Delhi High Court Entrusts AIIMS Director with Implementation of Reforms in Government-Run Hospitals Amid Health Department Dispute

In a significant move reflecting the ongoing turmoil within the city’s health department, the Delhi High Court on Monday entrusted the AIIMS director with the responsibility of implementing the recommendations made by a six-member expert committee, led by Dr. S.K. Sarin, aimed at enhancing the services of Delhi government-run hospitals.

Background of the Case:

The court, led by Acting Chief Justice Manmohan and Justice Manmeet P.S. Arora, made this decision after receiving a letter from Dr. Sarin. In his letter, Dr. Sarin urged the court to relieve the committee from its role in overseeing the implementation of the proposed reforms. The letter highlighted that four of the six committee members, all senior doctors employed at Delhi government hospitals, felt “threatened” and “scared” due to the ongoing conflicts within the health department.

The court observed a “complete lack of consensus between the bureaucrats and the minister,” leading to a “dismal” state of healthcare services in Delhi. The Bench lamented that the ultimate sufferers of this discord are the common citizens, who are subjected to poor healthcare due to “apathy and indifference” from those in charge.

Observations of the Court:

The High Court noted that “a Hindu marriage is a sacrament and not just a social contract.” The Bench stated that the letter from Dr. Sarin speaks volumes about the toxic environment within the health department. It was noted that if four senior doctors were willing to step back from their roles after preparing an extensive pro bono report, it indicates that all is not well within the health department of the Government of National Capital Territory of Delhi (GNCTD).

The court further commented on the “rather toxic” environment, with open allegations being made by both the health minister and the bureaucrats. It criticized the department, stating, “The GNCTD health department, instead of declaring war on diseases and misinformation, is at war with itself.”

Court’s Directions:

Given the “extraordinary situation,” the court took an “extraordinary measure” by appointing the AIIMS director to ensure the committee’s recommendations are implemented “in right earnest.” The court emphasized that the health of the common man cannot be compromised due to internal conflicts within the health department.

The Bench also directed that the services of the four committee doctors be renewed for an additional two years and ensured they are not subjected to any form of harassment. The court stressed that these doctors should be allowed to carry out their duties without any undue pressure or threat.

Further, the court directed the city authorities to convene a meeting within a week to discuss the creation of new posts for doctors and paramedics across the 24 upcoming hospitals in Delhi. The meeting is to be chaired by the lieutenant governor and include the health minister, chief secretary, health secretary, and services secretary.

Additional Orders:

The court also directed the AIIMS director to take necessary steps for the implementation of the committee’s recommendations, which may include forming new teams, raising funds, procuring essential equipment, and more. The chief secretary, finance secretary, and principal secretary (home) were instructed to ensure that the decisions made by the AIIMS director are implemented effectively, including the recruitment of medical staff on a contractual basis.

The Sarin committee was originally constituted by the High Court in 2017 on a Public Interest Litigation (PIL) regarding the alleged lack of ICU beds and ventilators in government hospitals. The committee has since identified several deficiencies within the medical system, including vacant posts, shortage of critical staff, infrastructure gaps, and lack of emergency operation theatres and trauma services.

Next Hearing:

The court has scheduled the next hearing for September 30.

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