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CDJ 2026 Jhar HC 145 print Preview print Next print
Court : High Court of Jharkhand
Case No : W.P. (PIL) No. 613 of 2026
Judges: THE HONOURABLE CHIEF JUSTICE MR. M.S. SONAK & THE HONOURABLE MR. JUSTICE RAJESH SHANKAR
Parties : Jyoti Sharma Versus The State of Jharkhand, through Chief Secretary, Government of Jharkhand, Ranchi & Others
Appearing Advocates : For the Petitioner: Ayushi, Bhanu Kumar, Advocates. For the Respondents: AC to AG, Prashant Pallav, ASGI, Sunil Kumar, CGC.
Date of Judgment : 01-04-2026
Head Note :-
Comparative Citation:
2026 JHHC 9126,
Summary :-
1. Statutes / Acts / Rules / Orders / Regulations Mentioned:
- None

2. Catch Words:
- Public Interest Litigation
- Writ of Mandamus
- Policy decision
- Age eligibility criteria
- Senior citizens
- Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PM‑JAY)
- Health insurance cover
- Liberty to approach policy makers

3. Summary:
The petitioner filed a public interest litigation seeking a writ of mandamus directing the government to expand the AB PM‑JAY health‑insurance scheme from citizens aged 70 years to those aged 60 years. The petition alleged no discrimination, merely a desire for broader coverage. The Court observed that the eligibility criteria constitute a policy decision, not a justiciable right, and therefore a mandamus cannot be issued. Consequently, the petition was dismissed, with the Court granting the petitioner liberty to approach the policymakers with supporting data. No costs were awarded.

4. Conclusion:
Petition Dismissed
Judgment :-

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.

                  (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 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.

 
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