Full Text
HIGH COURT OF DELHI
Date of Decision: 8th August, 2025
27526/2018 COURT ON ITS OWN MOTION .....Petitioner
Through: Mr. Vishwajeet Singh, Advocate for Mr. Siddharth Aggarwal, Sr. Adv.
(Amicus)
Through: Ms. Arunima Dwivedi, CGSC
Mrs. Avnish Ahlawat, SC
AND
COURT ON ITS OWN MOTION .....Petitioner
Through: Mr. Ashok Agarwal, Ms. Poonam Agarwal, Mr. Kumar Utkarsh & Mr. Manoj Kumar, Advs. for Amicus
Through: Mr. Ravinder Agarwal, Mr. Manish Kumar Singh, Mr. Vasu Agarwal, Advocates for UPSC.
Mrs. Avnish Ahlawat, SC
Prathiba M. Singh, J. (Oral)
JUDGMENT
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 respect to filing status report on various aspects. Relevant portion of the said order dated 25th April, 2025, is extracted herein below:
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
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 radiological diagnostic services through PPP: Council of Ministers has approved the proposal of outsourcing of Radiological diagnostic services for GNCT of Delhi hospitals on Public Private Partnership mode vide Cabinet Decision no. 3186 dated 02.05.2025. However, it has been recently directed to explore the feasibility of implementing this project through Public Sector Undertakings (PSUs). Accordingly, Department is examining the matter and a decision will be taken shortly.
5. Dedicated full time MS/MD/HoD for all hospitals: It is submitted that posting order of full time MD/MS/Director has already been issued vide order dated 28.04.2025 after approval of Competent Authority.
6. Opening of Jan Aushadhi Kendras (JAK) inside each hospital: It is submitted that set up of Jan Aushadhi Kendra (JAKs) in 29 Delhi Government Hospitals is under process. The tender has been awarded in all the hospitals and work is going on.
7. Expanding the scope of DAK to cover non trauma emergencies: DAK has been renamed as State Health Agency and the composition of the State Health Agency is also changed. The process of subsuming / integration of various schemes of DAK with Ayushman Bharat Scheme is also in process. Further, the Pradhan Mantri Jan Arogya Yojana scheme has been adopted by the GNCTD and the Memorandum of Understanding (MoU) has already been signed with the Ministry of Health and Family Welfare, Government of India on 5th April, 2025. As per cabinet decision, the families of Asha Worker/Aanganwadi Helpers & Workers are also part of this scheme alongwith the senior citizen of Delhi having the age of 70 years and above, irrespective of their family income status. All the beneficiaries under the scheme can avail the treatment of non-trauma emergencies also, as per AB PM-JAY packages. The Scheme is being fully implemented and if any further directions are required, the same will be sought by filing an application. Current Status of the scheme:- PM-JAY:- Approximately 2.98 Lakhs beneficiaries have been enrolled PM-VVY:- Approximately 1.25 Lakhs beneficiaries have been enrolled ASHA Worker:- 6,338 ASHAs are in place and their family enrollment is under process AWW/AWH Families: - 22,000 AWW/AWH are in place and their family enrollment is under process.
8. Implementation of PM- ABHIM scheme on pilot basis: Implementation of PM-ABHIM is already started in GNCTD. Establishment/upgradation of Ayushman Arogya Mandir and Integrated Public Health Labs are being carried out. The sites and agencies are mostly identified and the work in more than 50 Arogya Mandir is under process. The department is working on time bound based execution of all the component of PM- ABHIM in perfect coordination with other agencies.
9. It is submitted that a list of 20 newly recruited GDMOs Training of GDMOs and the starting of Diplomate of National Board (‘DNB’) for one week training in the Department of Emergency Medicine at AIIMS has been sent to the Director AIIMS vide letter dated 21.05.2025. Further it is also submitted that Health and Family Welfare Department, GNCTD is running DNB course in “Emergency Medicine” at Lok Nayak Hospital. Proposal for starting other DNB Course is also under process.
10. Construction of Government Hospitals In order to comprehensively review the ongoing construction of 24 Hospital Projects (Green Field, Brown Field & ICU Bedded Hospital Projects), Committee for all the 24 Hospital Projects has been constituted vide order dated 23.05.2024 with the following terms and reference:
1. Reviewing the current status and progress of the respective Green Field, Brown Field & ICU Bedded hospital project.
2. Identifying any issues or constraints in the execution and operationalization of the project and recommendations to resolve the same.
3. Plan of action to utilise the infrastructure created till date in the respective project (in whole or part) with available resources (manpower, equipments etc.)
4. Plan of action with timeline for full utilization of the project infrastructure & projection of resources required, if any. All the review committee has been directed to submit their detailed report with clear and cogent recommendations within 15 days to the DGHS, for further action.
4. A further status report dated 10th July, 2025 has been filed as per which the vacancies of the nursing officers/para-medical staff in various hospitals has been placed on record. In the case of most of the recruitments, the results are scheduled to be declared on different dates beginning with April, 2025 till December, 2025.
5. The recruitment of these staff is absolutely crucial for the health management in hospitals in Delhi. The process of recruitment shall thus be undertaken without any impediment and as and when the results are declared, after completing the necessary formalities, the appointment shall be done on a post-to-post basis without waiting for the recruitment in the other post.
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.
12. List on 22nd August, 2025.
PRATHIBA M. SINGH JUDGE MANMEET PRITAM SINGH ARORA JUDGE AUGUST 8, 2025 Rahul/ss