Observing
that "all is not well" in the city's health department which is witnessing
a "bitter" fight between authorities, the Delhi High Court on Monday
tasked the Aiims director with the responsibility of implementing the
recommendations of the six-member expert committee headed by Dr S K Sarin for
improving services at Delhi government-run hospitals.
A
bench headed by Acting Chief Justice Manmohan, which received a letter from
Sarin urging that the committee be recused from monitoring the implementation
of the proposed reforms, remarked that four member doctors, who were working in
hospitals under the Delhi government, were "feeling threatened" and
"scared".
The
court lamented the "complete lack of consensus between the bureaucrats and
the minister", and said the quality of healthcare services in Delhi
continued to be "dismal" and the common man was the ultimate victim
of apathy and indifference at the hands of those who are responsible.
"The
letter speaks volume. The court is of the view if four of the senior GNCTD
doctors, after preparing an extensive pro bono (free of cost) report , recuse
themselves from carrying out the mandate of monitoring and verification of
implementation of its recommendations, it shows that all is not well in the
health department of GNCTD," the bench, also comprising Justice Manmeet PS
Arora, said.
The
letter dated August 26, signed by Sarin, said that for implementation of the
recommendations, the committee members "feel challenges as four out of six
members of the committee are working under hospitals run by the government of
Delhi, and are subordinate to the government".
Observing
that the "environment is rather toxic", the court said open
allegations were being made by both the sides (the health minister and
bureaucrats).
The court also took judicial notice of the fact that
a "party worker" has been arrayed as an accused in the alleged
rape-murder of a doctor at Kolkata's RG Kar Medical College and Hospital.
"Just
see four out of six senior-most doctors are feeling threatened.. There are open
allegations from both the sides. See how bitterly they are fighting. These are
senior doctors and they are scared.. The court is of the opinion that the GNCTD
health department instead of declaring war on diseases and misinformation, is
at war with itself," it said.
"Extraordinary
situations call for extraordinary measures. A common man cannot be made to
suffer. Consequently the court appoints director Aiims to ensure that the
report of the Dr Sarin committee is implemented in right earnest," it
ordered.
The
court also asked the authorities to ensure that services of the four member
doctors are renewed for two years and they are not harassed.
The
Delhi government's senior counsel said it could be a "dilemma" that
the four doctors are facing and not threats.
He
also expressed his reservations about involving the Aiims director in the
matter as the institution comes under the central government.
"Let
us not involve them in politics. Let us leave few out of the race,"
Justice Manmohan told the lawyer.
The
court directed that a meeting of the city authorities concerned be held within
a week to discuss the creation of posts of doctors and paramedics in the 24
hospitals coming up in Delhi.
The
court issued the direction after the senior counsel for the city government
suggested that a meeting of a committee headed by the lieutenant governor, and
comprising the health minister, chief secretary, health secretary as well as
the services secretary be called on the issue.
"The
suggestion is fair and reasonable," Justice Manmohan said, while adding
that the Delhi government will also issue necessary orders for appointing 20
doctors awaiting approval for over a year.
The
court said the Aiims director can take all necessary steps for the
implementation of the committee's recommendations, including constituting
teams, raising funds, procuring equipment etc, and asked him to file a report.
It
directed the chief secretary, finance secretary and the principal secretary
(home) to ensure the decisions of the Aiims director are implemented, including
for recruitment of medical staff on contract.
The
court had constituted the Sarin committee on a PIL it had initiated on its own in
2017 over alleged lack of ICU beds and ventilators in government hospitals.
The
committee has pointed out deficiencies in the medical system which include
vacant posts, shortage of critical faculty, infrastructure, medical or surgical
consumables, emergency operation theatres (OT) and trauma services.
The
matter will be heard next on September 30.