Recruit Regular Full-Time MS Or MD, File Status Report On Unused Equipments: Delhi High Court Issues Directions On Functioning Of Govt Hospitals

The High Court was considering the issue of the functioning of 38 government hospitals including the inconsistencies in use of NextGen e-Hospital Management Information System (HMIS), streamlining the process of a common helpline number for information across the hospitals, appointment of referral coordinators in each hospital as well as the issue relating to unused equipments lying in the hospitals.

The Bench comprising Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora held, “The Court is also unfortunately informed that in some hospitals there is are not MS/MD as well. In the hospitals where there are no M.S./M.D., including the Society- Run hospitals, the first step would be to recruit a regular full time M.S. or M.D. in the said hospitals.”

“Further, an additional status report shall be filed in respect of the unused equipment, especially, MRI, CT Scan, PET Scan, USG machine, and provide details as to in which hospitals these facilities are available and where there is adequate regular or contractual manpower to run these equipment or not. While giving these details, use by consultants on a random basis shall not be constituted as use of equipment”, it ordered.

Senior Advocate Siddharth Aggarwal represented the Petitioner while Central Govt Standing Counsel Arunima Dwivedi represented the Respondent.

Reasoning

The Bench first dealt with the issue relating to the toll free number and considering that there are 30 lines and 30 operators who are operating these lines, it held, “This number would be required to be increased as the total number of calls received on this dedicated number are stated to be around 2200 calls per day and there are at least 500 call drops everyday as per Mr. Divedi, HOO (CATS).”

Next, the Bench dealt with the aspect of referral coordinators. The Court had observed on the previous occasion that when a patient is referred from one government hospital to another, there is lack of coordination between the respective government hospitals, leading to severe trouble to the patient and their family, as also a loss of crucial time for these patients who require urgent attention. On a perusal of the record, the Bench noted that there is only one referral coordinator who has been nominated in 37 of the 38 hospitals.

“Considering that doctors usually work in 8 to 10 hour shifts, there ought to be at least three referral coordinators round the clock, to facilitate the patients who are referred from one hospital to the other”, it stated while also adding, “Let the said list be updated so that at any point in time there are referral coordinators who are available in each of the hospitals to assist the patient whenever the patient is moved from one hospital to another.”

Coming to the aspect of unused equipment lying in the hospitals and recruitment of staff due to severe shortage, the Court had earlier noted severe deficiencies across several government hospitals in Delhi on the last date of hearing. From the submissions made and from a perusal of the status report, the Bench found that the Government hospitals in Delhi are facing enormous difficulty in recruiting the necessary doctors and other necessary staff. “There is no uniform HR policy of the Delhi Government to take care of these recruitment”, it stated and also added, “In the opinion of this Court, the Secretary, Health and Family Welfare, would have to deal with the issue of recruitment in a centralised manner, rather than allowing recruitment at the local level on a contractual basis.”

The Bench further directed recruitment of a regular full time M.S. or M.D. in the said hospitals where there are no M.S./M.D. “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 which are stated to be the biggest GNCTD run hospitals, shall be present in Court physically on the next date of hearing along with the Secretary, Health and Family Welfare, Delhi Government”, it ordered.

The Bench has now listed the matter on October 10, 2026.

Cause Title: Court On Its Own Motion v. Union Of India (Neutral Citation: 2026:DHC:8091-DB)

Appearance

Petitioner: Senior Advocate Siddharth Aggarwal, Advocate Vishwajeet Singh Bhati

Respondent: Central Govt Standing Counsel Arunima Dwivedi, Advocates Himanshi Singh, Monalisha Pradhan, CGSC Amit Tiwari, Advocates Ayushi Srivastava, Arpan Narwal, Kushagra Malik, V.S.R. Krishna, Ravinder Agarwal, Manish Kumar Singh, Vasu Agarwal, SC Avnish Ahlawat, Advocates Nitesh Kumar Singh, Aliza Alam, Mohnish Sehrawat, Rakesh Malhotra, Bharat Malhotra Gayatri Bhatia, Sagar Saxena, Krishnandu Haldar, Abu Hassan Usmani, Nitesh Kumar Singh Aliza Alam