The petitioners have argued that even though ambulances are an essential service, most ambulances are operating against the minimum standards set by law.
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The court has issued a show cause order in a writ petition filed in the Tulsipur Nepalgunj Bench of the High Court demanding the effective implementation of the Ambulance Service Directive, 2082 and the legal provisions related to vehicles and transportation.
A single bench of Justice Madan Pokharel issued a show cause order in the name of the opponents after conducting a preliminary hearing on the writ petition registered on Jestha 40. The court stated that it passed the order after studying the file documents along with the writ petition and hearing the arguments presented by the writ petitioner advocates including senior advocate Sunil Kumar Shrestha.
The petitioners include Advocate Bikash Acharya, General Secretary of the Public Concern Lawyers Group and Executive Committee Member of the Informal Sector Service Center (INSEC), Advocate Basant Gautam, Advocate Bal Bahadur Chand, Advocate Suresh Kumar Gautam, Advocates Basant Gautam, Advocates Bal Bahadur Chand, Advocate Suresh Kumar Gautam, Advocates Bholanath Mahat Chhetri, Advocates Krishna Murari Bhatta, and Uday Bahadur Singh Shrestha, Human Rights Activist INSEC Lumbini Provincial Coordinator.
The petition has named the Ministry of Physical Infrastructure and Transport, Ministry of Health and Population, relevant ministries under the Lumbini Provincial Government, Transport Management Office, District Administration Office, Nepal Police, Traffic Police, Health Office, and District Ambulance Management Committees as respondents.
The petitioners have alleged that although ambulance service is an essential service directly related to the life and health of citizens, most ambulances are being operated in violation of the minimum standards prescribed by law. The writ petition states that the lives of patients are at risk when ambulances are operated without oxygen, life-saving equipment, skilled health workers, GPS systems, and necessary technical facilities.
Similarly, it is claimed that the arbitrary collection of fees through ambulances that do not meet the standards, their use for purposes other than patient transportation, and the operation of vehicles with Indian number plates without the necessary temporary road permits (patke service) have violated the rule of law, consumer rights, and the right to health of citizens.
The petition states that the right to live with dignity under Article 16 of the Constitution of Nepal, the right to health under Article 35, the right to equality under Article 18, and the right to information under Article 27 have been violated, and a demand has been made to issue a mandate to the opposing bodies to strictly implement the Ambulance Service Directive and related legal provisions.
The court has directed the respondents to submit a written response within 15 days from the date of receipt of the notice of deadline, excluding the deadline for filing a petition, stating any grounds, reasons or evidence that the writ should not be issued as claimed in the petition.
