The court upheld the validity of a government notification concerning the management of medical staff during a pandemic, emphasizing the necessity of such actions in public health crises.

JUDGMENT

D.N. Patel, Chief Justice (Oral)--Proceedings have been conducted through video conferencing.

1. This petition has been preferred for the following reliefs:

"a. Quash the said Impugned Notification vide Reference No.52/DGHS/PH-IV/COVID-19/2020/Prsecyhwf/4957- 5026 dated: 16th May 2021 as issued by the Respondent No. 4 i.e. The Honourable Principle Secretary, Health and Family Welfare Department, Government of NCT of Delhi;

b. Kindly direct the Respondent No. 3 i.e. Lt. Governor to take appropriate remedial actions Impugned Notification and restrict Respondent No. 4 i.e. The Honourable Principle Secretary, Health and Family Welfare Department and Respondent No. 5 i.e. Health Minister of the Government of NCT of Delhi from issuing such impugned order in the future without wider consultation with all the stakeholders including Respondent No. 1 i.e. Secretary, Ministry of Home Affairs (UOI) and Respondent No. 2- Secretary, Department of Department of Personnel & Training (UOI)

c. Interim Prayer- Kindly be pleased to invoke the extraordinary powers under aegis of Article 226 (3) of the Constitution of India to grant injunction or stay against the implementation of the impugned notification vide Reference No. 52/DGHS/PH-IV/COVID-19/2020/Prsecyhwf/4957-5026 Dated: 16th May 2021 as issued by the Respondent No. 4 i.e. The Honourable Principle Secretary, Health and Family Welfare Department, Government of NCT of Delhi till the disposal of the Writ Petition;

d. Any other order or directions as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also passed in favor of the Petitioner;

e. The cost of the present urgent Petition be also allowed in favour of the Petitioner and against the Respondents.

2. Learned counsel for the Petitioner submits that the impugned Notification dated 16.05.2021 (annexed as Annexure P-1 to the memo of this petition), has been issued by Respondent No.4 i.e. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi, without approval from Hon'ble the Lieutenant Governor of Delhi and hence deserves to be quashed and set aside, being ultra vires Article 239AA of the Constitution of India.

3. Learned counsel appearing for the Petitioner has pointed out that as per Section 44 of the Government of NCT of Delhi Act, 1991(herein after referred as GNCTD Act, 1991) as amended by GNCTD (Amendment) Act, 2021, in March, 2021, opinion of Hon'ble the Lieutenant Governor of Delhi was mandatory in terms of Proviso to Clause (4) of Article 239AA of the Constitution of India before issuing the impugned Notification dated 16.05.2021. For ready reference, impugned Notification dated 16.05.2021 is extracted hereunder: -

"GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI

HEALTH & FAMILY WELFARE DEPARTMENT,

9TH LEVEL, A-WING, DELHI SECRETARIAT,

IP ESTATE, NEW DELHI-110002

Ph: 011-2339 2254; c-mail: secyhealth@delhi.gov.in No. 52/DGHS/PH-IV/COVID-19/2020 Dated: May 16, 2021 /Prsecyhwf/4957-5026

ORDER

In view of recent surge in COVID-19 cases and for efficient management of COVID-19 pandemic in NCT of Delhi, the competent authority is decided that all Medical Human Resource, category-wise shall function in following in levels, irrespective of differences in their pay scales & seniority: