Neutral Citation Number: 2023:DHC:3925-DB

W.P.(C.) No.6050/2021

Page 1 of 21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 20.03.2023

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Judgment delivered on: 24.05.2023

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W.P.(C) 6050/2021 & CM APPL. 19148/2021

SURESH GAUR

..... Petitioner

Through:

Mr. Avadh Bihari Kaushik, Advocate.

versus

GOVERNMENT OF NCT OF DELHI & ORS.

..... Respondents

Through:

Mr. Anupam Srivastava, ASC with

Mr. Dhairya Gupta, Mr. Vasuh Misra

& Mr. Ujjwal Malhotra, Advocates

for Respondents No.1 to 4.

Mr. Vishal Biswas, Junior Assistant

for Respondent/ Dr. B.S.A. Hospital.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

J U D G M E N T

SATISH CHANDRA SHARMA, C.J.

1.

The instant Writ Petition has been filed by the Petitioner under Article

226 of the Constitution, in the form of a Public Interest Litigation (“PIL”),

seeking a Writ of Quo Warranto against Respondent No. 4 herein.

Digitaaly Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:31.05.2023

17:30:25

Signature Not Verified

Neutral Citation Number: 2023:DHC:3925-DB

W.P.(C.) No.6050/2021

Page 2 of 21

2.

The crux of this matter revolves around the appointment of

Respondent No. 4 as the Medical Director, Dr. Babasaheb Ambedkar

Hospital (“BSA Hospital”)situated in Sector-6, Rohini, Delhi, vide Order

No.

F.11/252/H&FW/2018/HR-Med./Pt.File-I/112587809/559-71,

dated

10.03.2021, by Respondent Nos. 1 & 2 (“Impugned Order”), and whether

the said appointment was done in accordance with law, or not.

3.

At the outset, it would be pertinent for the sake of comprehension to

give a brief background on the basis of which the aforesaid prayer has been

sought, and the basis on which contravention of statutory rules and

irregularity in procedure with respect to appointment of Respondent No. 4 as

Medical Director, BSA Hospital, have been alleged by the Petitioner.

4.

When the Government of National Capital Territory of Delhi

(“GNCTD”) came into existence in 1992, a number of hospitals,

dispensaries and health centres were created and some existing hospitals

were also placed under GNCTD for providing health services to the

residents of Delhi. The doctors to tend to the residents of Delhi were either

borrowed from Central Health Services (“CHS”) or their engagements were

made on a contract basis.

5.

In 2006, GNCTD constituted its own health cadre vide Cabinet

Decision No. 1139 on 13.11.2006. The said decision lead to the formation of

the ‘Delhi Health Services’ (“DHS”). Pursuant to the constitution of the

DHS, ‘Delhi Health Services (Allopathy) Rules, 2009’(“Allopathy Rules,

2009”) were notified vide a Notification dated 23.12.2009 in the Delhi

Digitaaly Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:31.05.2023

17:30:25

Signature Not Verified

Neutral Citation Number: 2023:DHC:3925-DB

W.P.(C.) No.6050/2021

Page 3 of 21

Gazette, in terms of the powers conferred upon the government under

Article 309 of the Constitution.

6.

Thereafter, vide a notification dated 20.08.2014, the GNCTD

appointed 528 doctors at the initial constitution stage of the DHS, in the

General Duty Medical Officer (“GDMO”) and Non-Teaching Specialist

sub-cadre of the DHS, retrospectively from 23.12.2009, i.e., the date of

coming into effect of the Allopathy Rules, 2009.

7.

It is submitted by the Petitioner that the Respondent No. 4 herein,

being an orthopaedic, was initially recruited on contractual and temporary

basis by the GNCTD and subsequently, he was regularised and absorbed

into the Non-Teaching Specialist Grade-III cadre of the DHS w.e.f.

23.12.2009. It is submitted that the same was however done without

carrying any seniority from his past contractual services.

8.

It is submitted that a doctor such as Respondent No. 4 appointed to

the feeder non-teaching specialists sub-cadre has to complete two years in

the feeder cadre and thereafter, he becomes eligible to Specialist Grade-II

wherein he has to serve at least for fou