1. The 1st petitioner is a Charitable Educational Trust and the 2nd petitioner is a Medical College in Wayanad District established by the 1st petitioner. The petitioners are before this Court seeking to declare that they are entitled for a sum of ₹2,49,61,861/- towards charges for treating Tribal patients pursuant to Exts.P1 and P2 along with interest at the rate of 12% per annum till payment. The petitioners also seek consequential directions.
2. The 2nd petitioner-Medical College is established in a Tribal area where 36% of population consists of Tribal sects. There is no Government Medical College or Tertiary Care Hospital in the District. The College is NAB accredited. During March-April 2020 all Government Hospitals in the District were converted as exclusive Covid Care Centres. Thereupon, the 3rd respondent-District Collector, as per Ext.P1, required the petitioners to ensure treatment facilities of tribal population. The Integrated Tribal Development Project, the 4th respondent, as per Ext.P2, has informed the petitioner that the treatment expenses in respect of tribal people will be borne by the 4th respondent. Bills were directed to be made available each month.
3. The petitioners started giving treatment to the tribal patients and sent Ext.P3 series of monthly bills. The respondents, however, did not honour the Bills. The amounts due to the petitioners has crossed ₹2 Crores. The petitioner sent Ext.P4 letter to the second respondent as also Ext.P5 email. The respondents have not been paid the amounts due to the petitioner so far. The respondents and in particular the 4 th respondent, is duty-bound to compensate the petitioners for the treatment facilities extended to the tribal patients, contend the petitioners.
4. The second respondent filed a statement and submitted that the total amount claimed by the petitioners is ₹2,49,61,861/-. But, the proposal submitted by Administrative Department (SCSTDD) for fund release is only for ₹63,01,222/-. On verification of the proposal submitted for fund release, several discrepancies have been noticed by the second respondent. Therefore, the Finance Department called for further documents/information for detailed scrutiny.
5. The second respondent stated that it is the Scheduled Caste and Scheduled Tribe Development Department which is the Administrative Department. The request for ₹2,49,61,861/- has not been received at Finance Department. The request of the petitioners for disbursing the outstanding dues, is being examined by Government with reference to existing norms and regulations. The Finance Department has issued a note to the SCST Development Department stating that after verifying the authenticity of the documents and after issuing the administrative sanction order for releasing the amount of ₹63,01,222/-, the amount can be released. 6. I have heard the learned counsel for the petitioners and the learned Special Government Pleader (SC and ST).
7. It is an admitted position that the District Collector as per Ext.P1 letter has required the petitioners to provide free treatment to the tribal people. By Ext.P2, the 4th respondent has assured that the expenses for treating the tribal people will be born by the fourth respondent. The petitioners were required to send monthly bills promptly. It is evident from Ext.P3 series that the petitioners have sent monthly bills promptly. However, the bills have not been honoured.
8. The reason advanced by the respondents for nonpayment of bills is that the Administrative Department has made proposal for release of funds to the extent of ₹63,01,222/- alone. According to the respondents, on verification of the proposal for fund release, several discrepancies have been noticed by the second respondent. The Finance Department has called for more documents/information for detailed scrutiny.
9. It is not in dispute that the petitioners have provided medical treatment facilities to the tribal people at the instance of the respondents and on an assurance that the expenses will be met by the respondents. The petitioners have submitted Ext.P3 series bills. The respondents are at liberty to seek clarification from the petitioners or supporting documents, if the respondents have any doubt relating to the amount claimed. However, that cannot be a reason to indefinitely delay payment for the services rendered by the petitioners.
10. In the facts and circumstances of the case, the writ petition is disposed of directing the additional 6th respondent–Scheduled Tribes Development Department to take a final decision on Ext.P3 series bills submitted by the petitioners. The petitioners will be at liberty to handover additional documents, if any, required by the additional 6th respondent. A decision on the claim made by the petitioners shall be taken within a period of two months and payment found due to the petitioners should be made within a further period of one month.
