A Special Division Bench, comprising Justices K N Basha and N Paul Vasanthakumar, in their common order, said the policy decision cannot be stated to be in haste or waste. It could also not be stated to be arbitrary or whimsical.
"On the contrary it would promote and protect the interest of the public at large, more particularly weaker sections, for getting better and expert treatment for serious ailments."
Observing that a division Bench had already dismissed the petitions, the bench said the orders had not been challenged and the matter had attained finality. The same issue could not be raised again, it said.
The bench made it clear that government should take steps for giving treatment to the poor and deserving free of cost.
"Existence of other hospitals like Rajiv Gandhi Government General hospital, Stanley hospital, Kilpauk medical college hospital and other private hospitals for the population of Chennai city of about one crore is not sufficient for the purpose of getting specialised treatment by the poor, middle class and down trodden people," it said.
The bench said government must keep in mind that setting up of the hospital should serve the poor, middle class and downtrodden, who are unable to get specialised treatment for serious ailments like heart, kidney and liver and for transplantation of vital organs, for which they incur heavy expenditure. "Thus, the proposed decision to convert A Block was per se in the interest of the public," it said.
The Legislative Assembly had also approved the decision and so the court could not interfere with it, the bench said.
Noting that material placed before them by the government showed that specialised doctors and experts from reputed hospitals have visited the new building and government had taken further steps only based on their opinion, the bench said: "The said decision of the Government is perfectly legal and valid."
