Bombay High Court

RATAN ASARAM WAGHversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The Court held that it cannot issue a direction to the Government to include the disease in the reimbursement scheme and dismissed the writ petition.

Summary

Ratan Asaram Wagh, suffering from alcoholic liver cirrhosis, applied to the Education Officer for reimbursement of liver transplant expenses, but was denied because the disease was not listed in the Government's medical reimbursement scheme. He filed a writ petition under Article 226 seeking a direction to include his disease in the scheme. The State argued that inclusion of diseases is a policy matter for the Government and not justiciable. The Court examined the prayer and held that it cannot compel the Government to amend its reimbursement policy. Consequently, the petition was dismissed without any order as to costs.

Issues considered

Can a High Court, under Article 226, direct the Government to include a specific disease in its medical reimbursement scheme?
Does the denial of reimbursement for a disease not covered by the scheme violate any statutory or constitutional right of the petitioner?

Subjects

medical reimbursement
government health scheme
Article 226
policy matter
writ petition
alcoholic liver disease
judicial review

Judgment

2026:BHC-AUG:19423-DB


                                                1               7-CA 5015-2026.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 CIVIL APPLICATION NO. 5015 OF 2026
                                          IN WP/9335/2016

                 Ratan Asaram Wagh                                         .. Applicant

                        Versus

                 The State Of Maharashtra
                 Through Its Principal Secretary And Others                .. Respondents

                                              WITH
                                  WRIT PETITION NO. 9335 OF 2016

                 Ratan Asaram Wagh                                         .. Petitioner

                        Versus

                 The State Of Maharashtra
                 Through Its Principal Secretary And Others                .. Respondents

                 Mr. Ashok D. Raut, Advocate for Applicant/Petitioner.
                 Mr. K. B. Jadhavar, AGP for Respondent-State.

                                         CORAM : KISHORE C. SANT AND
                                                 SUSHIL M. GHODESWAR, JJ.
                                         DATE       :   28th APRIL, 2026.

                 PER COURT :-

                 CIVIL APPLICATION NO. 5015 OF 2026 :

                 1.     Heard learned advocate for the applicant.


                 2.     For the reasons stated in the application, the application

                 stands allowed. The petition is taken up for hearing immediately.
                              2              7-CA 5015-2026.odt


WRIT PETITION NO. 9335 OF 2016 :


1.    Heard learned advocate for the petitioner.


2.    A prayer in this petition is to include the disease like liver

Cirrhosis in the scheme of the Government for medical

reimbursement or expenses be provided under such scheme. In

the present case, the petitioner was suffering from disease liver

Cirrhosis.   The petitioner was diagnosed with Alcoholic liver

disease child “C” status. He was required to undergo treatment of

liver transplant. On undergoing surgery the petitioner applied on

16.04.2013 to the Education Officer for reimbursement of the

expenses. The petitioner in his representation to the Education

Officer (Secondary), Zilla Parishad, Aurangabad stated that the

said disease is not included in the Government scheme.            He

submitted that, as a special case, the proposal be sent to the

Government for sanction to the reimbursement of the expenses.

The Education Officer vide communication dated 18.04.2013

informed to the petitioner that as per the Civil Surgeon's report

the said disease is not included in any of the policies of the

Government and rejected the said proposal.
                               3             7-CA 5015-2026.odt


3.    The learned advocate for the petitioner vehemently argued

that from time to time diseases are included for giving

reimbursement. Therefore, the Government needs to be directed

to include even the present disease in the list of the diseases

covered under the policies for reimbursement.


4.    The learned A.G.P. submits that, it is for the Government to

consider the causes of the disease and to include the diseases in

the policies. Here the petitioner has suffered the disease which is

not included in the policy of the Government and it is for this

reason the representation is rightly rejected. He submits that, no

fault can be found with the impugned communication. So far as

prayer as regards inclusion of disease is concerned, he submits

that, it is the policy matter of the Government.          For the said

purpose the Court need not issue writ under Article 226 of the

Constitution. He thus prays for dismissal of the writ petition.


5.    This Court heard the submissions of both the parties.

Looking to the prayer it is clear that, the prayer is for direction to

the Government to include the disease regarding Alcoholic liver

disease child “C” status in the list of the diseases covered under

the policies for reimbursement. Thus, this Court finds that, no
                              4               7-CA 5015-2026.odt


such direction can be issued.     There is no merit in the writ

petition. The writ petition deserves to be dismissed and the same

is hereby dismissed. No order as to costs.



( SUSHIL M. GHODESWAR, J.)                   ( KISHORE C. SANT, J. )




P.S.B.

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