APOLLO MULTISPECIALITY HOSPITALS LIMITED AND ANR vs STATE OF WEST BENGAL AND ORS.

IN THE HIGH COURT AT CALCUTTA
(Constitutional Writ Jurisdiction)
APPELLATE SIDE

Present:
The Hon’ble Justice Krishna Rao

W.P.A. No. 26195 of 2024

Apollo Multispecialty Hospitals Limited & Anr.
Vs.
State of West Bengal & Ors.


Mr. Sarvapriya Mukherjee
Mr. Deepan Kumar Sarkar
Mr. Biswajit Kumar
Mr. Raja Baliyal
Mr. Rajarshi Ganguly
Ms. Mahima Cholera
Mr. Aayush Lakhotia
....For the petitioners.

Mr. Kishore Dutta, Ld. AG
Mr. Himadri Sikhar Chakraborty
Ms. Susnita Saha
…. For the State.
Mr. Atarup Banerjee
Mr. Rajdeep Pramanik
Ms. Simika Roy
….For the respondent no.3.

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Ms. Kavita Saraff
Mr. Shibanjan Paul
….For the respondent no.8.

Hearing Concluded On : 06.05.2026
Judgment On : 08.05.2026
Krishna Rao, J.:

1. The Apollo Multispecialty Hospitals Limited, Kolkata, filed the present
writ petition praying for a direction upon the respondent nos.1 and 2
to frame and notify appropriate guidelines to address the issue of the
patients overstaying in private hospital despite discharge without
having anyone to take them home so that such persons can be shifted
to such State-run facility and to extend the said benefit to the patient,
namely, Ms. Poonam Gupta, the added respondent in the present case,
presently admitted at the petitioners’ hospital.

2. The respondent no.8, namely, Jaiprakash Gupta brought his wife,
namely, Ms. Poonam Gupta to the emergency department of the
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petitioners’ hospital on 15 September, 2021, with a history of fall from
two-wheeler as she was travelling as a pillion rider. Considering the
emergency situation, the patient was admitted immediately in the
hospital with severe traumatic head injury and thereafter underwent
emergency craniotomy.

3. The private respondent refused to pay any bill amount for the
treatment of his wife other than Rs. 15,000/- which he has paid at the

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time of admission. The private respondent refused to take his wife from
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hospital. On 9 February, 2022, the petitioners’ hospital made a
complaint to the concern police station and also informed that huge
amount of unpaid dues are pending against the patient who got
treatment in the petitioners’ hospital.

4. The petitioners’ hospital made a complaint to the West Bengal Clinical
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Establishment Regulatory Commission (WBCERC) on 10 May, 2024.
The Commission has issued notice to the private respondent to appear
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before the Commission on 24 May, 2024 but the private respondent
did not appear before the Commission, accordingly, the Commission
has disposed of the complaint filed by the petitioners’ hospital by
directing the petitioners to approach before the Court of law.

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5. The total bill for the treatment of the patient as indoor patient from 15
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September, 2021, till 30 September, 2024, is Rs.1,09,03,348/- out of
which the private respondent has paid only an amount of Rs. 15,000/-
at the time of admission and Insurance Company approved an amount
of Rs. 5,70,000/-, the remaining amount and further charges of
treatment till date is due and payable.

6. The petitioners’ hospital submits that the patient has recovered from
her injury and is not required any treatment as indoor patient. Learned
Counsel for the petitioners’ hospital submits that the private
respondent is neither taking care of his wife nor is paying the charges
of the hospital for the treatment provided to the patient.

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7. The private respondent appeared before this Court and submits that he
is not financially sound to pay the charges to the hospital and is also
not in a position to take care of his wife. He further submits that the
hospital has not provided proper treatment due to which the conditions
of the patient become worsen.

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8. This Court by an order dated 10 March, 2026, directed the Medical
Superintendent of Calcutta Medical College to appoint a senior
specialist or senior doctor from the Calcutta Medical College to visit at
the petitioners’ hospital and to examine the patient to ascertain the
condition of the patient whether she can be released from the hospital,
if she is released, further regular treatment is required or not, if regular
treatment is required, the Calcutta Medical College be able to provide
such treatment to the patient.

