The court exercises continuing mandamus in public health matters to ensure the state fulfills its duty to provide accessible medical infrastructure and services, compelling timely compliance with administrative reforms, recruitment mandates, and expert committee recommendations to protect the public right to health and welfare.

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. On the last date of hearing i.e. 17th December, 2025, certain directions had been issued by this Court in the following terms:

“3. Today, the Court has perused the status report filed by the Government of NCT of Delhi (GNCTD), as also the minutes of the meeting dated 22nd September, 2025 filed by AIIMS.

4. The same clearly reflects that there is a substantial delay in providing even the most basic services, such as radiological diagnostic services. Insofar as the implementation of the NextGen e-hospital application is concerned, even that has been considerably delayed. The entire purpose of implementing the said application has been defeated in this manner due to the substantial delay, which is completely unacceptable to the Court. The said application is or critical importance for making Emergency services available in hospitals in Delhi.

5. The Court notes that in each of these issues, the GNCTD appears to be proceeding on the basis that tenders are first called for consultants or advisors, who will advise as to what is the course of action and, thereafter, the procedure is to be followed for bringing proper service providers on board. This is likely to affect the health services in Delhi and jeopardise the lives of citizens.

6. The Dr. S.K. Sarin Committee Report ought to be implemented in its letter and spirit, which is not being done as is being seen over the last few months. Accordingly, let the Health Secretary, GNCTD, be present in Court on the next date of hearing specifically with instructions in respect of the NextGen e-hospital application and the Radiological testing services.

7. Further, the GNCTD shall place a further status report taking into consideration the submissions made by ld. Amicus Curiae in the note dated 31st October, 2025.

8. Insofar as the issue related to increasing EWS criteria across the hospitals in Delhi is concerned, Mr. Vashisht, ld. Counsel submits that the meeting of the Special Committee was convened on 2nd December, 2025, wherein the decision of the Special Committee for approval for enhancement of the EWS criteria from Rs.2,25,000/- to Rs.5,00,000/- was considered and the same is now stated to be pending before the competent authority. Let the competent authority take the decision and the same be placed on record.”

3. In terms of the above directions, today, Mr. Nikhil Kumar, Secretary, Health and Family Welfare, GNCTD, has joined the proceedings virtually.

4. At the outset, it has been submitted by Mr. Nikhil Kumar that in furtherance to the direction of this Court, the issue pertaining to the approval for enhancement of the EWS criteria from Rs. 2,25,000/- to Rs. 5,00,000/- has been considered by the competent authority and the same has been approved.

5. Accordingly, an order has also been issued in this regard on 2nd January, 2026 in the following terms:

Direction No.1: It is, therefore, clear that all persons who wish to avail of health facilities in Delhi would now be entitled to take benefit under the EWS criteria of Rs.5,00,000/-