New Delhi: The Delhi High Court has made it clear that if ordinary patients are unable to get necessary treatment because government hospitals were declared Covid centres during the pandemic and they have to undergo treatment at a private hospital, the government cannot refuse reimbursement of medical expenses. The court has directed the Delhi government to pay, within eight weeks, the remaining amount of Rs 11.83 lakh spent on the treatment of the wife of accredited journalist Ravinder Gupta.
A bench of Justice Amit Mahajan, in its October 29 judgment, set aside the order issued by the Director of Health Services on July 21, 2025, which had rejected the journalist’s medical reimbursement claim. The court said the circumstances of a strike in a government hospital and a hospital being declared a Covid centre may be different, but in both situations ordinary patients do not get regular medical services.
According to the case, Ravinder Gupta’s wife needed urgent surgery in August 2021. He had gone to GB Pant Hospital for treatment, but as the required facility was not available there, she was referred to Sir Ganga Ram Hospital. She was later treated at Sir Ganga Ram Hospital and Sir Ganga Ram City Hospital. Reimbursement had been sought for the remaining amount of Rs 11,83,105.21 spent on the treatment.
Gupta had filed the claim under the Delhi Press Reporter and Medical Aid Rules, 1955. However, the health department had refused payment, saying the surgery was not an emergency.
The High Court did not accept the government’s argument and said the patient had to go to a private hospital because treatment was not available at the government hospital. The court quashed the order rejecting the reimbursement claim. It also gave the government liberty to recover the amount from the officer responsible for not filing the counter-affidavit.
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