Case Note & Summary
The petitioner, Dr. Shivanandappa Doddagoudar, an Associate Professor at a Government First Grade College in Ranebennur, Karnataka, sought reimbursement of Rs. 13,95,464/- for medical treatment received at a non-empanelled hospital. The treatment was for an emergency condition. The respondents, including the State of Karnataka and the Suvarna Arogya Suraksha Trust, rejected the reimbursement claim on the ground that the hospital was not empanelled under the Ayushman Bharat scheme. The petitioner challenged the rejection orders dated 03/07/2024 and 31/08/2024 by filing a writ petition under Articles 226 and 227 of the Constitution. The court considered the issue of whether denial of reimbursement for emergency treatment at a non-empanelled hospital is arbitrary. The court held that the right to health is a fundamental right under Article 21, and the State cannot deny reimbursement on technical grounds when the treatment was emergent and life-saving. The court quashed the impugned orders and directed the respondents to reimburse the amount with interest at 6% per annum from the date of the claim until realization.
Headnote
A) Constitutional Law - Right to Health - Medical Reimbursement - Article 21 of the Constitution of India - Denial of reimbursement for emergency treatment at a non-empanelled hospital is arbitrary and violates the right to life - Held that the State cannot deny reimbursement solely on technical grounds when the treatment was emergent and life-saving (Paras 1-3).
Issue of Consideration
Whether the denial of medical reimbursement to a government employee for treatment obtained at a non-empanelled hospital during an emergency is arbitrary and violative of fundamental rights.
Final Decision
The court allowed the writ petition, quashed the impugned orders, and directed respondents to reimburse Rs. 13,95,464/- with interest at 6% per annum from the date of claim until realization.
Law Points
- Right to health
- Medical reimbursement
- Emergency treatment
- Ayushman Bharat scheme
- Article 21
- Writ of certiorari
- Writ of mandamus
Case Details
2020 LawText (KAR) (09) 65
WP No. 106571 of 2025 (GM-RES)
Sri. Harshawardhanagouda Patil (for petitioner), Sri. Sharad V. Magadum, AGA (for respondents)
Dr. Shivanandappa Doddagoudar
The State of Karnataka, The Executive Director Suvarna Arogya Suraksha Trust, The Director Collegiate Education Department, Under Secretary to Government (Collegiate) Higher Education Department
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution seeking quashing of orders denying medical reimbursement and direction for reimbursement.
Remedy Sought
Petitioner seeks writ of certiorari to quash orders dated 03/07/2024 and 31/08/2024, and writ of mandamus directing respondents to reimburse Rs. 13,95,464/- with interest.
Filing Reason
Denial of reimbursement for emergency medical treatment at a non-empanelled hospital.
Previous Decisions
Orders dated 03/07/2024 by respondent no. 4 and 31/08/2024 by respondent no. 2 rejecting reimbursement.
Issues
Whether denial of medical reimbursement for emergency treatment at a non-empanelled hospital is arbitrary and violative of Article 21.
Submissions/Arguments
Petitioner argued that denial of reimbursement for emergency treatment is arbitrary and violates right to life under Article 21.
Respondents argued that reimbursement cannot be made for treatment at non-empanelled hospitals as per scheme rules.
Ratio Decidendi
The right to health is a fundamental right under Article 21 of the Constitution. Denial of medical reimbursement for emergency treatment on technical grounds of non-empanelment is arbitrary and unsustainable. The State must reimburse such claims to ensure the right to life is not compromised.
Judgment Excerpts
The petitioner is before this Court seeking for the following reliefs: a. Issue the Writ in the nature of certiorari quashing the order passed by the respondent no. 4...
Learned AGA accepts notice for respondents Nos.1 to 4.
Procedural History
The petitioner filed WP No. 106571 of 2025 before the High Court of Karnataka at Dharwad challenging orders dated 03/07/2024 and 31/08/2024. The court heard the matter on preliminary hearing and passed the order on 10/09/2025.
Acts & Sections
- Constitution of India: Article 21, Article 226, Article 227
