Delhi High Court
Pritisha vs The Govt. Of Nct Of Delhi & Ors on 26 April, 2017
$~26
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 92/2017
% Date of decision : 26th April, 2017
PRITISHA ..... Petitioner
Through: Ms. Sija Nair Pal and
Mr. Deepak Kumar Singh,
Advs.
versus
THE GOVT. OF NCT OF DELHI & ORS ..... Respondent
Through: Mr. Satyakam, ASC for R-1, 4
&5
Mr. Bhagvan Swarup Shukla,
CGSC with Mr. Shambhu
Chaturvedi, Adv. for R-3/UOI
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT (ORAL)
ACTING CHIEF JUSTICE
1. This writ petition filed in public interest makes a
grievance that the Lal Bahadur Shastri Hospital-respondent
no.5 herein, a hospital being run by the Government of NCT of
Delhi, is being mismanaged and failing to discharge the
purpose for which it has been set up. In this regard, reliance is
placed on a case study and fact finding report claimed to be
made by the Human Rights Law Network upon an examination
of the respondent no.5- hospital prepared in May, 2016. This
case study has been placed at the paper book from page 33
before us.
2. Mr. Satyakam, learned Additional Standing Counsel who
appears for the respondents submits that the counter affidavit
stands filed on behalf of the respondent nos.1, 4 and 5. While
making a denial of the factual assertions in the writ petition, it
is submitted that these respondents are not aware of the visit
claimed to have been conducted by the team of social workers
on 5th May, 2016 and as such the report relied upon by the
petitioner is denied.
3. The counter affidavit points out that the Lal Bahadur
Shastri Hospital caters to a population of approximately 15
lakhs residents of the East District of Delhi as well as to the
adjoining areas in the National Capital Region which includes
Noida, Ghaziabad, Indirapuram etc. The Hospital also provides
medical facilities to the Khoda Colony (labelled as the biggest
slum in Asia) which is situated in Noida, U.P. Though, only a
100 bedded hospital, the Lal Bahadur Shastri Hospital has a
workload of around 200-300 beds. At present the functional
beds have gone up to 188 beds. The Hospital consists of four
wards and the normal delivery load is around 600 deliveries per
month while bed occupancy rate is mentioned as 200%.
4. The respondents have also pointed out that a fleet of
Centralised Ambulance and Trauma Services (CATS) are
available 24x7 by merely dialing 102 or 1099 which facility is
available to any patient including pregnant women needing
emergent hospitalisation. For the purposes of accidents and
emergency, there is a dedicated ambulance earmarked for the
purpose to fight delay in transporting critical patients to centres
having higher facilities. The respondents have submitted that
the Janani Suraksha Yojna (JSY) and the Janani Shishu
Suraksha Karyakram (JSSK) schemes are also functioning
optimally.
5. So far as expansion of facilities is concerned, the counter
affidavit states that since 2007-08, schemes for upgradation of
the Hospital beds are being explored and a proposal to construct
a 460 bedded MCH Block on vacant land adjacent to the
Hospital is being explored. Presence of an overhead high
tension interstate electricity wire passing diagonally over the
vacant plot has impeded finalisation of such plans.
6. It would appear from the above that the shortcomings
pointed out in the case study of May, 2016 of the Lal Bahadur
Shastri Hospital and the grievances made by the petitioner
have, either, been already addressed, or, are under the active
consideration of the respondents.
7. The petitioner has made a grievance that no free
ultrasound facilities are being provided to the patients, though
they are required to be made available. This is again disputed
by the respondents who submit that free ultrasounds are being
performed wheresoever recommended by the
examining/treating doctors.
8. Certainly, the apprehensions expressed by the petitioner
deserve serious attention and are required to be allayed. The
respondents shall make every endeavour to ensure that the
deficiencies pointed out are examined and wheresoever the
shortcomings are actually verified, the respondents shall rectify
the same to ensure the best health care to the citizens of East
Delhi.
9. So far as the respondent no.3 - the Central Government
is concerned, it is submitted that it is discharging its legal
obligations so far as making availability of funds and facilities
as are sought to the Government of NCT of Delhi.
10. In case of any aberration, it is always open to the
petitioner to apprise the Secretary(Health), Government of NCT
of Delhi of the same who shall proceed in the matter in
accordance with law.
This writ petition is disposed of in the above terms.
ACTING CHIEF JUSTICE
APRIL 26, 2017/kr ANU MALHOTRA, J