9. In compliance with the order, the Medical Superintendent of Calcutta
Medical College has constituted a Committee comprising of experts
from various disciplines to ascertain the condition of the patient at the
petitioners’ hospital consisting of the following members:
SL.
No.
Name Designation Position
1. Prof. Arunansu
Talukdar
Head, Department of
Geriatric Medicine,
MCHK

Chairperson

2. Prof. Sandip Pal Head, Department of
Neurology, MCHK

Member
3. Prof. Soumya
Sarathi Mondal
Professor,
Department of
General Medicine,
MCHK
Member

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4. Dr. Prasenjit
Mukhopadhyay
Associate professor,
Department of
General Surgery,
MCHK

Member
5. Dr. Monami Roy Assistant Professor,
Department of gynae
and obs, MCHK

Member
6. Mr. Kazi Gowsas
Salam
Assistant Super (non-
medical), MCHK

Member


10. The Committee after examination of the patient, has submitted report
which reads as follows:
“The present condition of the patient are
as follows,

1. Patient is conscious and responding by
gesture

2. Her Glasgow coma scale score is E4V T M6

3. Patient is hemodynamically stable.

4. She has spastic hemiparesis involving left
half of the body, with secondary
contracture.

5. Patient is on tracheostomy tube for tracheal
stenosis.


6. Her last visit to ICU was around two years
back.

7. There is no bed sore present,

8. She is off anti-convulsant for last two years
without any recurrence of convulsion.

9. She can feed herself.

10. She is presently wheelchair bound.

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11. Patient is not on external oxygen
supplementation, Ryles tube feeding or any
IV medication.

Conclusion & Recommendation:

 Thus, we had come to the opinion that
patient can be discharged for homestay.

 She needs physical rehabilitation which can
be done at home.

 Her tracheostomy tube care consisting of
periodic cleaning and suction (SOS) can be
done at home by a trained paramedical
staff.

 Change of tracheostomy tube which might
be required at a gap of around 6 moths
interval; this can be done by critical care
specialist or ENT Surgeon as and when
required at any hospital or nursing home
having that facility.”


11. The copy of the report submitted by the Committee was supplied to the
respondent no.8 to take exception, if any, but the respondent no.8 has
not filed any exception to the said report.

12. Learned Counsel appearing for the State respondent submits that if the
patient requires any treatment, the same can be provided to the patient
at any Government Hospital at Kolkata having such facilities on priority
basis. The State has submitted the report, which reads as follows:

“ 1. The State Urban Development Agency functions
under the auspices of the Department of
Urban Development and Municipal Affairs for
implementation and monitoring of development
schemes in municipal bodies of the State.

2. Shelters for Urban Homeless (SUHs), commonly
termed as ‘Shelters’ are constructed under the

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Deendayal Antyodaya Yojana-National Urban
Livelihoods Mission (DAY-NULM) programme
and run by different Urban Local Bodies for
accommodating persons having no shelter over
their heads. All the 70 functional Suhs are
being used for this purpose only (List of SUHs
enclosed at Annex-A).

3. No shelter in West Bengal is meant for purposes
other than the above.

4. A shelter having approximately a capacity of
50 (fifty) beds in manned by three Caregivers
and one Shelter Manager. None of the shelter
staff is having the experience and expertise of
handling ailing or recovering patients. In case
of medical needs and emergencies of inmates,
services of Urban Primary Health Centre run
by Urban Local Bodies (ULBs) themselves and
nearby government hospitals are utilized.”


13. The report submitted by the Committee reveals that the patient does
not require any treatment as indoor patient and the same can be
provided at home by a trained paramedical staff and change of
tracheostomy tube which might may require at a gap of around six
months interval, the same can be done at critical care specialist or ENT
Surgeon at any hospital.


14. Taking into consideration of the report submitted by the Committee,
State and the submissions made by the Learned Counsel for the
respective parties and the respondent no.8, the writ petition is disposed
of with the following directions:
(i) The respondent no.8 is directed to take his
wife (patient) to his residence after discharge
from the petitioners’ hospital within a week
from date and to take proper care of his wife
(patient).

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(ii) If the patient requires any treatment, the
respondent no.8 shall immediately take her to
Medical College Hospital or any of the
government run hospital which is convenient
to the patient.

(iii) If the patient is taken to any government run
hospital for the treatment or review, the
hospital authorities shall provide all medical
facilities to the patient immediately.

(iv) If in future the government run hospital finds
that the patient is required treatment as
indoor patient, the hospital authorities shall
admit the patient and provide all necessary
treatment.

(v) Before discharge of patient from the
petitioners’ hospital, the state authorities shall
provide wheel chair to the patient free of cost.

(vi) The respondent no.8 is not in a position to pay
the hospital bill for the treatment of the
patient, the petitioners’ hospital shall not claim
any bill amount from the patient or from the
respondent no.8 but is at liberty to claim
through Insurance Company if law permits.


15. This order is passed in peculiar circumstances; the same cannot be
treated as precedent in future in any other case.


16. WPA No. 26195 of 2024 is disposed of .
Parties shall be entitled to act on the basis of a server copy of the
Judgment placed on the official website of the Court.

Urgent Xerox certified photocopies of this judgment, if applied for,
be given to the parties upon compliance of the requisite formalities.

(Krishna Rao, J.)