W.P.(C)/3903/2017 of COURT ON ITS OWN MOTION Vs UNION OF INDIA & ORS on 30 October 2026

1. This hearing has been done through hybrid mode.

2. On the last date of hearing i.e., 18th September, 2026 the Court had considered various issues with respect to the functioning of 38 government hospitals across Delhi, including streamlining the process of a common helpline number for information across the hospitals, appointment of referral coordinators in each hospital, appointment of regular Medical Superintendents/Medical Directors (hereinafter ‘M.S./M.D.’ respectively) across all 38 hospitals in Delhi as also the issues pertaining to unused equipments lying in the hospitals.

3. With respect to the said issues, this Court had issued various directions

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to the Secretary, Department of Health & Family Welfare, GNCTD to hold meetings with the concerned persons and file their status reports on each of the aspects.

4. Today, pursuant to the directions passed by this Court on 18th September, 2026, out of the 38 hospitals, the M.S./M.D./Director of LNJP Hospital, GTB Hospital, DDU Hospital, G.B. Pant Hospital and Sanjay Gandhi Hospital are present in the Court physically along with Special Secretary, Health and Family Welfare, Delhi Government.

5. Further, Mr. Sameer Vashisht, ld. Counsel for Government of National Capital Territory of Delhi (hereinafter ‘GNCTD’) has placed on record a soft copy of the status report. Let the same be brought on record by the ld. Counsel.

6. In the said status report, pursuant to the directions passed by this Court on 18th September, 2026, the stand of GNCTD with respect to the various aspects is as under: Toll Free Number

7. On 18th September, 2026, as per the minutes of meeting placed before the Court on the said date, the Court had directed Mr. Alok Kumar Divedi, Head of Operations of the Centralised Accident and Trauma Services (hereinafter ‘CATS’) to make a data sheet for at least a month, mapping the number of calls dropped on one day and the number of lines and operators that need to be increased on the toll free number “102” which was identified as the dedicated number to assist patients and their family members in respect of availability of ICU beds in all 38 government hospitals across Delhi.

8. Further, the Court directed Mr. Divedi, HOO (CATS) to file a status report after analysing the data and take steps for increasing the lines and the operators.

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9. Mr. Divedi, HOO (CATS) is present today in Court.

10. A perusal of the status report filed by Mr. Vashishth, ld. Standing Counsel shows that the data for the month of September, 2026 has been analysed.

11. Mr. Divedi has also handed over the data for October, 2026 which is extracted below -

12. The data across September to October shows that the average calls received are approximately 2000-2300 every month and the call drop rate is around 300-500 per week.

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13. The number of ICU bed enquiries in September, 2026 was 57 and in the month of October, 2026, it is stated to be 41. He submits that the dashboard facility has been made accessible to all the operators who are answering the calls. In addition, whenever there are enquiries which are made, the caller is provided the number of the concerned Referral Coordinator in each hospital depending on the nature of the request. On the basis of the existing data for the month of September, 2026 the status report states as under:

14. As can be seen from the above, the recommendation of Mr Divedi, HOO (CATS) is that, on the basis of the existing call traffic, if ten additional helpdesk lines are created, the same would be sufficient. He submits that upon training the Operators, as compared to September, 2026, in the month of

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October, 2026, the call drop rate had also reduced.

15. Accordingly, the GNCTD shall make all the necessary arrangements for an increase of ten additional helpdesk lines along with corresponding manpower for 24x7 operation. This would increase the existing capacity from 30 to 40 seats/helpdesk lines.

16. The Secretary, Health and Family Welfare, GNCTD shall take the necessary steps within the next four weeks and a status report shall be filed in this regard.

17. Mr Divedi, HOO (CATS) shall also randomly be in touch with the Referral Coordinators just to ensure that the Coordinators are functioning and are available for helping patients. Referral Coordinators

18. The Court on the previous occasion had perused the list of ‘referral coordinators’, i.e., persons who can be the focal point of contact whenever patients are referred from one hospital to another.

19. As per the list, it was seen that there is only one referral coordinator each, who has been nominated in 37 of the 38 hospitals - thereby, the Court had directed that the list ought to be updated to at least three referral coordinators round the clock, to facilitate patients who are referred from one hospital to the other.

