Laxmi Chand, the Petitioner, was a retired Accounts Officer in the office of the Accountant General, Gwalior. After suffering a heart attack, he was referred to Indraprashta Apollo Hospital, New Delhi. On submitting his bills for medical reimbursement, his claims were rejected. The Petitioner approached the Central Administrative Tribunal, requesting it to direct the Respondent …Read more

The Petitioner, Seenath Beevi, was the head nurse at a government hospital in Kerala. She worked 14 hours a day, six days a week because shift duties were not available at the hospital. The government had introduced a “3 shift system” in some hospitals with the aim of limiting working hours to 8 hours per …Read more

Petitioner had health coverage under the Central Government Health Scheme (CGHS).  On January 4, 2000, the petitioner learned that he had blocked arteries and was advised to go to Yashoda hospital, which was a recognized referral hospital under the CGHS. At Yashoda hospital he was instructed to have bypass surgery. After consulting with many doctors, …Read more

In 1996, the government of India had passed the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1995 (the “PNDT Act”) which was aimed at preventing the misuse of sex determination technology to abort girl children before birth.  Female feticide had become an increasingly frequent practice in India despite the implementations of reforms that attempted …Read more

This case is a writ position challenging the constitutionality of a law that prohibits anyone with more than two living children from holding certain public offices in the Panchayat raj local government system of the state of Haryana. Note that the Panchayat raj system is the traditional local government system of areas in the Indian …Read more

Shri V.K. Gupta, the Petitioner, was an employee of the Delhi High Court and was covered by the Central Government Health Scheme. He underwent an open heart surgery at Escorts Heart Institute and Research Centre Ltd. (EHIRC), which was approved by the Registrar of the Delhi High Court. Full reimbursement was denied to the Petitioner …Read more

The Petitioner, Ex. Const. Badan Singh, was an employee of the Border Security Force (BSF). While in employment he found out that he was living with HIV. Being considered unfit for employment by the Medical Board and the competent authority, he was discharged from service with a 70% disability. The Petitioner filed the petition in …Read more

A petition was filed by the Smoke Affected Residents’ Forum seeking appropriate directions from the Court for measures to control and reduce auto emissions from vehicles plying in Mumbai. These were with respect to the consumption of unleaded petrol, reduction of sulphur content in diesel oil, issuance of ‘Pollution Under Control’ certificates and ensuring that …Read more

This judgment is a joint judgment of two separate but nearly identical writ petitions. The first petitioner sought to attend an enquiry by the Maharashtra Medical Council, the first respondent, investigating a malpractice complaint against a former doctor, Dr. P. B. Desai, who was a nationally known figure. The first respondent denied the first petitioner …Read more

Tobacco related diseases caused an estimated eight hundred thousand deaths in India per year, with treatment of tobacco caused diseases resulting in a loss of Rs. 13,500 Crores annually. The World Health Organisation estimated that up to seven million deaths, worldwide, per year were attributable to tobacco related disease, of which sixty million deaths occurred …Read more

A letter sent to the Andhra Pradesh High Court informed it of the death of an inmate in a Government hostel for the blind and of the inhumane conditions in the hostel. The letter requested the High Court to intervene in the interest of justice. The High Court converted the letter in to a public …Read more

Lt. Col. B.S. Dhanda, the Petitioner, was an army official who was advised to undergo angiography and other specialized treatment at Escorts Hospital. The medial expenses incurred during this period were cleared by the Army Hospital. On submitting the bills for reimbursement, only a part of the claim was reimbursed. The Petitioner unsuccessfully filed a …Read more

Veena Sharma, the Petitioner, submitted medical bills incurred during her late husband’s hospitalization. After contracting a disease, her late husband was admitted to a hospital. After being discharged, his condition deteriorated. On the recommendation of the State of India, the Respondent, and the Bank’s doctor, he was admitted in a different private hospital. Upon submitting …Read more

The Petitioner was the wife of a Pump Operator working for the Respondent, Singareni Colleries Co. Ltd. The Petitioner underwent a family planning operation at the Singareni Maternity Hospital (the Hospital) after which she suffered from abdominal pains. Her pains led to a diagnosis of Chronic Cervicitis for which she had to undergo a hysterectomy. …Read more

