Delhi High Court - Orders
Court On Its Own Motion vs Union Of India & Ors on 13 January, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh, Manmeet Pritam Singh Arora
$~ 1(SDB) & 2(SDB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3903/2017 & CM APPL. 18718/2017, 19134/2017, CM
APPL. 27526/2018, CM APPL. 1451/2025
COURT ON ITS OWN MOTION .....Petitioner
Through:
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Sudhir Nandrajog, Sr. Adv. with
Ms. Ankita Singh, Mr. Udit Malik
(ASC) with Ms. Palak Sharma and Ms.
Rima Rao, Advs. (M: 9839099599)
Ms. Arunima Dwivedi, CGSC with
Ms. Pinky Pawar, Adv. for UOI. (M:
8448438901)
Mr Sameer Vashisht. Standing
counsel, civil, GNCTD with Mr
Manashwy Jha, Adv. (M:
9013980691)
Mr. Amit Tiwari, CGSC, Ms. Ayushi
Srivastava Mr. Ayush Tanwar, Adv.
for UOI. (M: 9333540002)
Mr. Ravinder Agarwal, Mr. Lekh Raj
Singh and Mr. Manish Kumar Singh,
Adv. for R-6/UPSC. (M: 9810056263)
Mr. Nitesh Kumar Singh, Ms.
Laavanya Kaushik, Ms. Aliza Alam
and Mr. Mohnish Sehrawat, Advs.
Mr. Vishwajeet Singh Advocate for
Mr. Siddharth Aggarwal Senior Adv.
Mr Ravindra Kumar, Mr N Sri Nivas
& Mr Lakshman Singh Choudhary
Advs. for NIC.
Mr. Tushar Sannu, & Mr. Shivraj
Singh Tomar, Advs for GNCTD.
Mr. Sagar Saxena, Mr. Parmeet Singh
& Mr. Sarthak Pandey, Advs. (M:
9899898423)
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 07/02/2025 at 21:58:48
2 AND
+ W.P.(C) 8548/2017 & CM APPL. 985/2024, 50101/2024
COURT ON ITS OWN MOTION .....Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar
Utkarsh, Mr. Manoj Kumar and Ms.
Ashna Khan, Advs. Amicus Curiae.
(M: 9811101923)
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Sudhir Nandrajog, Sr. Adv. with
Ms. Ankita Singh, Mr. Udit Malik
(ASC) with Ms. Palak Sharma and Ms.
Rima Rao, Advs.
Ms. Arunima Dwivedi, CGSC with
Ms. Pinky Pawar, Adv. for UOI. (M:
8448438901)
Mr Sameer Vashisht. Standing
counsel, civil, GNCTD with Mr
Manashwy Jha, Adv. (M:
9013980691)
Mr. Amit Tiwari, CGSC, Ms. Ayushi
Srivastava Mr. Ayush Tanwar, Adv.
for UOI. (M: 9333540002)
Mr. Siddharth Panda, Mr. Anil Pandey
& Mr. Ritank Kumar, Advs. for Dr.
Sarin Committee. (M: 9891488088)
Mr. Ravinder Agarwal, Mr. Lekh Raj
Singh and Mr. Manish Kumar Singh,
Adv. for R-6/UPSC.
Mr. V.S.R. Krishna and V Shashank
Kumar, Advs. for AIIMS.
Mr. Nitesh Kumar Singh, Ms.
Laavanya Kaushik, Ms. Aliza Alam
and Mr. Mohnish Sehrawat, Advs.
Mr. Tushar Sannu, & Mr. Shivraj
Singh Tomar, Advs for GNCTD.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 07/02/2025 at 21:58:48
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 13.01.2025
1. This hearing has been done through hybrid mode.
2. On the last date of hearing i.e. 24th December, 2024, with respect to implementation of the PM-ABHIM scheme, the Court inter alia directed that the Memorandum of Understanding (hereinafter, 'MoU') for implementation of the said scheme ought to be signed between the Ministry of Health and Family Welfare, Government of India and the Government of the National Capital Territory of Delhi (hereinafter, 'GNCTD'). The relevant portion of the order dated 24th December, 2024 is extracted hereunder:
"7. The clear position that emerges from the above minutes is that the PM-ABHIM scheme would have to be implemented in its entirety in order to ensure that the residents of Delhi are not deprived of the funds and all the facilities under the said scheme. Clearly, the funds of one Scheme cannot be sought to be released for some other projects, as is being sought to be asserted. The non-implementation of the PM-ABHIM Scheme in Delhi, when 33 States and UTs have already implemented the same, would not be justified. For the said purpose, therefore, since the Memorandum of Understanding ('MoU') has to be signed between the Ministry of Health and Family Welfare, Government of India and the GNCTD, let the said MoU be signed by 5th January, 2025.