20. Today, as per the status report placed before the Court the list of Referral Coordinators along with their mobile numbers and landline numbers have been identified for three shifts round the clock and dedicated for patients who seek ICU beds or any other assistance.

21. The list of Referral Coordinators along with their mobile numbers be put up on the website of the Delhi Government to ensure easy access to the

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patients who are calling or looking for ICU beds.

22. In any event, Mr Divedi, HOO (CATS) shall periodically keep verifying that the said Referral Coordinators are available. Medical Superintendent/Medical Directors

23. On the previous date the Court had directed that in the hospitals where there are no M.S./M.D. including the Society-Run hospitals, the first step ought to be to recruit a regular full time M.D. or M.S. or a Director in the said hospitals.

24. Today, out of 38 hospitals, the status of the appointment of the Medical Superintendents/Medical Directors in 31 of these hospitals is stated to be as under: S. No. Name of Officer/Doctor Posted as

Dr. Rati Makkar, CMO (SAG) Director General, Directorate General of Health Services

Dr. B.L. Chaudhary, Dir. Prof. (Forensic Science) MD, Lok Nayak Hospital

Dr. Muhammad Abid Geelani, Dir. Prof. (CTWS) MD, Govind Ballabh Pant Hospital

Dr. Suresh Kumar, Dir. Prof. (Medicine) Director Principal, Dr. Baba Saheb Ambedkar Medical College

Dr. Meenakshi Sidhar, CMO (SAG) MD, Dr. Baba Saheb Ambedkar Hospital

Dr. Mrigendra Das, CMO (HAG) MD, Deen Dayal Upadhyay Hospital

Dr. Satyendra Kumar, CMO (SAG) MS, Guru Gobind Singh Govt. Hospital

Dr. Hema Malik, CMO (SAG) MD, Burari Hospital Signed By:DHIRENDER KUMAR

Dr. Jyotsana Bharti, CMO (SAG) MS, Satyawadi Raja Harish Chandra Hospital

Dr. Akhilesh Kumar Verma, CMO (SAG) MS, Lal Bahadur Shastri Hospital

Dr. Vatsala Agrawal, CMO (SAG) MS, Deep Chand Bandhu Hospital

Dr. Manoj Kumar, CMO (SAG) MS, Bhagwan Mahavir Hospital

Dr. Praween Kumar Dalmia, CMO (SAG) MS, Dr. Hedgewar Arogya Sansthan

Dr. Mrityunjay, CMO (SAG) MS, Sanjay Gandhi Memorial Hospital

Dr. Poonam, CMO (SAG) MS, Rao Tula Ram Memorial Hospital

Dr. Uma K., CMO (SAG) MS, Acharya Shree Bhikshu Hospital

Dr. Jitendra Kumar, CMO (SAG) MS, Maharishi Valmiki Hospital

Dr. Renu Gur, Consultant (Microbiology) MS, Sardar Vallabh Bhai Patel Hospital

Dr. Sushma Jain, CMO (SAG) MS, Jag Pravesh Chandra Hospital

Dr. Meenakshi Thakkar, Dir. Prof. (Ophthalmology) Director, Guru Nanak Eye Centre

Dr. Vinod Kumar, Dir. Prof. (Ortho) MD, Guru Teg Bahadur Hospital

Dr. Megh Nath Singh, CMO (SAG) MS, Aruna Asaf Ali Govt. Hospital

Dr. Gaurav Sangh Pradhan, Dir. Prof. (Radiology) MD, Indira Gandhi Hospital

Dr. Sudha Sachdeva, CMO (SAG) MS, Dr. N.C. Joshi Memorial Hospital

Dr. A. G. Radhika, Consultant (OB&G) Director, Directorate of Family Welfare Signed By:DHIRENDER KUMAR

Dr. Ritu Dharmarha, CMO (SAG) MD, Ambedkar Nagar Hospital

Dr. G.P. Kaushal, CMO (SAG) MS, Pt. Madan Mohan Malviya Hospital

Dr. Diwakar, CMO(SAG) MS, Attar Sain Jain Eye and General Hospital

Dr. Puja Sakhuja, Director Professor Medical Director, Govind Ballabh Pant Hospital

