Case Law
Subject : Public Law - Healthcare Law
Description :
New Delhi – Taking the Government of National Capital Territory of Delhi (GNCTD) to task over critical gaps in the city's healthcare infrastructure, the Delhi High Court has issued a slew of stringent directions to expedite the construction of 24 semi-built hospitals, fast-track massive recruitment drives, and implement a robust, patient-centric information system.
A Division Bench comprising Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora , hearing a suo motu writ petition, underscored the "fundamental reason" for the court's intervention: the dire lack of ICU beds and the absence of a centralized system to provide citizens with real-time information on their availability.
The Court expressed "serious concerns" over 24 hospital projects that remain semi-constructed with no ongoing work. After reviewing status reports filed by the GNCTD, the bench ordered the government to submit a detailed report on the progress made by a specially constituted Review Committee.
Further directions were issued regarding several other infrastructure projects: * 11 Greenfield Projects: The Court demanded a strict timeline for the newly appointed transaction advisor, who will oversee the development of these hospitals on a Public-Private Partnership (PPP) model. * 5 Hospitals Awaiting Inauguration: The GNCTD was ordered to provide a detailed status report on the operationalization and staffing of five hospitals that are ready for inauguration. * Project Feasibility: The government must furnish reasons for foreclosing the remodelling of blocks at Aruna Asaf Ali Government Hospital and Lok Nayak Hospital, and for not proceeding with further phases of Deep Chand Bandhu Hospital, which were deemed "not feasible."
A central focus of the hearing was the implementation of the Health Management Information System (HMIS), a software developed by the National Informatics Centre. The Court highlighted that the system's core purpose, as envisioned by the Dr. S.K. Sarin Committee, was to prevent patients from having to "run from pillar to post" in search of emergency care.
The Health Secretary, GNCTD, informed the court that while OPD and IPD modules of the "NextGen eHospital" software have been rolled out, other critical components, like an ICU module, are yet to be implemented.
The Bench directed the government to file a comprehensive report detailing: * The total number of modules in the HMIS software. * The status of implemented and pending modules across all hospitals. * A specific timeline for the full implementation.
Crucially, the Court directed that the system must answer a critical question: "whether the HMIS software will enable the patient to be taken to the hospital where the bed and necessary expert staff is available." The Bench emphasized that this capability is "very critical in the case of ICU patients where patients are made to move from hospital to hospital."
The Court also reviewed the status of a large-scale recruitment drive for doctors, paramedics, and nursing staff. While noting some progress, it directed various agencies to expedite pending processes: * Doctors: The Union Public Service Commission (UPSC) was instructed to conclude the recruitment of radiologists within four months. * Nursing and Paramedical Staff: The Delhi Services Subordinate Selection Board (DSSSB) was directed to complete the recruitment for 954 pending paramedical posts, with results for most expected by October-November 2025. * Withdrawn Posts: The Court sought clarification on the withdrawal of advertisements for posts like Audiometric Assistant, Occupational Therapist, and Physiotherapist. It ordered the GNCTD to report on whether hospitals have filled these vacancies on an outsourced or contractual basis in the interim.
The Director of AIIMS has been instructed to convene a meeting of all relevant officials to present a consolidated status report. The matter is scheduled for its next hearing on 31st October 2025.
#DelhiHighCourt #HealthcareCrisis #PublicHealth
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