Delhi High Court
Social Jurist vs Government Of N.C.T. Of Delhi And ... on 15 November, 2002
Equivalent citations: 102 (2003) DLT 523
Bench: A D Singh, R Jain
ORDER
1. The Government of India (GOI) and the Government of National Capital Territory of Delhi (Government of NCT of Delhi) have been allotting land to various hospitals free of cost or on concessional rates. It is estimated by Qureshi Committee that about 400 hospitals were given land either free of cost or on concessional rates with the condition that 25% of the total number of beds in Indoor Patient Department (IPD) and 40% of the total number of patients in Outdoor Patient Department (OPD) shall be treated free of charge.
2. It is alleged by the petitioner that the aforesaid condition has been observed in breach by most of the hospitals. Despite the fact that the condition was not being complied with, the authorities have not taken any action against the institutions to whom land has been given free of charge or on concessional basis. The Qureshi Committee with regard to free treatment facilities to the poor and the needy by these hospitals has made certain recommendations.
3. According to learned Counsel for the respondent, the recommendations of Qureshi Committee have been considered by a high powered committee on 23.10.2002. In support of her submission, the learned Counsel has placed before us
minutes of the meeting of the high powered committee held on 23.10.2002. The meeting on 23rd October, 2002 was chaired by the Chief Secretary, Government of NCT of Delhi.
4. It appears that the Committee is of the view that free treatment means totally free and not partly free and partly paid. The free IPD patient will not have to pay for anything including medicines and medical consumables as in the case of Government hospitals. The Committee has also recommended that all the hospitals which have been allotted Government land, should provide totally free treatment to poor, needy and deserving patients to the extent of 10% of the total number of beds in the IPD and 25% of the total number of patients in OPD uniformly. Certain other recommendations have also been made including the one dealing with proposals for setting Poor Patients. Advisory Committee in private hospitals within a period of one month.
5. It is not disputed that for all these years, the authorities had not been monitoring the various hospitals with a view to find out as to whether or not they were complying with the condition of providing free medical treatment to 25% of the indoor patients and 40% of the outdoor patients.
6. On hearing learned Counsel for the parties we are of the view that all the hospitals to whom the Government had allotted land free of cost or at concessional rates should be directed to furnish details of the patients, who were treated free of charge. At the same time the Government of NCT of Delhi and the Government of India should appoint a joint committee to go into the records of the hospitals so that they are able to know as to how many patients were treated free in accordance with the stipulation contained in the letters of allotment of lands to them. In case the hospitals have succeeded in breaching the condition. It means cornering of huge amounts of monies, which were not due to them. In case these hospitals have made unwarranted profits by breach of the terms of allotment of lands to them, the amounts should be recovered and a pool should be set up for the health care of the people. We order accordingly.
7. The aforesaid directions shall be complied with by the Government of NCT of Delhi and the Union of India by or before the next date.
8. List the matter on 3.3.2003.
9. A status report shall be filed by both the Governments.
10. A copy of this order be given to the learned Counsel for the Government of NCT of Delhi under the signature of the Court Master.
