Arif Shah v. The Government Of Maharahshtra Thr Office Govt Pleader And ORS

Neeta Sawant 5-PIL-18-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 18 OF 2025 Mr. Arif Shah .....Petitioner :Versus:

The Government of Maharashtra and Ors. ....Respondents None for the Petitioner/Appellant.

Mrs. Neha Bhide, Government Pleader with Mr. Kedar Dighe, Additional Government Pleader and Ms. Vrishali Raje, AGP for the Respondent Nos. 1, 2, 5, 6 and 7-State.

CORAM : ALOK ARADHE, CJ. & SANDEEP V. MARNE, J.

DATED : 14 JULY 2025.

P.C :

1) None for the Petitioner even when the matter is called out on second call.

2) In this petition filed as PIL, the Petitioner inter-alia has assailed the validity of the impugned Notification dated 2 March 2023 and Circular dated 31 October 2023.

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Neeta Sawant 5-PIL-18-2025 3) Perused the records of the case. Heard Mrs. Bhide, the learned Government Pleader appearing for State. The Petitioner seeks quashment of the impugned Notification dated 2 March 2023 and Circular dated 31 October 2023 issued by the Department of Law & Justice, Government of Maharashtra by which the constitution of the Committee of Doctors in various hospitals for reserving the beds for indigent and weaker sections of the society has been cancelled and instead a State Level Special Desk has been set up to make available to the patients beds in Charitable Hospitals of the District. According to the Petitioner, the aforesaid Circular would result in corruption and malpractices and the scheme made for the benefit of indigent and weaker patients would not be implemented. The Writ Petition is based on apprehension of the Petitioner.

4) The impugned decision, as well as the Circular is in the realm of the policy decision. The scope of interference in the policy decision taken by the Courts is well settled. The impugned decision neither seems to be arbitrary nor irrational warranting interference of this Court in exercise of powers of judicial review. In the result, we do not find any merit in the petition. The same fails and is hereby dismissed. [SANDEEP V. MARNE, J.] [CHIEF JUSTICE] Digitally signed by NEETA SHAILESH SAWANT Date:

2025.07.16 17:39:30 +0530 NEETA SHAILESH SAWANT _____________________________________________________________________________ Page No.

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