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 - Respondent
W.P.(C) 3903/2017 & CM APPLs. 18718/2017, 19134/2017 & 27526/2018 and W.P.(C) 8548/2017 & CM APPLs. 985/2024 & 50101/2024
Decided on : 08-08-2025
| Table of Content |
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| 1. court proceedings initiated for hospital infrastructure and staffing matters. (Para 1 , 2) |
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. On the last 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 respecttofiling status report onvarious aspects. Relevant portion of the said order dated 25th April, 2025, is extracted herein below:
“24. The above recommendations of the Director, AIIMS shall also be considered and placed before the competent authority and the decision be communicated to the Court by way of a status report.
25. Insofar as the training of GDMOs as also the starting of Diplomate of National Board (‘DNB’) courses, etc., is concerned,letthe report ofAIIMS as alsotheminutesofmeeting be placed before the competent authority. The said authority shall consider whether it is feasible to start the DNB training courses in emergency medicine, superspeciality as also consider revamping emergency and critical care services.
26.Insofar as the one-day conference at AIIMS is concerned,the date for the same may be decided by the Delhi Government in the month of May, 2025 itself and the said conference may be conducted in AIIMS.
27. Mr. Agarwal, has pointed out that there are 24 Government hospitals which were semi-constructed and currently no work is taking place in those establishments.
28.Insofar asthecontinuation of construction atthesehospitals, the stand of the GNCTD is as under:
“With the change of Government, it has been suggested that a committee of technical experts should be constituted to examine the entire issue and available infrastructure and suggest a way forward to complete the projects with all facilities.
Necessary directions will be issued shortly.”
29. Let the Committee of technical experts be constituted by the GNCTD and a proper plan along with timelines be placed, before the Court on the next date of hearing.”
3. In compliance with the directions passed by the Court, there are two status reports which have been placed on record dated 26th May, 2025 and 10th July, 2025. Insofar as the status report dated 26th May, 2025 is concerned, the GNCTD has reported as under:
| S.N O. | Directions of the court in order dated 25.04.2025 | Status |
| 1. | Implementation of NIC’s NextGen eHospital Software: | In pursuance to the direction of Hon’ble High Court & further assessing the requirement of the department, it has been decided that GNCTD will be implementing NIC NextGen e-hospital software. The process of necessary approval of onboarding on the portal is under process. |
| 2. | Joining of Doctors (Non-teaching specialists, teaching specialists & GDMOs): | It is submitted that Health Department vide letter dated 03.05.2025 has requested the UPSC to expedite the matter and issue the advertisement for the post of Non- Teaching Specialist (Radio-diagnosis) on urgent basis. |
| 3. | Engagement of Paramedics and Nursing Staff: | The process of examination of 1507 Nursing Officer has been completed by DSSSB. The result was declared on 13.05.2025. The dossiers have been received. The posting of these selected candidates is being done. There are some cases where interim orders have been passed by the Labour Court, beyond their jurisdiction and some of the individuals have filed writ petition in the High Court also which are being defended expeditiously so that the Health Department can fill all the posts with the regularly selected candidates. The dossiers of the candidates are being sent to the respective hospitals who will take steps to give offer of appointment and appoint the selected candidates after documents verification and character antecedent reports are receipt. Further, the process of examination of 44 various paramedical staff has been completed by DSSSB. DSSSB has also advertised 770 posts of paramedical staff and examination process for recruitment of same is under process. |
| 4 | Procurement of radio | |
Health management practices necessitate efficient staffing and infrastructure development to ensure timely public service delivery.
The court emphasized the necessity of transparency, efficiency, and effective management in health services to ensure accessibility and timely care for patients.
The right to health under Article 21 mandates timely completion of healthcare facilities, especially during a pandemic.
The court mandates agency cooperation for improving homeless patient conditions while ensuring accountability in service delivery.
Wilful disobedience of court orders and change in stance regarding the implementation of recommendations
The court upheld the Government's policy decision to ban the creation of new posts for dialysis technicians, stating that such decisions are not subject to judicial compulsion.
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