Hyderabad: Telangana high court has dismissed a writ petition filed by Telangana Hospitals and Nursing Homes Association (THANA) challenging the new billing system for biomedical waste disposal.A division bench, comprising Justice K Lakshman and Justice BR Madhusudhan Rao, passed the order recently while hearing THANA’s challenge against guidelines issued by Central Pollution Control Board (CPCB) and Telangana Pollution Control Board (TGPCB).Ruling that the petition lacked merit, the bench instructed both boards to periodically review the billing structure to ensure it remains fair and proportionate for all medical facilities in the long run.The bench ruled that the alternative mechanism preferred by THANA to substitute the system adopted by the regulatory bodies was impermissible in the limited scope of judicial review, particularly in matters involving technical and policy considerations, unless such action was manifestly arbitrary or unconstitutional, which, in the present case, was not established.The court also held that the current system was developed after extensive consultation with stakeholders and a review of successful practices in other states, proving it to be a reasonable administrative choice.Clarifying that the distinction in the guidelines between bedded and non-bedded healthcare facilities was legally sound and logically justified, the bench noted that the classification was based on clear differences in the scale and hazardous nature of the waste generated by hospitals versus smaller clinics.This “per bed” charging model, the court observed, bears a direct and rational connection to the goal of maintaining a waste management system that was both environmentally compliant and financially sustainable.THANA’s contention was that the classification between bedded and non-bedded facilities was arbitrary. It argued that waste generation depends on patient inflow and procedures, not the total number of beds. The association termed the fixed fee an “unreasonable financial burden”, especially for hospitals with low occupancy rates, and demanded a uniform “pay-by-weight” system.Defending the policy as a strategic move to ensure the financial viability of common bio-medical waste treatment facilities (CBMWTFs), CPCB and TGPCB argued that bedded hospitals generate more complex and hazardous waste (anatomical, pathological and chemical) compared with outpatient clinics.They further emphasised that a “per bed” model provides a stable revenue stream for waste operators, allowing them to maintain the expensive infrastructure and logistics required to meet strict environmental timelines. They argued that a purely weight-based system would be “impractical and prone to manipulation”.
