Authority: High Court of Odisha at Cuttack

Order Date: 30 September 2026

Case Overview

  • Petitioner: Benumadhab Mahapatra, represented by Advocate S. Sourav.
  • Opposite parties: State of Odisha and others, represented by ASC S.K. Parhi.
  • The writ petition challenged the Referral Committee of SCB Medical College and Hospital’s decision dated 9 September 2026, which recommended liver transplantation at a higher government facility/AIIMS, Bhubaneswar.
  • Petitioner sought referral to Kalinga Institution of Medical Science (KIMS), Bhubaneswar, citing the Government Resolution dated 4 March 2014, which lists permissible Referral Hospitals (Annexure‑A) and noting that KIMS is not on that list.
  • Arguments invoked Paragraph‑2 and Paragraph‑3 of the 2014 Resolution, emphasizing non‑availability of the procedure in listed government hospitals and inordinate delay.
  • Counsel also relied on the precedent Sukadev Sahoo v. Commissioner‑cum‑Secretary, Govt. of Odisha (W.P.(C) No.6405 of 2018, dated 23 September 2024), where the Court directed full reimbursement in a post‑facto referral case.
  • The State argued that the applicable resolution is the 2012 version and sought clarification.

Final Outcome

  • The Court, after considering the submissions and the precedent, held that AIIMS, Bhubaneswar is not a Referral Hospital under Annexure‑A of the 2014 Resolution.
  • Consequently, the Court modified/set aside the Referral Committee’s decision (Annexure‑14) and directed:

1. Opposite Party No.4 to refer the petitioner to KIMS, Bhubaneswar for liver transplantation in accordance with the 4 March 2014 Government Resolution.

2. Sanction and release a medical advance of Rs.36,26,200/- to the petitioner, based on the estimates furnished by KIMS, subject to final adjustment as per applicable Rules.

3. The advance and referral to be effected at the earliest, preferably before 5 October 2026, given the emergent medical situation.

4. Opposite Party No.2 to ensure compliance with the above directions.

  • The order was to be urgently copied, uploaded on the Court’s website, and handed to the ASC for further intimation.

Topics: Medical Referral, Court Order