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2026 DAILYLAW 2608 (JHR)

JYOTI SHARMA v. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY, GOVERNMENT OF JHARKHAND

WPC/613/2026 · 2026-04-01

Rajesh Shankar

Public Interest Litigationbody2026

Judgment text

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2026:JHHC:9126-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No.613 of 2026 ----- Jyoti Sharma, son of Late Madan Lal Sharma, resident of Marwari Tola, Upper Bazar, Mahavir Chowk, P.O. G.P.O., P.S. Sadar, District Ranchi, Jharkhand. .......... Petitioner. -Versus- 1. The State of Jharkhand, through Chief Secretary, Government of Jharkhand, Project Building, Dhurwa, Ranchi. 2. The Additional Chief Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Nepal House, Doranda, Ranchi. 3. The Union of India, through the Secretary, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi-110011. 4. The National Health Authority (NHA), through its Chief Executive Officer, 9th Floor, Tower-L, Jeevan Bharti Building, Connaught Place, New Delhi-110001. .......... Respondents. ----- CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Ms. Ayushi, Advocate Mr. Bhanu Kumar No.1, Advocate For the State : AC to AG For UOI : Mr. Prashant Pallav, ASGI Mr. Sunil Kumar, CGC ----- Order No.02 Date: 01.04.2026 1. Heard learned counsel for the parties. 2. The petitioner, by instituting what he describes, is a Public Interest Litigation, seeks the following reliefs:- “(i) For issuance of an appropriate Writ(s), Order(s), or Direction(s), particularly a Writ in the nature of Mandamus, commanding upon the Respondents to reconsider and revise the age eligibility criteria under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PM-JAY), which presently extends coverage only to citizens aged 70 years and above, and to extend the said benefit to all citizens aged 60 years and above, so that senior citizens within the age group of 60-70 years are not deprived of essential healthcare protection. 2026:JHHC:9126-DB 2 (ii) For issuance of an appropriate Writ(s)/ Order(s)/Direction(s), particularly a Writ in the nature of Mandamus, commanding upon the Respondents to re-evaluate, expand, and expeditiously implement the age eligibility criteria of the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PM- JAY) scheme to include all citizens aged 60 years and above for the health coverage benefit of Rs.5 lakh per annum, ensuring that the scheme's benefits including the issuance of specific cards are immediately and universally available to all senior citizens (60+), considering their increasing healthcare needs and the generally accepted age of retirement. AND/OR (iii) For issuance of an appropriate Writ(s)/ Order(s)/Direction(s), particularly a Writ in the nature of Mandamus, commanding upon the Respondents to revise the age eligibility criteria under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PM-JAY) to include all citizens aged 60 (sixty) years and above for availing the benefits of free medical treatment up to Rs.5,00,000/- (Rupees Five Lakhs only) per family per year, irrespective of their socio-economic status. AND/OR (iv) For issuance of an appropriate Writ(s)/ Order(s)/Direction(s), particularly a Writ in the nature of Mandamus, commanding upon the Respondents to take necessary measures to ensure inclusive and universal healthcare for all senior citizens above the age of 60 (sixty) years under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PM-JAY). AND/OR (v) For issuance of such other and further writ(s)/ order(s)/direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice, equity and public welfare.” 3. From the averments in the petition and the reliefs sought, we are of the opinion that the Yojana which extends health insurance cover up to Rs.5.00 lakh per family to senior citizens aged about 70 years is a policy decision. There are no allegations in the petition about any discrimination being practised in the 2026:JHHC:9126-DB 3 implementation of such policy decision. The petitioner only contends that the benefit which is now extended to senior citizens about 70 years should also be extended to persons about 60 years. 4. Since this is a purely policy decision, we are afraid, we cannot issue such a mandamus to the respondents. Therefore, we dispose of this petition by giving the petitioner liberty to represent to the policy makers or the decision makers by providing statistics and other materials. 5. The petition is disposed of with liberty in the above terms. 6. No costs. (M. S. Sonak, C.J.) (Rajesh Shankar, J.) 1st April, 2026 Sanjay/AKT Uploaded on 02.04.2026