Direction to Private Charitable Hospitals to follow the policyof providing free treatment to persons belonging to economicallyweaker sections – Validity of – Government of NCT of Delhi by itscircular dated 2.2.2012 intimated respondent-hospitals to implementjudgment of Delhi High Court with regard to free treatment to weakersections of society, passed in Social Jurists case – Order of Land &Development Officer (L&DO) asking the hospitals who had beenallotted land by L&DO to strictly follow policy of providing freetreatment to economically weaker sections – Respondent-hospitals,since were not party in the Social Jurists case, challenged theconditions imposed by the Government of NCT of Delhi and L&DO– High Court quashed the orders passed by Govt. of NCT of Delhiand L&DO – On appeal, held: Land was obtained by the respondenthospitalsfor charitable purpose at concessional rates – When theGovernment land is allotted, the hospitals owe a duty to act in publicinterest – It is obligation of State as a welfare state to ensure basicnecessities food, nutrition, medical assistance etc. – Right to life u/Art. 21 includes right to health and thus also includes right ofpatients to be treated with dignity – u/Art. 47 State has to makeconstant endeavour to improve public health – It is also one of thefundamental duties enshrined u/Art. 51A(h) to develop scientifictemper, humanism and the spirit of inquiry and reform – The Statealso has to constantly make an endeavour for realization of humanrights agenda – Right to health is provided in Art. 25 of UniversalDeclaration of Human Rights of 10.12.1948 – Policy decision dated10.6.1949 as well as s. 2 of Charitable Endowments Act, 1890 makesit clear that running of hospitals is regarded as charitable activity– When the Government Land is obtained for charitable purpose,the Government is within its power to impose obligation of free treatment to economically weaker sections – On refusal to complyor on violation of the obligation, it is open to the lessor to terminatethe lease – Imposition of condition of free treatment to economicallyweaker section does not tantamount to a restriction imposed withinpurview of Art. 19(6) on the right enshrined u/Art. 19(1)(g) –Judgment in social jurists case is a binding precedent – The hospitalsin question and other similarly situated hospitals are directed toscrupulously observe the conditions framed in order dated 2.2.2012and in case of violation, the lease shall be cancelled – Constitutionof India – Arts 19(1)(g), 19(6), 47 and 51A(h) – Chari tableEndowments Act, 1890 – s.2 – Universal Declaration of HumanRights – Art. 25 – Hospitals.Hospitals:Conduct of hospitals – Indulging in inhumane act for the sakeof commercial exploitation such as keeping the dead body as securityfor clearance of bills – Held: Such conduct of the hospitals is perse illegal and criminal and tantamount to Criminal breach of trustreposed in the medical profession – In future whenever such act isreported to police, it is supposed to register a case againstmanagement of the hospital and the doctors involved in such act.Constitution of India:Art. 162 – Executive orders – In absence of legislation –Validity of – Held: There can be executive orders in absence oflegislation in the field – It is open to the State to issue executiveorders even if there is no legislation in support thereof, providedthe State could legislate on the subject in respect of which action istaken.Doctrines/Principles:Cy-pres doctrine – Applicability of.Words and Phrases:‘Charitable’, ‘Charitable purpose’, ‘Charitable Corporation’and ‘Charitable trust’ – Meaning of.