can be treated on the out-patient basis only. It is submitted that P3 patients are non-emergency in nature and are not in need of admission. It is submitted that the MRD Department of the hospital through the telephone lodges the information of MLC cases to the respective police station of the incident and obtains the acknowledgment from the respective police station and maintains the registers of the same. It is submitted that petitioner’s name is not recorded as a patient who came for treatment and in proof of the same, the copies of the respective registers are produced before this Court. It is therefore, denied that the petitioner was refused treatment only on the ground that it is a Medico Legal Case.

The petitioner has not filed any reply to the counter affidavit and have also not filed any proof of his being injured in the assault by his son, except for a prescription of a doctor by name Avula Bharath Prakash, dated 07.11.2022. The said prescription also does not mention the nature of the injury  ‘except for prescription of medicines. Therefore, this Court is of the opinion that the petitioner has not been able to prove that the injuries caused to him are grievous in nature or that he has approached respondents for any treatment and has been refused for treatment on the ground that it is a Medico Legal Case. The petitioner has not been able to rebut the contentions of the respondents raised in the counter affidavit. In view of the same, this Court does not find any merit in the writ petition and is liable to be dismissed.

Accordingly, this writ petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.