Dr. Jyoti Sachdeva, CMO (SAG) Medical Superintendent, Sardar Vallabh Bhai Patel Hospital

Dr. Poonam Laul, Consultant (SAG) (Obst. & Gynae.) Medical Superintendent, Dr. N.C. Joshi Memorial Hospital

25. Insofar as two more hospitals of the Delhi Government are concerned i.e., Dr. N.C. Joshi Memorial Hospital and Guru Nanak Eye Centre, there are no Medical Superintendents/Medical Director. Mr. Vashisth submits that the file has been moved to the National Capital Civil Service Authority (hereinafter ‘NCCSA)’ under the Government of National Capital Territory of Delhi (Amendment) Act, 2023. The said authority is a body consisting of three members i.e., Hon’ble the Chief Minister of Delhi, the Chief Secretary, GNCTD and the Principal Home Secretary of Delhi.

26. Insofar as these two hospitals are concerned, it is a matter of concern that the hospitals are functioning without a M.D. or M.S. There is an urgent need to fill up the post of M.D/M.S. in the said two hospitals.

27. Accordingly, the Chief Secretary, GNCTD shall immediately take steps for coordinating and convening a meeting of the NCCSA so that the appointment of the MD/MS for these hospitals can be done by 30th November, 2026.

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28. Insofar as the 8 Society run hospitals are concerned, it is seen that out of 8 Society run hospitals, Institute of Human Behaviour & Allied Sciences has Dr. R. K. Dhamija, as the Medical Director on deputation. Insofar as 7 remaining hospitals are concerned, there, the concerned MD/MS are on additional charge or by seniority and no regular appointment has been made.

29. The appointment or nomination of doctors on additional charge basis would be a completely inefficient process in respect of both the hospitals where the said MD/MS is functioning. These hospitals need full time MS/MD and considering the footfall and resource crunch in these hospitals, sharing of MS/MD would result in lack of efficient administration and governance.

30. Mrs. Avnish Ahlawat, ld. Standing Counsel for GNCTD submits that interviews for the 7 society run hospitals for the post of M.D/M.S is scheduled to be held on 31st October, 2026. According to Mrs. Ahlawat the same was a long process involving framing of rules, issuance of advertisements, etc.

31. Since the interviews are being held on 31st October, 2026, let the appointment of all the M.D/M.S. for these 7 society run hospitals be carried out by 25th November, 2026 and the status report be placed on record by 30th November, 2026. Recruitment of Staff and issue of equipment and unutilized equipment in all the Hospitals

32. Insofar as the issue relating to unused equipment lying in hospitals and recruitment of staff due to shortage is concerned, the Court had, upon noting severe deficiency across several government hospitals, been informed that there is no technically qualified manpower for using the equipment.

33. The Court had directed that a strict timeline would have to be prescribed by the Secretary, Health and Family Welfare, GNCTD, for

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recruitment of the required staff.

34. Thus, a meeting was directed to be held between Secretary, Health and Family Welfare, GNCTD, and also Secretary, Services, GNCTD, to hold a meeting with the MS/MD of each of the 38 hospitals in Delhi. Pursuant to the said direction, a meeting is stated to have been held on 28th September, 2026 under the chairmanship of the Secretary, Health and Family Welfare, GNCTD, where as per the minutes of the meeting it was directed as follows -

35. Today a chart has been placed on record in the status report, which shows that a substantial number of posts are lying vacant in the following categories.

(i) General Duty Medical Officer (hereinafter ‘GDMO’)

(ii) Non Teaching Staff (hereinafter ‘NTS’)

(iii) Paramedical Staff (hereinafter ‘PMS’)

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The total vacant positions as per the status report are as under:

Post Total Sanctioned Posts Filled Posts Vacant Posts General Duty Medical Officer

Non Teaching Staff

Paramedical Staff

36. Recruitment to these positions happens through two sources, one is the Union Public Service Commission (hereinafter ‘UPSC’) and the other is Delhi Subordinate Services Selection Board (hereinafter ‘DSSSB’).

