Arunima Gupta and Anr. v. Department of Health and Family Welfare and Ors.

Delhi High Court · 26 Feb 2018 · 2018:DHC:1418-DB
Acting Chief Justice Gita Mittal; C. Hari Shankar
W.P.(C) No.10032 of 2017
2018:DHC:1418-DB
administrative petition_dismissed

AI Summary

The Delhi High Court disposed of a writ petition concerning Mohalla Clinics by directing the government to consider the petitioners' suggestions as a representation and incorporate them if appropriate, without issuing mandatory directions.

Full Text
Translation output
W.P.(C) No.10032 of 2017 Pg. 1 of 3 HIGH COURT OF DELHI
Date of Decision: 26th February, 2018
W.P.(C) 10032/2017
ARUNIMA GUPTA AND ANR. ..... Petitioner
Through: Mr. Deepak Kumar Singh, Adv.
VERSUS
DEPARTMENT OF HEALTH AND FAMILY WELFARE AND ORS. ..... Respondent
Through: Mr. Sanjoy Ghose, ASC with Mr. Rhishabh Jetley and Ms. Urvi Mohan, Advs. for GNCTD.
Ms. Bharathi Raju, CGSC with Mr. Rohit Saroj, Adv. for UOI.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
(ORAL)
GITA MITTAL, (ACTING CHIEF JUSTICE)

1. This writ petition makes a grievance regarding the lack of a standard operating procedure so far as Mohalla Clinics proposed by the Department of Health & Family Welfare, Govt. of NCT of Delhi - respondent no.1 are concerned.

2. Mr. Sanjoy Ghose, ld. Addl. Standing Counsel for the Govt. of NCT of Delhi has placed before us a tabulation of categorization of the health facilities in Delhi, which is to the following effect: 2018:DHC:1418-DB W.P.(C) No.10032 of 2017 Pg. 2 of 3 “1. This is to submit here that Government has four tier of health services available for resident of Delhi.

I. AAMC Mohalla Clinics – providing the services to 10,000 populations. The goal is to open 1000 such mohalla clinics out of which 161 have become functional.

II. Delhi Govt. dispensaries providing services to 35,000 to 75,000 populations being reorganized as poly clinics (Multi Specialty Clinic).

III. Secondary Level/Multi Specialty Hospital.

IV. Tertiary Level/Super Specialty Hospital.

There are 162 AAMC & 556 other primary health centers which includes 266 Delhi Govt. Health Centers, 90 CGHS, 132 MCD, 32 ESI, 129 NDMC & 17 from other agencies (annexure-I & II).

2. Further the list of facilities available is attached herewith along with mapping. Category Health facility Facility Belongs to: Primary Health Centers AAMC Dispensary/ Sub Centers Poly Clinics (Multi Specialty Clinics) Secondary Level Hospitals/ Multi Specialty Hospitals Tertiary Level/Super Specialty Hospital Delhi Govt. 162 266 24 9 28 CGHS 0 90 - - 5 MCD - 132 - 1 3 Railways - - - 1 1 ESI - 32 - - 4 W.P.(C) No.10032 of 2017 Pg. 3 of 3 NDMC - 19 - 1 1 AIIMS - - - - 1 CRPF - - - - 1 Others - 17 - - - Total 162 556 24 12 44”

3. In view of the above, it would appear that the respondents have a formal programme for the Mohalla Clinic health facilities operating at all levels.

4. Inasmuch as the petitioner has requested certain suggestions in the scheme run by the respondent at existing Mohalla Clinics, we are of the view that it would be appropriate, if the same are considered by the respondents.

5. In case any of the contentions of the petitioners are found genuine, the respondents may effect appropriate modifications in the scheme which is being operated.

6. In view thereof, this writ petition is disposed of with a direction that the respondents shall treat the same as a representation; examine the contentions of the writ petitioner; and if deemed appropriate, incorporate such suggestions in the health service module being operated by it. Dasti to parties.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J FEBRUARY 26, 2018