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Delhi HC asks govt to commission brownfield hospital projects
The Delhi High Court has asked the city government to ensure that its ‘brownfield’ hospital projects, which are 80 per cent complete, are commissioned within three months and immediate steps are taken to recruit manpower.
A bench headed by Chief Justice Manmohan also said that even for ‘greenfield’ hospital projects which are more than 80 per cent complete, the Delhi government would sanction and provide the necessary funds so that their non-completion at an “advanced stage” does not lead to wastage of funds already invested.
Emphasising that the Delhi government cannot “permit a stalemate”, the court also directed the authorities to take a decision within two weeks on the issue of the model to be followed for operations of these hospitals i.e., through a society or ‘PPP’ model etc.
The court passed the directions while dealing with a suo motu case it initiated in 2017 over the alleged lack of critical care in government hospitals here.
The high court had earlier directed the AIIMS director to take over the responsibility of implementing the recommendations of the Dr S K Sarin committee, which pointed out several deficiencies in the health system, including vacant posts, shortage of critical faculty members and infrastructure.
Lawyer Ashok Agarwal was appointed as the amicus curiae in the case.
In a status report filed in the case earlier, the Delhi government has said it was undertaking the construction of 11 “greenfield” and 13 “brownfield” hospitals in the national capital, which would be run under different models, such as either as a government or private hospital or in a PPP mode.
“It is directed that GNCTD shall ensure that these brownfield projects should be commissioned within three months. With respect to the said brownfield projects where a work completed is above 80 per cent, the Administrative Reforms Department is directed to immediately initiate steps for recruitment of manpower in anticipation of the completion of the project,” the bench, also comprising Justice Manmeet P S Arora, said in the order passed on November 13.
“Similarly, with respect to greenfield projects enlisted in this report, wherever the progress achieved is above 80 per cent, GNCTD is directed to ensure that necessary funds and budgets are sanctioned for the completion of these projects,” it ordered.
The court stated that the ARD would ensure that all proposals received were considered within four weeks and no delay was caused in deciding the proposals.
It also clarified that until any newly created posts were filled by regular appointments, the medical superintendent concerned would be authorised to fill up the posts on contractual basis.
Stating that the appointment of a full time MS or director is essential and cannot await bureaucratic delays, the court directed the National Capital Service Authority and the Delhi government to take immediate steps within two weeks for such full-time appointments in all hospitals as per the law.
It further directed the authorities to ensure that the 114 vacancies of specialists in the city government hospitals are filled up within two weeks, and 762 paramedics as well as 701 nursing staff, whose candidature has been approved, join services expeditiously and no later than the next date of hearing.
Given the “criticality” of the issue, the court also said that the Delhi government shall give cabinet approval within two weeks to the procurement of radiological diagnostic services through ‘PPP’ mode, failing which the approval would be deemed.
The court stated that the availability of efficient diagnostic services within the hospital was in the best interest of the patients and therefore, the Delhi government ought not to delay the implementation of the PM-ABHIM scheme on a pilot basis and subsequently, scale it up to all the hospitals.
“It should be the ultimate goal of every hospital to have these services in-house. Accordingly, GNCTD is directed to implement PM-ABHIM scheme on pilot basis within four weeks,” the order sated.
The Delhi government counsel said it was agreed to adopt PM-ABHIM scheme in two hospitals and 15 wellness centres on a pilot basis.
The court also said that the recommendation of the Dr Sarin Committee for opening a Jan Aushadhi Kendra in each hospital had a “sound basis” and directed the Delhi government to ensure that such centres are opened at each hospital within four weeks.
“The convenience of having a Jan Aushadhi Kendra in each hospital for the patients and their caregivers requires no reiteration..We reiterate that GNCTD should not re-open the finality of the decision to implement the Dr. Sarin Committee recommendations as this delays the process of implementation,” the court stated.
With respect to the issue of expansion of Delhi Aarogya Kosh to non-trauma agencies, the court directed the city authorities to ensure that all necessary approvals along with criteria for granting such benefit within a period of two weeks are documented and submitted to the Director of AIIMS.
The court directed that a meeting of authorities be called for the implementation of the ‘Health Management Information System’ in all hospitals.
The court stated that Delhi government shall ensure that all action-taken reports are submitted to the AIIMS director within four weeks.
It also asked AIIMS to hold a meeting with all the concerned prior to the next date of hearing to evaluate the compliances and file a status report.
The matter would be heard next on December 11. PTI