Court On Its Own Motion vs Union Of India And Ors

$~1 TO 3 (SDB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
rd
Date of Decision: 3 July, 2026
th
Uploaded on: 6 July, 2026

+ W.P.(C) 3903/2017, CM APPLs.18718/2017, 19134/2017 &
27526/2018

COURT ON ITS OWN MOTION .....Petitioner
Through: Mr. Vishwajeet Singh Bhati, Adv. for
Mr. Siddharth Aggarwal, Sr.Adv.
Mr. Ayush Pratap, Mr. Vikas Pratap
Singh, Mr. Rohan Pratap Singh and
Mr. Devansh Singh, Advocates (M:
7004477516).
Mr. Chirmaya Sywal, Advocate.
versus
UNION OF INDIA & ORS .....Respondent
Through: Mr. V. S. R. Krishna and Mr. V
Shashank Kumar, Advocates for
AIIMS.
Mrs. Avnish Ahlawat SC GNCTD
Services, Mr. Nitesh Kumar Singh,
Ms. Aliza Alam & Mr. Mohnish
Sehrawat, Advs.
Mr. Ravinder Agarwal, Mr. Manish
Kumar Singh & Mr. Vasu Agarwal,
Advs. for UPSC.
Ms. Arunima Dwivedi CGSC with
Ms. Himanshi Singh, Ms. Monalisha
Pradhan, Advs. for UOI.
Ms. Radhika Bishwajit Dubey, CGSC
with Ms. Gurleen Kaur Waraich, Mr.
Kritarth Upadhyay, Mr. Amulya Dev
Mishra, Advs.
Mr. Rakesh Malhotra, Mr. Bharat
Malhotra and Ms. Gayatri Bhatia,
Advocates for MCD.
W.P.(C) 3903/2017 Page 1 of 9

Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:06.07.2026
17:52:39

2(SDB) AND

+ W.P.(C) 8548/2017, CM APPLs. 985/2024, 50101/2024, 840/2026
COURT ON ITS OWN MOTION .....Petitioner
Through: Mr. Ashok Agarwal, Amicus.
versus
UNION OF INDIA AND ORS .....Respondents
Through: Mr. V. S. R. Krishna and Mr. V
Shashank Kumar, Advocates for
AIIMS.
Mrs. Avnish Ahlawat SC GNCTD
Services, Mr. Nitesh Kumar Singh,
Ms. Aliza Alam & Mr. Mohnish
Sehrawat, Advs.
Mr. Ravinder Agarwal, Mr. Manish
Kumar Singh & Mr. Vasu Agarwal,
Advs. for UPSC.
Mr. Amit Tiwari, CGSC with Ms.
Ayushi Srivastava, Mr. Ayush Tanwar
and Mr. Kushagra Malik, Advs. for
UOI.
Ms Harshita Nathrani, Adv. for Mr.
Sameer Vashisht, Standing Counsel
(Civil) GNCTD with Mr. Vinit Saxena
AD IT, Mr. Prasnat Gupta TO IT, Mr.
Akash Kumar TO IT, Ms. Arti Garg
JDIT NIC, Dr Reena Yadav Incharge
ICU Bed, Mr. Harish, SO legal,
H&FW & Mr. Manish Sr. Asst.
H&FW.

3(SDB) AND
+ W.P.(C) 15834/2025& CM APPL.64835/2025
KUTUMB THROUGH ITS TRUSTEE .....Petitioner
Through: Mr. Rudra Vikram Singh,
Mr.Ashirvad Kumar, Mr. Tarshith
Bhardwaj, Ms. Rashmi, Mr. Avdhesh
W.P.(C) 3903/2017 Page 2 of 9

Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:06.07.2026
17:52:39

Kumar Varshney & Mr. Kumar
Saurabh Singh, Advs.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Ms. Avshreya Pratap Singh Rudy,
Adv. (CGSC), Ms. Usha Jamnal, ⁠Ms.
Nyasa Sharma & ⁠Mr. Ankit Khatri,
Advs. for R-3 &4.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MANMEET PRITAM SINGH ARORA
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. On the last date of hearing i.e. 30th June, 2026, the Court had requested
the GNCTD to arrange a live demonstration of the NextGen e-Hospital
Management Information System and the daily 'ICU Beds Saarthi'
application by a competent official, which is supposed to have been
implemented in 38 hospitals across Delhi.
3. However, today, at the outset before the start of the demonstration
itself, Mr. Ashok Agarwal, ld. Amicus Curiae has brought to the notice of the
Court that one patient- Mrs. Kamar Jahan, aged 70 years, a resident of
Seelampur, Delhi, who had breathing difficulty on 30th June, 2026, had
initially approached the Jag Pravesh Chandra Hospital, Shastri Park, Delhi
and she was referred to GTB Hospital/LNJP Hospital by one Dr. Prakash, Sr.
Resident, Department of Medicine at Jag Pravesh Chandra Hospital.
4. The said patient required an ICU bed, however, when the patient
approached the LNJP Hospital, she was discharged with some cursory
treatment on the ground that no ICU beds were available.
5. The grand-daughter of Mrs. Kamar Jahan, who is also present in Court
W.P.(C) 3903/2017 Page 3 of 9

Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:06.07.2026
17:52:39

today submits that at the time when they went to the LNJP Hospital, two ICU
beds were reflected on the website as being available, however, the patient
was turned back.
6. This is an unfortunate situation which shows that despite the ICU beds
being shown to be available on the website, the patient was not provided the
same.
7. In addition, the grand-daughter of the said patient has also informed the
Court that despite repeated phone calls being made at the LNJP Hospital on
the numbers which were provided on the website, there was no positive
response and on one of the phone numbers a security guard answered and he
was unable to inform as to whether any ICU bed was available or not. The
Court Master had also dialled the numbers which were provided but the lines
were either busy or there was no answer. The numbers dialled were as under:
i. 9873617028
ii. 9873012241
iii. 01123235152
8. In addition, the Court has also seen both the prescriptions, one of the
Jag Pravesh Chandra Hospital and other of the LNJP Hospital, which would
show that in the Jag Pravesh Chandra Hospital, no Unique Health
Identification (UHID) has been created for the patient and in LNJP Hospital,
a UHID has been created.
9. Ms. Aarti Garg, Joint Director, NIC, who is present with her team
which is developing the NextGen e-Hospital Management Information
System (HMIS) submits that the UHID number enables the details of the
patient to be accessible within the hospital and only when it is transmitted on
to the Ayushman Bharat Health Account (ABHA), the patient detail would be
W.P.(C) 3903/2017 Page 4 of 9

Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:06.07.2026
17:52:39

accessible to other hospitals as well.
10. It is, therefore, unclear as to how the HMIS Platform is being used by
the hospitals and it is also unclear as to why there is no uniformity in the
implementation of the HMIS Platform.
11. Clearly, there is disparity in the manner in which the HMIS Platform is
being implemented across the Delhi Government hospitals.
12. Dr. Amit Gupta from LNJP Hospital and Dr. Ashish from Deep Chand
Bandhu Hospital have also joined the Court proceedings online and have
heard the proceedings today.
13. It is clear that there needs to be consistency and uniformity in using the
NextGen e-Hospital Management Information System (HMIS) and it is also
necessary to ensure that the persons who are manning the various telephone
lines in the hospitals and are present at the hospitals do not turn down patients.
14. In order to ensure that there is effective implementation of these
systems which have been put in place, this Court is of the opinion that further
directions would be required to be issued. Accordingly, it is directed as under:
i. Ms. Aarti Garg, Joint Director, NIC along with her team shall
conduct surprise inspection/audit in all the 38 hospitals across Delhi on
different dates, till 31st July, 2026 and shall place on record an audit
report giving the following details:
a) Whether the number of available ICU beds in the hospitals are
properly reflected and updated on the website or not;
b) Whether the phone calls which are being received in emergency
situations seeking assistance for ICU beds are being properly
attended to or not;
c) Whether the NextGen e-Hospital Management Information
W.P.(C) 3903/2017 Page 5 of 9

Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:06.07.2026
17:52:39

System (HMIS) is being uniformly and consistently
implemented in all the 38 hospitals or not.
In case there are any gaps noted by the NIC team, the same shall be
clearly pointed out to the Court in the audit report.
ii. The GNCTD shall consider setting up a toll free number with at
least 10 to 20 lines available at any point for emergency services and
ICU bed availability related enquiry, which is properly manned and the
proposal in this regard shall be placed before the Court. These toll free
numbers ought to be able to provide live data in respect of ICU beds
and specialities in different hospitals etc., so that whenever patients or
caretakers or ambulance services, call these toll free numbers they get
the proper information about the availability of such facilities.
iii. GNCTD shall also place on record a response stating as to
whenever there is any reference made from one hospital, for transfer of
a patient to another hospital, is there a nodal person who is in charge
of giving effect to the said reference and ensuring that the said patient
is not turned away. If no such mechanism is in place, GNCTD shall
also place on record the necessary steps that ought to be taken to bring
such a system into effect.
15. In the facts of the case that have put forth before the Court today, the
patient Mrs. Kamar Jahan is referred to Dr. Amit Gupta, LNJP Hospital today
itself for giving her an ICU bed and for providing the proper and necessary
treatment.
16. A status report in this regard shall be filed by Dr. Amit Gupta by the
next date of hearing.
17. Liberty is granted to Mr. Agarwal, ld. Amicus Curiae to mention the
W.P.(C) 3903/2017 Page 6 of 9

Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:06.07.2026
17:52:39

matter, if so required.
18. All the required facility such as transportation etc., to the NIC team
headed by Ms. Aarti Garg, shall be provided by the Department of Health &
Family Welfare, GNCTD for the conducting of audit, as provided above.
19. If Ms. Garg wishes to constitute two or three parallel teams for
conducting the audit, vehicles shall also be made available by the GNCTD for
the same.
20. The invoice for the expense incurred in the conducting of said
inspection/special audit shall also be raised by the NIC on the Department of
Health and Family Welfare, GNCTD.
21. The Secretary, Department of Health & Family Welfare, GNCTD shall
accord the necessary sanction as per this order.
22. Further, on the last date of hearing, the Court had also directed GNCTD
to look into a note circulated by the ld. Amicus Curiae and keep their response
ready.
23. A senior official who is looking after the administration of the Delhi
State Cancer Institute was also directed to join the Court proceedings. Dr.
Pragya Shukla, HOD, Clinical Oncology, Delhi State Cancer Institute is
present before the Court pursuant to the previous order.
24. She confirms that the PET Cyclotron equipment, which is used for PET
scans is presently not operational at Delhi State Cancer Institute, as the
concerned faculty was not available in the Delhi Government even after
procurement of the machine in 2017 and only in February, 2026 a specialist
doctor has been taken on board from the Safdarjung Hospital.
25. She also confirms that even as of today, the said equipment is not
functional as certain approvals are pending. With respect to the PET
W.P.(C) 3903/2017 Page 7 of 9

Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:06.07.2026
17:52:39

Cyclotron, ld. Amicus had, in his note, stated as under:
“c. Wastage of Public Resources (PET Cyclotron): A
PET Trace-10 Medical Cyclotron installed on
September 25, 2017, at a cost of ₹15.42 crore to provide
critical nuclear medicine services has been non-
operational since April 2022 solely due to a lack of
trained manpower. Shockingly, its regulatory license
also expired in February 2024 and has not been
renewed.”

26. A perusal of the above shows that the PET cyclotron equipment is
stated to have been purchased at a cost of Rs. 15.42 crores and has remained
non-operational and non-functional for several years despite substantial
amount having been spent.
27. It is clear that this is a gross waste of public resources.
28. Accordingly, it is directed that all the hospitals under the GNCTD shall
conduct an audit and file a report before this Court as to all the
equipment/machinery which have been purchased by them and are lying
unused.
29. The said affidavit shall be filed by the Medical Superintendents of all
the respective hospitals, at least five days before the next date of hearing.
30. The list of the unused equipment shall be placed in a tabular form in
the following manner:
Sr. No. Nature of
equipment
and purpose
of the
equipment:
Cost and
year in
which it was
purchased:
Whether the
equipment is
used or unused:
If the
equipment
is unused,
reasons
thereof:

31. Let a copy of this order be communicated to all the Medical
Superintendents of the GNCTD Hospitals across Delhi by the Office of Mr.
W.P.(C) 3903/2017 Page 8 of 9

Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:06.07.2026
17:52:39

Sameer Vashisht ld. Standing Counsel for GNCTD and if required, through
the Secretary, Department of Health & Family Welfare, GNCTD.
th
32. List these matters for further consideration on 7 August, 2026.


PRATHIBA M. SINGH
JUDGE

MANMEET PRITAM SINGH ARORA
JUDGE
JULY 03, 2026
dj/ss
W.P.(C) 3903/2017 Page 9 of 9

Signature Not Verified
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:06.07.2026
17:52:39