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2025 Supreme(Del) 403

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 

Advocates Appeared:
For the Petitioner: Mr. Ashok Agarwal & Ms. Ashna Khan, Advs. Amicus Curiae.
For the Respondents: Ms. Avnish Ahlawat, SC, GNCTD with Mr. N. K. Singh, Ms. Aliza Alam, Mr. Mohnish Sehrawat & Mr. Amol Rana, Advs. Mr. Nikhil Kumar, Secretary, Health & Family Welfare, GNCTD. Mr. Tushar Sannu & Ms. Shaoni Das, Advs. Mr. Sagar Saxena, Mr. Parneet Singh & Mr. Sarthak Pandey, Advs. Ms. Arunima Dwivedi, CGSC with Mr. Saiynam Bhardwaj, Ms. Monalisa Pradhan & Ms. Himanshi Singh, Advs. Mr. Ravinder Agarwal, Mr. Manish Kumar Singh & Mr. Vasu Agarwal, Advs. for UPSC. Mr. Amit Tiwari, CGSC with Ms. Ayushi Srivastava & Mr. Ayush Tanwar, Advs. Mr. V Shashank Kumar, Adv. for Mr. V.S.R. Krishna, Adv.

The court emphasized the necessity of transparency, efficiency, and effective management in health services to ensure accessibility and timely care for patients.

Headnote:(A) Directions for the implementation of Health Management Information System (HMIS) in all hospitals by the GNCTD. Establishment of palliative care centres and operational status of semi-constructed hospitals were discussed. The court emphasized the timely availability of ICU beds and effective medical care through HMIS software. (Paras 1, 5, 29, 30)

(B) The court directed the recruitment process of medical staff to be expedited, highlighting the need for transparency and efficiency in health services. Various posts were discussed regarding their status and recruitment timelines. (Paras 10, 11, 12, 24, 26)

Facts of the case:
The hearing involves the GNCTD’s actions on health infrastructure, including the status of hospital construction and recruitment processes for various medical positions.

Findings of Court:
The court is monitoring the GNCTD’s progress on multiple health projects and emphasized the importance of staffing and facilities in hospitals.

Issues: Key issues include the status of hospital projects, health system management effectiveness, recruitment delays, and ICU bed availability.

Ratio Decidendi: The court stressed that timely updates and structured reporting are essential for the smooth operation of health services, especially in emergencies.

Result: The matter is ongoing, with further updates expected on the next hearing date.

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

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