$~5 & 6 (SDB) * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18th September, 2026 Uploaded on: 21st September, 2026 # CNR No. DLHC012320462017 + W.P.(C) 3903/2017 COURT ON ITS OWN MOTION .....Petitioner Through: Mr. Vishwajeet Singh Bhati, Adv for Mr. Siddharth Aggarwal Sr. Adv. versus UNION OF INDIA & ORS .....Respondents Through: Ms. Arunima Dwivedi, CGSC with Ms Himanshi Singh Adv Ms Monalisha Pradhan Adv. for UOI. Mr. Amit Tiwari, CGSC with Ms. Ayushi Srivastava, Mr. Arpan Narwal & Mr. Kushagra Malik, Advs. for UOI. Mr. V.S.R. Krishna, Adv. for AIIMS. Mr. Ravinder Agarwal, Mr. Manish Kumar Singh & Mr. Vasu Agarwal, Advs. for UPSC. Mrs Avnish Ahlawat, SC, GNCTD Services, Mr Nitesh Kumar Singh, Ms Aliza Alam, Mr Mohnish Sehrawat, Advs. Mr. Rakesh Malhotra, Mr. Bharat Malhotra and Ms. Gayatri Bhatia - Advocates for MCD. Mr. Sagar Saxena, Mr. Krishnandu Haldar, Mr. Abu Hassan Usmani, Advs. for JACSDO. Mrs Avnish Ahlawat SC GNCTD Services, Mr Nitesh Kumar Singh & Ms Aliza Alam, Advs. 6 # CNR No. DLHC014464172017 + W.P.(C) 8548/2017 COURT ON ITS OWN MOTION .....Petitioner Through: Mr Kumar Utkarsh, Adv. for Amicus - Mr. Ashok Agarwal Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Ravinder Agarwal, Mr. Manish Kumar Singh & Mr. Vasu Agarwal, Advs. for UPSC. Mr. V.S.R. Krishna, Adv. for AIIMS. Ms Harshita Nathrani, Adv. for Mr. Sameer Vashisht, Standing Counsel (Civil)GNCTD Mrs Avnish Ahlawat, SC, GNCTD Services, Mr Nitesh Kumar Singh, Ms Aliza Alam, Mr Mohnish Sehrawat, Advs. Mr. Rakesh Malhotra, Mr. Bharat Malhotra and Ms. Gayatri Bhatia - Advocates for MCD CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MANMEET PRITAM SINGH ARORA Prathiba M. Singh, J. (Oral) 1. On the last date of hearing i.e. 7th August, 2026, the Court had considered various issues with respect to the functioning of 38 government hospitals across Delhi, 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 also the issues pertaining to unused equipments lying in the hospitals. 2. With respect to the said issues, this Court had issued various directions 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. 3. Today, a status report has been handed over by Mr. Sameer Vashishth, ld. Counsel for GNCTD on various aspects relating to management, administration and recruitment in various hospitals across Delhi. The status report is taken on record. 4. In the said status report, it is submitted that pursuant to the directions passed by this Court on 7th August, 2026, a meeting was held on 17th August, 2026, chaired by the Secretary, Department of Health & Family Welfare, GNCTD. Minutes of the meeting have also been placed on record along with the status report. The stand of GNCTD with respect to the various aspects is as under: Toll Free Number 5. On 3rd July, 2026, the Court had directed GNCTD to consider setting up of a toll free number to facilitate emergency services and ICU beds related enquiries. 6. Pursuant to this direction, a status report was filed by GNCTD on 7th August, 2026. However, the same was not clear as to which is the CATS number which can be used for the said purpose and whether the persons who are answering the CATS telephones are provided with the information relating to availability of ICU beds and hospital speciality information or not. Hence, GNCTD was directed to file a better status report giving more details on this aspect. 7. In the minutes of the meeting placed before this Court today, the said issue has been dealt with and the stand of the GNCTD is as under: “In compliance with the Order dated 07.08.2026 passed by the Hon'ble High Court of Delhi in W.P.(C) 3903/2017, a meeting was held under the Chairmanship Secretary (Health & of Family Welfare), GNCTD on 25.08.2026. It was decided that the existing Toll-free number "102" operated by Centralised Accident & Trauma Services (CATS) shall be utilised as the common helpline for emergency services and for responding to public enquiries regarding availability of ICU beds in order to provide a common helpline number to citizens and avoid duplication of helpline numbers. Accordingly, on 02.09.2026, access to the ICU Dashboard web portal has been provided to the CATS Control Room (Toll Free No. 102) by the team comprising officers of the Information Technology Branch of H&FW Department, In-charge of the ICU Dashboard and NIC. Requisite training on Dashboard has also been imparted to the CATS Control Room staff by the said team. A dedicated Desk for monitoring real-time ICU bed availability has thus been made functional at CATS.” 8. As per the above, the toll free number “102” has been 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. The operators on this toll free number who were earlier dealing with only ambulances are stated to have now been given access to an ICU dashboard portal so that whenever there is any enquiry in respect of the availability of ICU beds, the concerned operator can inform the caller about the said availability in a specific hospital, depending on the speciality as well. 9. Mr. Alok Kumar Divedi, the Head of Operations (CATS) is also present in Court today. In his presence, a few calls were made at the “102” toll free number, however, they were not attended to in the few initial attempts. However, after some attempts, the call was answered by one operator and enquiry was made to her about the availability of ICU beds. It was then noted that the operator was able to access the ICU dashboard online and was able to provide information with respect to the availability of ICU beds in the government hospitals across Delhi. 10. However, it is also noticed from the conversation with the said operator that there is definitely a shortage of ICU beds, even in the leading government hospitals in Delhi, including LNJP Hospital and Deen Dayal Upadyay Hospital. 11. In the opinion of the Court, the following aspect needs to be examined, insofar as this toll free number is concerned: i. Presently, there are 30 lines and 30 operators who are operating these lines. ii. 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). 12. Accordingly, Mr. Divedi, HOO (CATS) is directed to make a data sheet for at least a month, mapping the number of calls received on the toll free number on a daily basis, the number of calls dropped on one day and the number of lines and operators that need to be increased on this toll free number in order to make the service more efficient. 