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IN THE HIGH COURT OF DELHI
D.N. Patel, Jasmeet Singh, JJ.
Sinu John - Appellant
Versus
Govt. of NCT of Delhi - Respondent
W.P.(C) 4994 of 2021
Decided On : 26-04-2021




Public authorities have an obligation to address representations from citizens and ensure public health transparency, particularly during a crisis.

Headnote:(A) Constitution of India - Article 226 - Public Interest Litigation - Direction to hospitals for transparency in bed, ventilator, and oxygen availability - Petitioner's request included communication for a digital display of hospital resources and a daily monitoring system - Respondents directed to resolve the petitioner's representation efficiently. (Paras 1-4)

(B) Mandamus - Scope and applicability - Writ of mandamus can be issued to compel authorities to act according to law and regulations, ensuring timely resolution of public health concerns. (Paras 2-3)

Facts of the case:
The petition, filed by an individual, sought directions to hospitals for displaying real-time information on healthcare resources available during the pandemic and called for a continual monitoring of these facilities.

Findings of Court:
The court decided that it was appropriate to instruct the authorities to address the petitioner's earlier representation about hospital resource transparency.

Issues: Whether the authorities are obligated to act on the representation regarding hospital resource display and monitoring.

Ratio Decidendi: The court highlighted the importance of ensuring proper information dissemination and management of hospital resources during a public health crisis, indicating the authority's duty to take appropriate action.

Result: Writ petition disposed of; the respondents are directed to act on the representation.

Table of Content
1. public interest litigation for hospital information display. (Para 1)
2. petitioner's request for action on representation. (Para 2)
3. direction to decide representation per law. (Para 3)
4. writ petition disposed with observations. (Para 4)

JUDGMENT

D.N. Patel, Chief Justice (Oral)

Proceedings in the matter have been conducted through video conferencing.

C.M.No.15311/2021 (exemptions)

For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week from the date of resumption of regular functioning of the Court.

The application is disposed of.

W.P.(C) No.4994/2021

1. This public interest litigation has been preferred with the following prayers:

    "(a) a writ of mandamus to direct the Respondents to takes steps and direct the hospitals in the city to place big display boards preferably digital boards outside their hospitals, which gives the information about the total beds in the hospital, the available beds, data regarding availability of ventilators and oxygen cylinders.,

    (b) Alternatively, direct the Respondents to take necessary action on representation dt. 18.04.2021 of the petitioner.

    (c) Further a direction to respondent to put in place a daily monitoring system by taking the help its officers to know the everyday position of every hospital in the city."

2. Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the petitioner has already preferred a representation dated 18th April, 2021 (Annexure P-3) before the concerned respondent authorities. Learned counsel for the petitioner submits that it would suffice for the disposal of this writ petition if the respondents are directed to decide the said representation as early as possible.

3. In view of this limited submission, we deem it appropriate to direct the concerned respondent authorities to decide the representation dated 18th April, 2021 preferred by the petitioner, in accordance with the law, rules, regulations and Government policies applicable to the facts of the case and also keeping in mind the earlier directions issued by the Government in June, 2020, as expeditiously possible and practicable.

4. With these observations, the writ petition is disposed of.

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