29.
Ms. Trehan stated that thereafter, however, a Constitution Bench of
the Supreme Court of India when deciding a challenge to the
constitutionality of a contributory medical scheme for ex-servicemen in the
case of Confederation of Ex-servicemen Assns. (supra) had held, "....No
State has unlimited resources to spend on any of its projects. Provisions
relating to supply of medical facilities to its citizens is not an exception to
the said rule. Therefore, such facilities must necessarily be made limited to
the extent finances permit. No right can be absolute in a welfare State. An
individual right has to be subservient to the right of public at large. She
pointed out that Supreme Court had concluded by observing, "We, therefore,
hold that getting free and full medical facilities is not a part of the
fundamental right of ex-servicemen".
30.
Ms. Trehan further stated that the Courts in the United Kingdom had
also had the opportunity to examine this issue.
In the case of R.V.
Cambridge Health Authority Ex pare B (A Minor) [1995] EWCA Civ 49,
where the treatment for a child suffering from non-Hodgkins Lymphoma
had failed and treatment that was considered experimental was sought under
the National Health Service of the UK, the Court refused to intervene while
acknowledging the strain on resources and that the question of allocation of
resources was a policy decision observed that, "Difficult and agonising
judgments have to be made as to how a limited budget is best allocated to
the maximum advantage of the maximum number of patients. That is not a
judgment which the Court can make". The Court concluded that, "I have no
doubt that in a perfect world any treatment which a patient, or a patient's
family, sought would be provided if Doctors were willing to give it, no
matter how much it cost, particularly when a life was potentially at stake. It
W.P.(C) 7279/2013
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