HYDERABAD: The Telangana High Court has upheld the validity of differential user charges for bio-medical waste management, dismissing a writ petition filed by the Telangana Hospitals and Nursing Homes Association challenging Guideline No 14 of the Central Pollution Control Board (CPCB) and a consequential circular issued by the Telangana Pollution Control Board (TGPCB).
A division bench, comprising Justice K Lakshman and Justice B R Madhusudhan Rao, ruled that the classification between “bedded” and “non-bedded” healthcare facilities for the purpose of levying user charges is constitutionally valid.
The petition challenged the CPCB’s 2025 Guidelines for Common Bio-Medical Waste Treatment and Disposal Facilities, which prescribe a “per bed per day” charging mechanism for hospitals with beds, while “non-bedded” facilities are charged based on actual waste generation. The association contended that such a classification was arbitrary, lacked statutory backing, and imposed an unreasonable financial burden, particularly on hospitals with low occupancy.
Rejecting these arguments, the court held that the classification is based on an “intelligible differentia” and bears a rational nexus to the objective of ensuring efficient and sustainable bio-medical waste management. It observed that “bedded” hospitals, due to their scale, nature of services, and continuous inpatient care, generate more complex and potentially hazardous waste compared to “non-bedded” facilities.
The bench emphasised that the number of beds serves as a stable and objective indicator for estimating potential waste generation, enabling treatment facility operators to plan logistics, infrastructure, and compliance with statutory timelines. A purely weight-based system, the court noted, could lead to uncertainty, administrative difficulties, and environmental risks.