New Delhi: The Delhi High Court on Tuesday issued a notice to the Aam Aadmi Party (AAP) government on a writ petition alleging that the health scheme, being implemented by the Delhi Arogya Kosh (DAK), was "discriminatory" as only people residing in Delhi have access to it, contravening Article 14, 15 and 21 of the Constitution.

A division bench of Chief Justice D.N. Patel and Justice C Hari Shankar issued notice to the Delhi government, seeking its stand on the plea which also said DAK does not have the approval of the Lieutenant Governor to implement the health scheme.

“The Government of National Capital Territory of Delhi’s Health Scheme – Delhi Arogya Kosh (DAK) Scheme requires the citizen to be the “Resident of National Capital Territory of Delhi" to access the health scheme of the Government of National Capital Territory of Delhi which is against and in blatant violation of the article 14, 15 and 21 of the Constitution of India. Thereby seeking directions to the respondents by way of Writ of Mandamus or any other writ deems fit and proper on urgent basis," the petition, filed by financial economist Abhijit Mishra, said.

Mishra, in his plea, said the Delhi government "has not earmarked any funds in any of its budget nor has designated and authorized DAK in the legislative assembly" to implement and fund the health scheme.

The healthcare scheme provides financial assistance of up to 5,00,000 for treatment to those who have been residents of the national capital for the last three years and have an annual family income up to 3 lakh.

Mishra urged directions to the Auditor and Comptroller General of India to audit accounts, functions and role of DAK, audit accounts of Delhi government’s Health and Family Welfare Department and Directorate of Health Services for misappropriation of funds, and to order dissolution of DAK.

The plea also sought initiation of criminal proceedings against the members and governing body of DAK for misappropriation of funds.

The next date of hearing is on 16 September.