"The operation of the order dated February 2 (by which the Centre sought to insert a term asking it to give free treatment to the poor) is stayed," Justice Manmohan Singh said.
The court also asked the Ministry of Urban Development and the Delhi government to file their replies to St Stephens Hospital Society's plea against the Centre's move within six week and fixed the matter for further hearing on September 19.
St Stephens Hospital, a minority institution which got the land from the Centre by way of a perpetual lease deed in 1970, had moved the court against the executive order by which a condition was sought to be inserted in its lease deed for free treatment to the poor by it.
Unlike other private hospitals, which also got the land from the government, the lease deed, executed between St Stephens and the Centre, does not have a clause making it mandatory for the missionary hospital to give free treatment to poor, Rajeev Sharma, counsel for the hospital, said.
"The said unilateral amendment of the perpetual lease deed executed in terms of the Article 299 of the Constitution by way of an executive order is ex-facie without jurisdiction, arbitrary, illegal and violative of constitutional schemes.
"The society is a more than 127-year-old missionary hospital ...Without there being any legal obligation to do so, the petitioner (the hospital) having regard to its missionary objectives has voluntarily been providing free care to a large number of patients, the free care being provided to more than 30 per cent to out-patients and 12-17 per cent in-patients and the value of such care being in the region of Rs 30 crore," the petition said. (More)
