IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, MANMEET PRITAM SINGH ARORA, JJ.
Court On Its Own Motion – Petitioner
Versus
Union Of India & Ors. – Respondents
W.P.(C) 3903 of 2017 & CM APPLs. 18718 of 2017, 19134 of 2017 & 27526 of 2018, W.P.(C) 8548 of 2017 & CM APPLs. 985 of 2024 & 50101 of 2024
Decided On : 22-08-2025
| Table of Content |
|---|
| 1. ongoing monitoring of health infrastructure progress (Para 1 , 29 , 35) |
| 2. status of hospital construction and recruitment (Para 2 , 3 , 4 , 11 , 14) |
| 3. proceedings and directions for health management implementation (Para 5 , 9 , 13 , 15 , 20 , 21) |
| 4. emphasis on timely patient information systems (Para 6 , 7 , 8) |
| 5. court's instruction for accountability in health services (Para 10 , 12 , 31) |
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. On the previous date of hearing i.e. 25th April, 2025, the Court had issued certain directions to the Government of National Capital Territory of Delhi (hereinafter, ‘GNCTD’) with respect to filing of status report on various aspects.
3. Pursuant to the directions passed by the Court on 25th April, 2025, two status reports were placed on record dated 26 May, 2025 and 10 July, 2025 th th by GNCTD and the same were perused by this Court on the last date of hearing i.e. on 8th August, 2025. Accordingly, the following order was passed on 8th August, 2025 -
“6. After perusing the status reports, one of the serious concerns is about the 24 hospital projects which are semi-constructed and no work was being undertaken in respect thereof. The status report dated 26th May, 2025 records that the Review Committee has been constituted vide order dated 23rd May, 2024 and they are to give their detailed report in respect of the construction of all these hospitals.
7. Since more than two months have passed since the said status report has been filed, it is expected that substantial progress would have been undertaken. Accordingly, let an updated status report be placed before this Court.
8. The Secretary, Health, GNCTD is directed to join the Court proceedings on the next date of hearing, either physically or virtually.
9. Insofar as recruitment of staff is concerned in respect of the following posts, the advertisement has been withdrawn/cancelled:
i) Audiometric Assistant
ii) Assistant Security Officer
iii) Occupational Therapist
iv) Physiotherapist.
10. Let the advertisements in respect of these posts, if not already given, be given again and the process of recruitment be commenced. The reasons for cancellation of the advertisement shall also be placed in the next status report.
11. Mr. Aggarwal, ld. Counsel points out that one of the recommendations in the Dr. S.K. Sarin Committee report was for creation of dedicated Palliative Care Hospitals. In respect of this recommendation as well, the GNCTD shall provide its stand in the status report.”
4. Further to the above directions of this Court, a status report dated 21st August, 2025 has been filed on behalf of GNCTD. The same is taken on record. Relevant submissions made in the status report are recorded as under:
A. National Informatics Centre’s NextGen eHospital:
5. Mr. Nikhil Kumar, Secretary, Health & Family Welfare, GNCTD (hereinafter `Health Secretary’) has joined the proceedings virtually. In terms of the said report dated 21st August, 2025, Next Gen eHospital is stated to have been implemented by the Ministry of Health & Family Welfare, GNCTD (H&FW, GNCTD) in all hospitals w.e.f. 27th June 2025.
5.1 On being queried, the Health Secretary submits that the National Informatics Centre (hereinafter, ‘NIC’) has developed the Health Management Information System (hereinafter, 'HMIS') and that there are different modules in the same.
5.2 The OPD & IPD modules have already been implemented, and the training has been provided to all the relevant staff and all the hospitals. However, since the training in itself is a cumbersome process, the same has been done for two modules.
5.3 There are other modules such as the ICU module which would also be there and therefore, after looking at the HMIS software implementation, the hardware is also to be provided, which is a continuing process.
6. In view of the above submissions, let a status report be filed giving the following details:
(i) Total number of modules to be implemented in
The court emphasized the necessity of transparency, efficiency, and effective management in health services to ensure accessibility and timely care for patients.
Health management practices necessitate efficient staffing and infrastructure development to ensure timely public service delivery.
The court established that neglect in healthcare services violates constitutional rights, necessitating immediate remedial measures.
The court affirmed that operational efficiency in healthcare, including equipment procurement and patient management, is crucial for public health welfare.
The duty of the State to improve public health and the interplay between fundamental rights and directive principles in ensuring affordable public health services.
The court mandates agency cooperation for improving homeless patient conditions while ensuring accountability in service delivery.
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