37. Mr. Ravinder Aggarwal, ld. Counsel for the UPSC is present in Court Signed By:DHIRENDER KUMAR

today.

38. Let a requisition be sent by the Delhi Government for vacant positions of GDMOs and NTSs within two weeks to the UPSC. The UPSC, as an exceptional case, shall commence the process of recruitment without waiting for the annual cycle of submission in January to March, 2027.

39. The UPSC shall, by the next date of hearing, file a status report as to whether it has received the said requisition and whether the process of recruitment has been initiated or not.

40. In the meantime, the Court is informed that under the orders of Hon’ble Lieutenant Governor , all the MSs/MDs have been permitted to retain contractual staff for these positions in order to ensure that the functioning of these hospitals is not impeded in any manner.

41. Accordingly, MSs/MDs of each of the hospitals shall take steps for engaging the contractual employees for GDMOs & NTSs as per the permissible and applicable guidelines.

42. The MSs/MDs shall be responsible for engaging necessary contractual employees through the Board, which has been created for the said purpose, which is stated to be headed by Dr. Munisha Aggarwal, Dean, Maulana Azad Medical College, Delhi.

43. The Dean, Maulana Azad Medical College shall along with other Board members, take urgent steps for recruitment of contractual employees in all these three categories without any further delay. The said process shall be completed within a period of two months from today and Dr. Munisha Aggarwal, shall be present in Court on the next date of hearing and submit a status report as to the steps undertaken for the recruitment of the contractual employees and the strength of such employees employed.

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44. Insofar as the Paramedical Staff is concerned, the MSs/MDs of the respective hospitals shall take steps to engage contractual employees for all the vacant positions within two months. The DSSSB shall file a status report as to the status of the recruitment of Paramedical Staff for all the vacant positions by the next date of hearing.

45. In the process of recruitment by UPSC and DSSSB, going by the past experience, it appears that the persons, who are finally selected, may not join their respective positions. Accordingly, an adequate waiting list shall be maintained by the concerned authority.

46. Insofar as the equipment in all these hospitals is concerned, this Court would like, in an illustrative manner, to look at the five hospitals i.e. LNJP Hospital, GTB Hospital, DDU Hospital, G.B. Pant Hospital and Sanjay Gandhi Hospital which are stated to be amongst the biggest GNCTD run hospitals.

47. In these hospitals, the concerned MSs/MDs who are present in Court, shall create a list of the required equipment and unutilized equipment and take steps to write to the Delhi Government for sanctioning of any such equipment, which are required. Let these five hospitals submit such requisition by 30th November, 2026.

48. The Health Secretary, GNCTD shall look into the same and hold a meeting with the above named MSs/MDs and approve the necessary equipment.

49. One of the main issues that has been flagged is in respect of shortage of radiologists in Delhi Government hospitals. One of the solutions, which was suggested earlier is to outsource the radiology related tests and have them done by the private sector, the same being made available free to the patients,

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and funded by the Government.

50. In this regard, an assessment needs to be made by the Health Secretary, GNCTD as to how much expenditure was incurred on use of private facilities for such tests such as MRI, Ultrasound and scans etc. and whether the salaries of contractual employees could be considered to be increased so that more candidates are willing to join even on contractual basis.

51. In the meantime, let the MSs/MDs of all 38 hospitals hold a meeting presided over jointly by Dr. B.L. Chaudhary, M.D.LNJP Hospital and Dr. Puja Sakhuja, M.D. G.B. Pant Hospital, if Dr.Munisha Aggarwal is unavailable. Let a common report be filed by the said doctors suggesting the steps to be taken by the Delhi Government hospitals for ensuring availability of equipment or availability of staff.

52. The said meeting shall be held on 16th November, 2026 at 2:30 PM. In the said meeting Mr. Yash Chaudhary, Special Secretary shall also be present on behalf of the Delhi Government. Both Dr. Chaudhary and Dr Puja Sakhuja shall also remain present in the Court on the next date of hearing.

53. List on 17th December, 2026.

PRATHIBA M. SINGH JUDGE

MANMEET PRITAM SINGH ARORA JUDGE

OCTOBER 30, 2026 Rahul/dk/as

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