Delhi Government Hospitals under Scanner of Delhi HC

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Delhi High Court

Delhi High Court forms a committee of experts to check the health facilities at Delhi Government Hospitals after an inspection report filed by Mr Sundeep Miglani, additional director and coordinator of all Delhi Government hospitals, on the instructions of the State Health Department in between April 2016 to March 2018.

In his report he highlighted more than 30 government hospitals in Delhi are reeling with dilapidated and crumbling infrastructure and other glaring infirmities, striking a body blow to the life and liberty of millions of citizens who come for treatment in such hospitals daily. Report highlighted several irregularities including non-functioning of ventilators, corruption, whistle blowers harassed, poor availability of drugs/lab test done from outside, implant, intraocular lens purchased from outside mafia, no standard operating protocols & overcrowding/under staff/inappropriate utilization which has caught attention of the Delhi High Court.

A bench headed by the Chief Justice Rajender Menon and Justice Anup Jairam Bhambhani has directed to carry out inspection and assessed, regardless of whether or not Delhi Government has adopted the Clinical Establishments (Registration and Regulation) Act 2010.

Court constituted a ‘Expert Committee’ of seven people comprising Health Secretary, Professors, Social Workers and Directors of few health/medical institutions to inspect 35 government hospital in Delhi-NCR to assess the availability, adequacy and operational status of infrastructural facilities, manpower and procurement systems and procedures for equipment and supplies, with the aim and intent of improving the overall health services available to people at such hospitals.

“We direct the Expert Committee to inspect and assess compliance by the hospitals with the ‘Standard for Clinical Establishments’, as applicable to the concerned hospital, in consonance with the level of that particular hospital as defined under the statute”, said the bench.

Courts direction came in a petition filed by Ms. Madhu Bala, who lost her eight-month fetus due to ill treatment, negligence of medical staff and dysfunctional equipment in one of the Delhi government hospital. The Petitioner cause was espoused by Advocate Prashant Manchanda who after the due process in the court of law, convince the court to form a committee to inspect the overall efficiency of a set of government hospitals. The Court further mentioned in the order that the purpose is that after conducting the inspection, the committee should place before this court a comprehensive report of its assessment on the foregoing aspects; as well as give concrete specific, implementable suggestions to improve the status of government hospital in Delhi.

Previously, the court with an order dated 22.0.2019 stated that the respondents and Petitioners need to suggest a list of members to be constituted in the committee including doctors, social workers, technocrats, bureaucrats, engineers, accountants etc. who may be nominated as members of the proposed committee. The Petitioner and Respondents complied with the order and submitted the list of members to be nominated as the member of the expert committee. The Court after the due reading the suggestions of the members formed the committee of 7 persons which are following:

  1. Shri D.S. Negi, IAS, Principal Secretary (Health & Family Welfare), Govt. of NCT of Delhi. (Retd.)
  2. Veena Choudhury, Director, G.B. Pant Hospital (Retd.)
  3. Sangeeta Gupta, Director, Professor (Obs & Gynae, Maulana Azad Medical College)
  4. Tarique, Asst. Professor, Tata Institute of Social Sciences & Founder, Koshish
  5. Meenu Anand, Asst. Professor, University of Delhi
  6. Principal Secretary (Health), Government of NCT of Delhi
  7. Principal Secretary (Services), Public Works Department, Government of NCT of Delhi.

Court said D. S. Negi shall be the Convener of the Committee and shall be in-charge of all administrative and operational matters relating to the Committee.

The Court further mentioned the list of 35 hospitals that needs to visited and inspected by the committee and then a comprehensive report shall be prepared to inform the court about any suggestion or steps to be taken to correct the condition of the hospitals.

The hospitals which would be inspected are;

  1. GB Pant Hospital,
  2. GTB Hospital,
  3. Lal Bahadur Shastri Hospital,
  4. Central Jail Hospital,
  5. Baba Saheb Ambedkar Hospital,
  6. Bhagwan Mahaveer Hospital,
  7. Deen Dayal Upadhyay Hospital,
  8. Lok Nayak Hospital,
  9. Chacha Nehru Bal Chikisalaya,
  10. Dada Dev Mother and Child Hospital,
  11. Deep Chand Bandhu Hospital,
  12. Dr. Hedgewar Arogya Sansthan,
  13. Dr. N.C. Joshi Hospital,
  14. Guru Govind Singh Government Hospital,
  15. Guru Nanak Eye Center,
  16. Institute of Liver and Biliary Sciences,
  17. Institute of Human Behavior and Allied Sciences,
  18. Janakpuri Super Specialty Hospital,
  19. Maharishi Balmiki Hospital,
  20. Lal Bahadur Shashtri Hospital,
  21. Pr. Madan Mohan Malviya Hospital,
  22. Maulana Azad Institute of Dental Sciences,
  23. Poor House Hospital,
  24. Rajiv Gandhi Super Specialty Hospital,
  25. Rao Tule Ram Memrial Hospital,
  26. Sardar Vallabh Bhai Patel Hospital,
  27. Satyawadi Raja Harish Chandra Hospital,
  28. Sanjay Gandhi Memorial Hospital,
  29. Jag Parvesh Chander Hospital,
  30. Ayurvedic and Unani Tibbia College and Hospital,
  31. B R Sur Homeopathic Medical College,
  32. Nehru Homeopathic Medical College and Chaudhary Brahm Prakash,
  33. Chaudhary Brahm Prakash,
  34. Deen Dayal Upadhyay Hospital and ;
  35. Delhi State Cancer Institution.

Delhi High Court in its order make it clear and said, “the Government of NCT of Delhi as well as the Managing Boards/Administrating Authorities of each of the hospitals listed above to render full co-operation and support to the committee set-up by us, including by permitting access to and making available such records and documents to the Expert Committee, as the Committee may desire”.

The court has given liberty to the parties and members to approach the court in case of any difficulty with functioning of the meeting.

“We make it clear that any act or omission on part of any of the parties to impede or hinder the inspection exercise ordered by us shall be viewed seriously”, said the bench.

The matter would now be heard on August 28 and the committee will submit its report within four months.

Read Order Here.

– India Legal Bureau