Delhi High Court

Delhi High Court: The present public interest petition was filed to include Indian healthcare systems which were, Ayurveda, Yoga, Naturopathy, Siddha, Unani, Homeopathy in the National Health Protection Mission, Pradhan Mantri Jan Arogya Yojana (‘PM-JAY’) i.e., Ayushman Bharat Scheme. The Division Bench of Manmohan, ACJ., and Manmeet Pritam Singh Arora, J., allowed the application and restored the matter to its original status, which was dismissed in default and on account of non-prosecution vide order dated 29-1-2024. The Court further directed Respondent 2 to treat the present writ petition as a representation and to decide the same by way of a reasoned order as expeditiously as possible.

Petitioner stated that while India boasts of various indigenous medical systems, including Ayurveda, Yoga, Naturopathy, Siddha, Unani, Homeopathy, etc. which were highly effective in addressing the healthcare needs of the present time, the Ayushman Bharat Scheme predominantly covered and was limited to allopathic hospitals and dispensaries and thus did not do full justice to India’s rich traditions.

The Court noted that the Ministry of Ayush in coordination with Ministry of Health and Family Welfare was already taking steps to include Indian Health Care System which was, Ayurveda, Yoga and Naturopathy in the National Health Protection Mission, Pradhan Mantri Jan Arogya Yojana (PM-JAY) i.e., Ayushman Bharat. Thus, the Court after considering these facts and the fact that the present writ petition was filed without making any prior representation to respondents, disposed of the present writ petition, directing Respondent 2 to treat the present writ petition as a representation and to decide the same by way of a reasoned order as expeditiously as possible.

The Court stated that if petitioner was aggrieved by the decision taken by respondents, he was at liberty to file appropriate proceedings in accordance with law.

[Ashwini Kumar Upadhyay v. Union of India, 2024 SCC OnLine Del 2631, Order dated 5-4-2024]


Advocates who appeared in this case :

For the Petitioner: Petitioner in person

For the Respondent: Kirtiman Singh, CGSC; Shreya V. Mehra, Waize Ali Noor, Advocates

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