8. This MoU shall be signed irrespective of a Model code of conduct, if any, as the same has been monitored by this Court and is for the benefit of citizens of Delhi. The said MoU be placed before this Court on the next date of hearing."
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3. Today, Mr. Sudhir Nandrajog, ld. Sr. Advocate submits on behalf of the Health Department in the Delhi Government that the file pertaining to the PM-ABHIM scheme has not been released by the concerned Hon'ble Minister, GNCTD, who has not approved the file for signing of the MoU.
4. The Department of Health and Family Welfare, GNCTD has also filed an application, being CM APPL. 1451/2025 seeking necessary directions for compliance of order dated 24th December, 2024. Mr. Sameer Vashisht, ld. Counsel submits that the Department is willing to sign the MoU, but the file is not being released by the concerned Minister.
5. Mr. Sudhir Nandrajog, ld. Sr. Counsel submits that the GNCTD has filed a Special Leave Petition ('SLP') challenging the order dated 24th December, 2024 passed by the Court along with an affidavit of the Hon'ble Minister.
6. The Court is faced with a peculiar and unfortunate situation where on the one hand, the Health Department of the Delhi Government has approved the signing of the MoU for implementation of the PM-ABHIM scheme in Delhi. However, the concerned Hon'ble Minister is holding up the file. The submission on behalf of the concerned Minister is that the GNCTD has filed an SLP before the Supreme Court. Clearly, the non-implementation of the PM-ABHIM scheme in effect deprives the citizens of Delhi from the benefit of the said scheme.
7. On a query from the Court, it is submitted that there is no specific date for listing of the SLP but it is likely to be listed within a week.
8. The direction of this Court was clear. The MoU was to be signed in the interest of the citizens of Delhi. The Department and the Minister cannot be This is a digitally signed order.
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9. Accordingly, it is directed that if the SLP is not listed by 22nd January, 2024 and if listed, subject to any orders that may be passed by the Supreme Court, the directions for signing the MoU shall be given effect to. In view thereof, the Secretary, Department of Health, GNCTD shall proceed with the signing of the MoU with respect to the PM-ABHIM scheme.
10. The application being CM APPL. 1451/2025 is disposed of in these terms.
11. On 24th December, 2024 the Court further directed both, the NIC and the C-DAC to place their respective presentations in respect of Health Management Information System (hereinafter, 'HMIS') for consideration. The relevant portion of the order dated 24th December, 2024 is extracted hereunder:
"13. In any event, by the said date, both the NIC and C- DAC shall place their respective representations in respect of HMIS for consideration. The representations shall be handed over in a Power Point Presentation format in one pen drive to the Court Master by 10th January, 2025."
12. The power point presentation ('PPT') submitted by the NIC has been handed over to the Court. Mr. Sameer Vashisht, ld. Counsel submits that he has also filed the PPT which is submitted by CDAC.
13. Both the teams of NIC and C-DAC have brought the PPTs to the Court showing suggested architecture for the HMIS. Let both the PPT's be submitted on a pendrive and be circulated.
14. The said presentations be sent to the Director, AIIMS who shall submit a report as to the status of both the presentations and his recommendations.
This is a digitally signed order.
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15. It is made clear that if any flexibilities/changes are required to make the schemes more efficient, both the organisations shall be open for the same.
16. Let the presentations be made by 25th January, 2025 and the report of Director, AIIMS be presented before the Court on the next date of hearing.
17. All India Institute of Medical Sciences, New Delhi ('AIIMS') is also stated to have filed certain minutes and other documents. Let all these documents be brought on record.
18. List on 11th February, 2025.
PRATHIBA M. SINGH, J.
MANMEET PRITAM SINGH ARORA, J.
JANUARY 13, 2025 dj/rks This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/02/2025 at 21:58:49