Calcutta HC Division Bench lifts stay on West Bengal hospital food hike to ₹112
Synopsis
A Calcutta High Court Division Bench has cleared the West Bengal government's near-doubling of per-patient hospital food spending — from ₹57 to ₹112 a day — overturning a single-judge stay that had briefly blocked the welfare measure. The ruling ends a legal standoff and could directly improve meal quality for thousands of patients in state-run hospitals.
Key Takeaways
A Division Bench of the Calcutta High Court on 4 August set aside a single-judge interim stay on the West Bengal hospital food allocation hike.
The state government had raised the per-patient daily food budget from ₹57 to ₹112 via a notification dated 23 July .
The Division Bench — Justice Shampa Sarkar and Justice Ajay Gupta — ruled it was 'not desirable' for legal complications to block positive welfare steps.
The single-judge Bench of Justice Krishna Rao had stayed the notification after a petitioner argued a related case was already pending in court.
State hospitals have faced longstanding complaints about poor food quality, which the government attributed to the inadequate ₹57 allocation.
A Division Bench of the Calcutta High Court on Tuesday, 4 August set aside an interim stay that had been imposed by a single-judge Bench on the West Bengal government's decision to nearly double the per-patient food allocation at state-run hospitals — from ₹57 to ₹112 per day. The order clears the legal path for the revised food budget to take immediate effect across government hospitals in the state.
Background: The Allocation Hike and the Legal Challenge
The West Bengal government issued a notification on 23 July this year revising the per-patient daily food allocation upward from ₹57 to ₹112 — an increase of nearly 97%. The move was part of the new state government's stated commitment to improving the quality of meals served to patients in public health facilities.
Shortly after, an organisation approached the Calcutta High Court, challenging the notification before a single-judge Bench of Justice Krishna Rao. The petitioner argued that since a separate case concerning the fixation of patient food allocations was already pending before the court, the state government could not unilaterally revise the rate on its own. Justice Rao accepted this contention and granted an interim stay, temporarily halting the implementation of the revised allocation.
Division Bench Overturns the Single-Judge Order
The West Bengal government moved swiftly, challenging the single-judge's stay before a Division Bench comprising Justice Shampa Sarkar and Justice Ajay Gupta. The matter was heard on Tuesday afternoon, following which the Division Bench set aside the interim stay.
In its observations, the bench noted that it was 'not desirable' that legal complications prevent the state government from taking positive welfare measures. The ruling effectively removes all immediate legal obstacles to implementing the higher food budget in state hospitals.
Why the Hike Matters for Hospital Patients
The revision addresses a long-standing grievance. State-run hospitals in West Bengal have faced repeated complaints over the years about the poor quality of food served to admitted patients. The government's consistent position has been that the previous allocation of ₹57 per patient per day made it virtually impossible to source and serve nutritionally adequate meals.
Notably, this is not the first time the adequacy of hospital food budgets has come under scrutiny in the state — the issue has periodically surfaced in public discourse and court proceedings alike. The new allocation of ₹112 is intended to bring measurable improvement to the meals provided.
What Happens Next
With the Division Bench order in place, the state government can now proceed with implementing the ₹112 per-patient food allocation without further legal hindrance — at least until the pending case on the broader issue of fixing patient food rates is heard and decided on merits. The underlying petition before the single-judge Bench is expected to continue on its own track. Authorities and patient welfare groups will be watching whether the revised allocation translates into tangible improvements in hospital meal quality on the ground.
Point of View
Which nutritionists would consider bare minimum. The real accountability question is not whether the money flows, but whether hospitals have the procurement infrastructure to convert a budget revision into better food on the plate. Past allocation hikes in other states have not automatically translated into quality improvements without parallel supply-chain reforms.
NationPress
5 Aug 2026
Frequently Asked Questions
What did the Calcutta High Court Division Bench rule on 4 August?
The Division Bench of Justices Shampa Sarkar and Ajay Gupta set aside an interim stay that had blocked the West Bengal government's revised per-patient hospital food allocation of ₹112 per day. The ruling means the state can now implement the higher food budget without legal obstruction.
Why had the food allocation hike been stayed in the first place?
A single-judge Bench of Justice Krishna Rao stayed the West Bengal government's 23 July notification after a petitioner argued that a separate case on fixing patient food allocations was already pending before the court. The petitioner contended the government could not revise the rate unilaterally while that matter remained sub judice.
How much has West Bengal increased the hospital food allocation?
The state government has nearly doubled the per-patient daily food allocation, raising it from ₹57 to ₹112 — an increase of approximately 97%. The revised rate was notified on 23 July this year.
Why has hospital food quality been a concern in West Bengal?
State-run hospitals in West Bengal have faced repeated complaints about inadequate meal quality over the years. The government has argued that the previous allocation of ₹57 per patient per day made it practically impossible to serve nutritionally adequate food, making the hike a necessary welfare measure.
Will the legal proceedings on hospital food allocation continue?
Yes. The Division Bench order removes the immediate stay, but the underlying petition before the single-judge Bench — which questions the basis for fixing patient food rates — is expected to continue on its own merits. The revised allocation remains in force unless a future court order directs otherwise.
