Facts
The Delhi High Court took suo motu cognizance of deficiencies in the public healthcare infrastructure in Delhi.
Source reference: no citationThe Amicus Curiae highlighted the case of Mrs. Kamar Jahan, a 70-year-old patient who was denied an ICU bed at LNJP Hospital despite the hospital's website showing availability.
Source reference: p. 3-4Evidence showed that emergency phone lines were non-responsive.
Source reference: p. 4, para. 7The court noted a lack of uniformity in the implementation of the NextGen e-Hospital Management Information System (HMIS) across 38 Delhi government hospitals.
Source reference: p. 4-5At the Delhi State Cancer Institute, a PET Cyclotron purchased for ₹15.42 crore in 2017 has remained non-functional due to lack of manpower and expired licenses.
Source reference: p. 7-8, para. 24-25Issues
1. Whether the lack of uniformity and real-time updates in the HMIS and "ICU Beds Saarthi" application constitutes a failure in the state’s duty to provide accessible healthcare.
Source reference: p. 5, para. 10-112. Whether the non-operation of high-cost medical equipment (PET Cyclotron) due to administrative lapses amounts to a gross waste of public resources.
Source reference: p. 8, para. 273. What directions are necessary to ensure accountability in patient referrals and medical infrastructure management.
Source reference: p. 5, para. 14Law Applied
The Court applied the constitutional mandate of the Right to Health under Article 21 of the Constitution of India, emphasizing the state's obligation to maintain functional medical infrastructure and provide timely emergency care.
Source reference: no citationIt relied on principles of administrative accountability and the doctrine of public trust regarding the efficient use of public resources (e.g., the procurement and operation of life-saving medical equipment).
Source reference: no citationReasoning
The Court observed a significant disparity between the digital data (reflecting bed availability) and the ground reality where patients are turned away.
Source reference: p. 4, para. 6The Court reasoned that the HMIS platform’s failure to transmit patient details effectively to the Ayushman Bharat Health Account (ABHA) prevents seamless inter-hospital transfers.
Source reference: p. 4-5, para. 9The Court found the non-responsiveness of emergency helplines and the failure of hospitals to answer calls as a breakdown of the emergency support system.
Source reference: p. 4, para. 7Regarding the PET Cyclotron, the Court characterized the 9-year delay in making a ₹15.42 crore machine functional as a "gross waste of public resources," noting that equipment was procured without ensuring the necessary trained manpower or regulatory compliance.
Source reference: p. 8, para. 26-27Holding
The Court directed the National Informatics Centre (NIC) to conduct surprise audits of all 38 hospitals by July 31, 2026, to verify ICU bed data accuracy and HMIS implementation.
The Court ordered the GNCTD to propose a 24/7 toll-free helpline for emergency bed inquiries and to establish a nodal officer system for patient transfers.
Source reference: p. 6, para. 14(ii)-(iii)For the patient Mrs. Kamar Jahan, the Court ordered immediate ICU admission and treatment at LNJP Hospital.
Source reference: p. 6, para. 15The Court mandated all GNCTD hospitals to file an audit report in tabular form detailing all unused/non-functional equipment and the reasons for the same; matter listed for further consideration on August 7, 2026.
Source reference: p. 8, p. 9, para. 28-30Original Court PDF
Court On Its Own MotionvsUnion Of India And Ors
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in