policy is concerned in our view it is not normally within the
domain of any court, to weigh the pros and cons of the policy
or to scrutinize it and test the degree of its beneficial or
equitable disposition for the purpose of varying, modifying or
annulling it, based on howsoever sound and good reasoning,
except where it is arbitrary or violative of any constitutional,
statutory or any other provision of law. When Government
forms its policy, it is based on a number of circumstances on
facts, law including constraints based on its resources. It is
also based on expert opinion. It would be dangerous if court is
asked to test the utility, beneficial effect of the policy or its
appraisal based on facts set out on affidavits. The court would
dissuade itself from entering into this realm which belongs to
the executive. It is within this matrix that it is to be seen
whether the new policy violates Article 21 when it restricts
reimbursement on account of its financial constraints.
26. When we speak about a right, it correlates to a duty upon
another, individual, employer, government or authority. In
other words, the right of one is an obligation of another.
Hence the right of a citizen to live under Article 21 casts
obligation on the State. This obligation is further reinforced
under Article 47, it is for the State to secure health to its
citizen as its primary duty. No doubt the Government is
rendering this obligation by opening government hospitals and
health centres, but in order to make it meaningful, it has to be
within the reach of its people, as far as possible, to reduce the
queue of waiting lists, and it has to provide all facilities for
which an employee looks for at another hospital. Its upkeep,
maintenance and cleanliness has to be beyond aspersion. To
employ the best of talents and tone up its administration to
give effective contribution. Also bring in awareness in welfare
of hospital staff for their dedicated service, give them
periodical, medico-ethical and service-oriented training, not
only at the entry point but also during the whole tenure of their
service. Since it is one of the most sacrosanct and valuable
rights of a citizen and equally sacrosanct sacred obligation of
the State, every citizen of this welfare State looks towards the
W.P.(C) 7279/2013
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