[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PIL/W.P.NO.3132 OF 2004 WITH NOTICE OF MOTION NO.249 OF 2005 WITH NOTICE OF MOTION NO.367 OF 2005 WITH NOTICE OF MOTION NO.370 OF 2005 WITH NOTICE OF MOTION NO.386 OF 2005 WITH CHAMBER SUMMONS NO.185 OF 2005 WITH CHAMBER SUMMONS NO.210 OF 2005 WITH CHAMBER SUMMONS NO.392 OF 2007 WITH CHAMBER SUMMONS NO.245 OF 2006 Sanjiv Gajanan Punalekar ..Petitioner Vs. State of Maharashtra & Ors. ..Respondents ... None for Petitioner Mr.D.J.Khambata i/b Thakore Jaiwala for Respondent No.2. Mr.Ravi Kadam Advocate General with Ms.Geeta Shastri AGP for Respondent No.1. Mr.Monish Upadhye for Respondent No.2 Mr.J.K.Mistry Amicus Curiae Ms.Gauri Godse for Intervener Ms.Shobha Ajitkumar for B.M.C. Mr.S.R.Nargolkar for Applicant in Chamber Summons No.185 of 2005 Mr.L.M.Acharya for Respondent No.6. ... CORAM: BILAL NAZKI AND CORAM: BILAL NAZKI AND CORAM: BILAL NAZKI AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : APRIL 15, 2009 DATE : APRIL 15, 2009 DATE : APRIL 15, 2009 [-2-] P.C. P.C. P.C. 1. This Writ Petition was filed in public interest in the year 2004. The prayer in the petition was that State Government should be directed to formulate a Scheme containing a common Procedure, Rules and Guidelines with regard to admission of persons from poor sections in the Charitable hospital within the State of Maharashtra. From time to time, orders were passed by this Court and a Committee was also constituted to look into the matter which gave recommendations to the Court. Those recommendations were considered by the Court and by detailed order dated 17.8.2006, this Court gave directions to the Respondents to frame a Scheme. This Scheme, according to the learned Advocate General, as framed by the Court on the basis of recommendations of the Committee is already enforced and implemented and would be treated as a Scheme under Section 41AA of the Bombay Public Trust Act, 1950. The learned Advocate General further submits that because of the pendency of this petition, a formal Notification was not issued and formal Notification [-3-] declaring the above Scheme as Scheme under Section 41AA of the Act, would be issued shortly. Since the Scheme is now framed, therefore, we do not think any further orders are needed to be passed in this petition. We have gone through the directions given by the Court earlier and we feel that there are sufficient safeguards for the hospitals who may feel aggrieved by any action under the Scheme against them. In paragraph 13 of the Scheme framed by the Court in order dated 17.8.2006, the Court has stated as under: . "13. We clarify that the following two points have been left open to be reconsidered after one year of the implementation of the Scheme by the Charitable hospitals, viz., (one) the expenses incurred on indigent/weaker section patients to be billed against IPF at lowest rate charged by Charitable hospitals to the lowest class of patients and (two) the restoration of the concessions, reliefs and the benefits which have been withdrawn." [-4-] . If any of the hospitals wants any reconsideration of the issue under this clause of the Scheme, they are at liberty to approach the authority competent to decide under the scheme. 2. Petition is disposed of accordingly. In view of the disposal of the petition, Notice of Motion Nos.249 of 2005, 367 of 2005, 370 of 2005, 386 of 2005 and Chamber Summons Nos.185 of 2005, 210 of 2005, 392 of 2007 and 245 of 2006 taken out in the Petition, are also disposed of. [BILAL NAZKI, J.] [BILAL NAZKI, J.] [BILAL NAZKI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]