Pradeep Arora vs Director, Health Department, Govt. Of Maharashtra 2025 INSC 1420 - PMGKY-Package -Requisition Doctors
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PMGKY-Package - Covid 19- There is a requisition of services of doctors, and this is evident from the conjoint reading of provisions of the Act, the Maharashtra Prevention and Containment of Covid-19 Regulations 2020, the NMMC Order dated 31.03.2020, PMGKY-Package Scheme, explanatory communication to the PMGKY policy, and the FAQs released- Individual claims for insurance made as per the PMGKY-Package will be considered and decided in accordance with the law and on the basis of the evidence. The onus to prove that a deceased lost his life while performing a COVID-19-related duty is on the claimant, and the same needs to be established on the basis of credible evidence.
Covid Pandemic - The onset of COVID-19 pandemic at the dawn of 2020 was unprecedented in its global sweep and consequence. Not since the 1918 influenza pandemic, an event coeval with the first world war, had a single infectious disease inflicted such widespread crisis on human civilisation. The global death toll rising to millions, as revealed in the World Health Organisation’s data, presents a tragic picture of this disruption. While COVID-19 pandemic exposed an acute systemic fragility within the global healthcare sector, highlighted lack of preparedness and strained the capacity of health professionals, our doctors and health professionals rose as unwavering heroes, turning challenges into courage. Indian Medical Association’s COVID-19 registry records 748 doctors' deaths in the first wave and hundreds more in subsequent waves; one estimate noted around 798 doctors lost during the second wave alone.(Para 1) -The country has not forgotten the situation that prevailed at the onset of Covid-19, when every citizen contributed in some measure, despite fear of infection or imminent death. That is also a moment of pride and recognition of the strength of character and discipline that our people demonstrated when circumstances demanded it - The courage and sacrifice of by our doctors remain indelible, as five years following the pandemic that spared us, we are now called upon to interpret the laws and regulations enacted for urgent requisition of doctors and health professionals to safeguard public from the seemingly overwhelming onslaught of Covid 2019. (Para 27-28)
Case Info
Case Details
- Case name: PRADEEP ARORA & ORS. v. DIRECTOR, HEALTH DEPARTMENT, GOVT. OF MAHARASHTRA & ORS.
- Neutral citation: 2025 INSC 1420
- Coram: Justices PAMIDIGHANTAM SRI NARASIMHA and R. MAHADEVAN
- Judgment date: December 11, 2025
- Procedural posture: Civil Appeal arising from SLP (C) No. 16860 of 2021
Statutes and Laws Referred
- Epidemic Diseases Act, 1897 (sections 2, 3, 4)
- Indian Penal Code, 1860 (section 188)
- Disaster Management Act, 2005
- Maharashtra Essential Service Maintenance (Amendment) Act, 2011
- Mumbai Nursing Home Registration (Amendment) Act, 2006
- Bombay Public Trusts Act, 1950
- PMGKY: Pradhan Mantri Garib Kalyan Package — Insurance Scheme for Health Workers Fighting COVID‑19 (MoHFW order 28.03.2020, FAQs, explanatory letter 03.04.2020)
- NDRF Budget reference for funding the scheme
Executive Instruments and Communications Cited
- Government of Maharashtra COVID‑19 Regulations dated 14.03.2020 (Regulations 10–13)
- NMMC notice directing clinics to remain open: 31.03.2020
- MoF Press Release: 26.03.2020 announcing PMGKY relief package
- MoHFW Order launching insurance scheme: 28.03.2020
- MoHFW explanatory letter: 03.04.2020
- DMER notification requisitioning AYUSH/RMP services: 08/09.05.2020
- Government of Maharashtra letter to Union: 01.10.2020
- Union MoHFW clarification letter: 15.10.2020
- Joint Director, Health Services rejection communication: 07.09.2020

#SupremeCourt holds that there is a “requisition of services of doctors” during Covid Pandemic. https://t.co/rGRRWqDL5C pic.twitter.com/GcD86gTeOT
— CiteCase 🇮🇳 (@CiteCase) December 11, 2025
The pandemic that spared us !
— CiteCase 🇮🇳 (@CiteCase) December 11, 2025
This is how #SupremeCourt described Covid-19 pandemic.
The judgment also acknowledges the courage and sacrifice by our Doctors during that period.
The Court also noted that every citizen contributed in some measure, despite fear of infection or… https://t.co/rGRRWqDdg4 pic.twitter.com/ct7P7D8DE8