The petitioner challenged as ultra vires the provision requiring motorcyclists to wear protective helmets. The law exempted Sikhs who wear turbans while riding on motorcyclists. The petitioner claimed that this provision violated Article 19(a) of the Constitution, which, inter alia, confers the right on all citizens to practice any profession or to carry on any …Read more

Brindavan Colony was draining untreated sewage into the municipal underground pipeline and the Papireddy tank, which tank supplied water to the residents of Kavali. The Kavali municipality had failed to provide a proper drainage system, resulting in polluted water and the outbreak of mosquito-born epidemics. There was a nearby water supply scheme being built which, …Read more

The petitioner, Mr. T Ramakrishna Rao, was a member of the A.P. High Court Bar. He wrote a letter dated 13-12-1998 to the Andhra Pradesh High Court. The basis of the letter was a news article titled “A Victim of Urbanisation” published in an english daily, The Indian Express on 28-11-1998. The article highlighted the …Read more

D.K. Joshi, the Appellant, had filed a public interest litigation in the Allahabad High Court under Article 226 of the Constitution of India (original writ jurisdiction of High Courts) seeking directions against unauthorized and unregistered doctors in Agra, Uttar Pradesh (U.P.). The petition was dismissed on the ground that an enquiry should first be completed …Read more

A, the Petitioner, was a Master Chief Engine Room Artificer-II Class in the Indian Navy. In 1997, he was found to be living with HIV. He was put in low medical category but allowed to remain in service and complete 15 years of service, which made him eligible for pension and other benefits. In 1999, …Read more

Jahnabi Goswami Sharma was the wife of an “AIDS patient.” Her “miserable plight” prompted the Petitioner, Subodh Sharma, an independent social activist, to file a public interest litigation on behalf of people living with HIV and members of their family in the Gauhati High Court under Article 226 of the Constitution of India (original writ jurisdiction …Read more

Respondent industry sought to establish a new factory in the State of Andhra Pradesh to produce vegetable oils. The industry purchased land in Peddashpur village, within 10KM of two reservoirs that provided drinking water for 5 million people. In 1988, the Ministry of Forests and Environment established a “red” list of hazardous industries, including industry …Read more

Government employees and pensioners of the State of Punjab were the beneficiaries of a policy (the Policy) for reimbursement of medical expenses, which was adopted in February 1995, authorising treatment outside Punjab at rates determined by the State Medical Board. The Policy replaced an older Policy of the state government. An employee of the Punjab …Read more

Mr. X, the Appellant, was about to get married when it was found that he was living with HIV. “The marriage was called off on the ground of blood test conducted at the respondent’s hospital in which the appellant was found to be HIV(+).” As members of the Appellant’s family and community came to know …Read more

Petitioner, Sahara House, was a center for residential care and rehabilitation. The Petitioner filed a public interest litigation in the Supreme Court under Article 32 of the Constitution of India (original writ jurisdiction of the Supreme Court). The Petitioner sought directions from the Court to the effect that denial of treatment to persons living with …Read more

The Petitioner, S.K. Garg, filed a writ petition in the Allahabad High Court under Article 226 of the Constitution of India (original writ jurisdiction of High Courts). The petition brought to the Court’s attention the appalling and unhygienic condition of Government hospitals in the city of Allahabad. It was alleged that indigent patients had been …Read more

The Petitioner, Sahil Society for the Welfare of Aged Poor and Homeless, filed a writ petition as a public interest litigation in the Allahabad High Court. The petition was filed under Article 226 of the Constitution of India (original jurisdiction of High Courts). The Petitioner requested the Court to direct the Union of India to …Read more

The Central Government amended Rule 50 of the Employees’ State Insurance (Central) Rules, 1950 (the Rule) and increased the wage limit for insurance coverage of employees from Rs. 3,000 to Rs. 6,500. A writ petition was filed under Article 226 of the Constitution (original writ jurisdiction of High Courts) challenging the amendment on the ground …Read more

The Appellant, Meenakshi Pharma Distributors, had conducted various transactions with the authorities of the State of Karnataka for the sale of drugs. The contract stipulated that “if the payment is delayed beyond the period of 30 days, interest shall be payable at the rate of 15 per cent.” However, the trial court reduced the rate …Read more

The European Communities (EC) raised issue with India’s efforts to comply with Articles 70.8 and 70.9 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) due to the alleged absence of adequate patent protection for pharmaceutical and agricultural chemical products. Prior to this case, a panel decision addressed the situation in respect to …Read more