People For Better Treatment (Pbt) v. The State Of West Bengal And ANR

30.01.2025 Item No.2 PG/KS Ct. No.1 W.P.A.(P) 97 of 2021 People for Better Treatment (PBT) Through its Vice President Mihir Banerjee

Versus

The State of West Bengal & ors.

Dr. Kunal Saha.................for the petitioner Mr. Kishore Datta, Ld. Advocate General Mr. Anirban Ray, Ld. G.P.

Mr. Supratim Dhar Mr. Nilotpal Chatterjee........for the State

1. This writ petition, filed as a public interest litigation by an organisation called as People for Better Treatment seeks for declaring the Swasthya Sathi Scheme as unconstitutional.

2. After we have elaborately heard the petitioner appearing in person, we are unable to decipher as to on what ground the petitioner terms the Scheme as unconstitutional or violative of Article 14 of the Constitution of India. What we can decipher from the submissions of the petitioner appearing in person is that the Scheme should be implemented regardless of the size of the family etc.

3. The Courts cannot compel the Government to formulate a Scheme in a particular manner. These are all policy decisions taken by the Government bearing in mind the need of the citizens of the State. Therefore, we find no

ground to issue the nature of relief sought for in this writ petition.

4. With the aforesaid observations the writ petition is dismissed.

5. No costs.

6. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)