PANAJI
The Bombay High Court at Goa disposed of a petition filed challenging the high rates charged by hospitals for Covid-19 treatment after the Goa government told the court that a similar petition is being heard before the Supreme Court as well as that on the issue of the allegedly exorbitant rates being charged by private hospitals those who are affected could always avail of government hospitals.
When the matter came up for hearing the counsels for the respondents pointed out that a similar petition was being heard by the Supreme Court in the form of a Suo Motu Writ Petition which had asked the government to respond on various issues concerning Covid-19 treatment and facilities.
However, Adv Nigel Costa Frias representing the petitioner Dr Aquaviva Fernandes pointed out that the Supreme Court was not seized with the matter of the price being charged by the private hospitals.
In response, the Goa government through Adv Devidas Pangam told the court that the State Hospitals and Agencies are carrying out the COVID tests free of charge and the rates which the petitioner was challenging related only to private hospitals.
“If any persons find the rates unaffordable, it is always open to such persons to avail of the Government facilities - free of charge,” Adv Pangam, said which prompted the High Court to dispose of the petition.
“Since, most of the issues raised in this Petition are subject matter of the suo motu writ petition pending before the Hon’ble Supreme Court, it will not be appropriate for this Court to adjudicate upon the very same issues. The submission/statement made by the Advocate General in relation to the rates for COVID tests, to a substantial extent redresses the grievance on this issue, as well.”
Dr Fernandes had also argued that “the bad conditions prevailing in government run hospitals and the completely over stretched infrastructure deter the general public from getting admission in government Hospitals.
“[On account of] the low capacity for admission of COVID-19 patients and exceedingly overcrowded wards at Government Hospitals, symptomatic COVID-19 positive patients are forced to move from pillar to post seeking admission, ultimately compelled to resort to treatment at Private Hospitals,” Dr Fernandes said in his petition.
Dr Fernandes in his petition termed the rates fixed by the Goa government as arbitrary, unreasonable and discriminatory thereby violating the fundamental rights enshrined under Articles 14 and 21 of the Constitution of India and needs to be revisited and modified in favour of the interest of public health and safety at large.”
