Bombay High Court

LATA MANGESHKAR MEDICAL FOUNDATIONversusTHE STATE OF MAAHARASHTRA THR SECRETARY DEPT. OF LAW AND JUDICIARY AND ANR

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The Court disposed of the petition, directing the Government to consider the petitioner’s representation and amend the scheme if necessary.

Summary

The Lata Mangshkar Medical Foundation filed a writ petition seeking modification of a medical scheme notified by the Government of Maharashtra, which was originally framed under the Court's order dated 17 August 2006 in Writ Petition (PIL) No.3132 of 2004. The Foundation argued that advances in medical science, such as implants and stents, have rendered certain clauses of the scheme obsolete and that the State should revise them. The State Government, through its Government Pleader, indicated willingness to consider the Foundation's representation dated 28 October 2020 and to amend the scheme if necessary. The Court observed that there was no justification to keep the petition pending, given the Government's expressed readiness to act on the representation. Consequently, the Court disposed of the petition, directing the Government to examine the representation and make any required modifications. The order effectively leaves the matter to the executive for further action.

Issues considered

Whether the Court can compel the Government of Maharashtra to amend a scheme that was notified pursuant to an earlier Court order.
Whether the representation submitted by the petitioner suffices as a basis for the Government to modify the scheme.
Whether the earlier judicial order bars revisiting the scheme in light of changed medical circumstances.

Subjects

scheme amendment
medical science advancements
writ petition
government representation
judicial review
public interest litigation

Judgment

                        Digitally
                        signed by                       17-WP-993-2024.DOC
                        CHITRA
               CHITRA   SANJAY
               SANJAY   SONAWANE
               SONAWANE Date:
                        2026.08.24
                        18:50:41
                        +0530




                                                                  Chitra Sonawane.

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO. 993 OF 2024
Lata Mangshkar Medical Foundation                             …Petitioner.
      Versus
The State of Maharashtra & Anr.                           …Respondents


Mr SR Nargolkar, Advocate a/w Mr SS Nargolkar for the Petitioner.
Smt Neha Bhide, GP a/w Smt Shruti Vyas, Addl GP a/w Mr AR
      Deolekar, AGP for State.
Mr Avinash Joshi,Advocate for Respdt No.3.


                         CORAM:           SUMAN SHYAM &
                                          ADVAIT M. SETHNA, JJ.
                         DATED:           19th AUGUST 2026.
PC:-


1.     Heard Mr.SR Nargolkar, learned Counsel for the Petitioner,
Smt.Neha Bhide, learned Government Pleader for the State and
Mr. Avinash Joshi for Respondent No.3.

2.     The main issue involved in this writ petition instituted by the
Foundation as Petitioner, is pertaining to the Scheme notified by
the Government of Maharashtra, as per the Order dated 17th
August, 2006, passed by a Division Bench of this Court in Writ
Petition (PIL) No.3132 of 2004.

3.     According to the learned Counsel for the Petitioner, certain
Clauses of the Scheme have outlived their utility due to the
advancements in medical science, warranting modifications of
those Clauses. Highligting the changes that are called for in the




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                                                        17-WP-993-2024.DOC




present   day   context,   the       Petitioner   has   also   submitted
representation dated 28th October 2020, addressed to the Hon'ble
Chief Minister of Maharashtra. However, since the earlier scheme
was framed, finalised and notified in terms of observations and
directions contained in the Order dated 17th August, 2006 passed
by this Court, the State Government is relunctant to revisit the
same. Hence, this Writ Petition.

4.    Mr.Nargolkar, learned Counsel for the Petitioner, in support
of his arguments, has submitted that the changed circumstances
justifies modifications/replacement of certain Clauses in the
existing Scheme. Therefore, the previous order of this Court cannot
be a justifiable ground to refuse to modify the scheme if the
attending facts justify the same. He submits that issues such as
medical implants, stents etc. were not envisaged in the previous
Scheme, thus, causing serious operational problem for the
Petitioner.

5.    On instructions from the departmental officials, the learned
AGP, Ms Bhide, has submittted that if a direction is issued by this
Court, then the Government will consider the Representation dated
28th October 2020 (Exh. E), and if necessary, suitable amendments
will be carried out in the Scheme. In view of the above, we do not
find any justifiable ground to keep this writ petition pending
before this Court any further.

6.    The writ petition is, therefore, disposed of by oberving that it
will be open for the Government of Maharashtra to consider the
projections made in the Representation (Exh.E) dated 28 th October
2020 submitted by the Petitioner and if necessary, to carry out




                                 Page 2 of 3
                                                   17-WP-993-2024.DOC




necessary modification in the Scheme so as to align the same with
the present day needs and developments in medical science.

7.    With the above directions, the Petition is Disposed of.




(ADVAIT M. SETHNA, J.)                        (SUMAN SHYAM, J.)
                                                                    {




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