13. Mr. Divedi, HOO (CATS) has assured the Court that he would analyze the data and take steps for increasing the lines and the operators, if so required. 14. Let a further status report be filed in this regard before the next date of hearing. 15. In the event a need is found for increase in number of lines and the operators is found by Mr. Divedi, the said feedback shall be communicated by Mr. Divedi to the Secretary, Health and Family Welfare, GNCTD so that the requisite steps can be taken for increasing the capacity, as required. Referral Coordinators 16. 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. 17. Hence, it was directed that steps should be taken to specifically nominate ‘referral coordinators’ who can be the focal point of contact whenever patients are referred from one hospital to another. 18. Today, the list of referral coordinators has been placed before the Court which is set out below: 19. A perusal of the above list would show that there is only one referral coordinator who has been nominated in 37 of the 38 hospitals. 20. 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. 21. 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. 22. A further status report in this regard be also filed by the next date. Unused equipment lying in hospitals & Recruitment of Staff 23. Insofar as the issue relating to unused equipment lying in the hospitals and recruitment of staff due to severe shortage is concerned, the Court had noted severe deficiencies across several government hospitals in Delhi on the last date of hearing. 24. Upon query on the said issue on last date, the Court was informed that there is no technically qualified manpower for using the equipment. 25. Hence, it was directed that the Secretary, Department of Health & Family Welfare, GNCTD, along with the Secretary, Services, GNCTD shall hold a meeting with concerned officials of the hospitals to analyse this situation. In this regard as well, various issues have been recorded in the status report. However, the Court is completely dissatisfied with the response. 26. From the submissions made and from a perusal of the status report it becomes clear that 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 recruitments. 27. In addition, there appear to be several logistical and administrative issues in respect of 8 Society-Run hospitals, such as the Delhi State Cancer Institute. 28. In the opinon of this Court, the Secretary, Health and Family Welfare, GNCTD 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. As per the status report, a stop-gap arrangement is suggested by the Secretary, Health & Family Welfare permitting the MS/MD of the respective hospital to undertake contractual employment. The doctors who are present from the Delhi Cancer Institute state that since 2019 there has been no full time Medical Superindent. Under such circumstances, the filling up of vacancies from the top till the bottom of the pyramid has to be done in a manner so as to bring some consistency, clarity and permanency. Contractual employment cannot be the answer to all problems. Unless the staff crunch issue is addressed in a methodical manner, hospitals will continue to suffer from lack of proper administration and there is a likelihood of high level of attrition with contractual staff. This Court is also conscious of the fact that contractual employment also blocks promotion avenues and results in frustration amongst employees. 29. Upon perusal of the status report and minutes of the meeting held on dated 13th August, 2026, it does not appear that after the said meeting had taken place, any recruitment – even contractual, has even happened. 30. Insofar as the issue of unused equipment is concerned, the Court has interacted with Dr. Neelam Bharti, M.S. at Deep Chand Bandhu Hospital, Ashok Vihar, Delhi, and has realized that there are varying interpretations being given to the term ‘unused equipment’ and hence, the responses being filed by the hospitals in this regard are varied in nature. 31. Thus, this matter would have to be addressed comprehensively by the Secretary, Health and Family Welfare, GNCTD, by making a chart of the total number of sanctioned posts in each of the 38 hospitals at various levels, the total number of filled up posts in each hospital and the total number of vacant posts. 32. A strict timeline would have also to be prescribed by the Secretary, Health and Family Welfare, GNCTD, for recruitment of the required staff. 33. Thus, on the aspect of recruitment let the Secretary, Health and Family Welfare, GNCTD, as also the Secretary, Services, GNCTD, hold a fresh meeting with the M.S./M.D. of each of the 38 hospitals in Delhi. 34. 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. 35. If the recruitment process for M.S./M.D./Director of a hospital is going to take some time, one of the senior faculty members or senior doctors in the hospital shall be given charge as M.S./M.D./Director on an immediate basis within a period of 15 days from the date of the Joint Meeting. 36. There should not be a single post of M.S./M.D./Director at the top in any of the government hospitals i.e. 38 hospitals in Delhi, including the Society-Run hospitals, which is left vacant. 37. Upon the filling up of all the M.S./M.D./Director positions, the said M.S./M.D./Director shall submit the existing staff strength, along with the status of the vacancies in their respective hospitals, to the Secretary, Health and Family Welfare, Delhi Government, which shall be brought before the Court on the next date of hearing. 38. All the M.S./M.D./Directors of 38 hospitals in Delhi shall join the proceedings virtually or physically on the next date of hearing. 39. 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. 40. 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. Any equipment which is not available for use of patients on a daily basis with proper manpower shall be treated to be unused equipment. 41. List on 10th October, 2026. PRATHIBA M. SINGH JUDGE MANMEET PRITAM SINGH ARORA JUDGE SEPTEMBER 18, 2026 dj/dk/ss W.P.(C) 3903/2017 & W.P.(C) 8548/2017 Page 1 of 2