Deck cleared for Delhi govt to take over medical college

The court was considering a batch of pleas, filed by the associations consisting of teaching and non-teaching staff of UCMS

The Delhi high court has vacated its stay restraining the Delhi government from taking over the administrative control of the University College of Medical Sciences (UCMS).

The bench directed the Delhi government to abide by its undertaking that the funds for taking over UCMS would never be an issue and the government would initially infuse ₹250 crore. (Representational image)

The court was of the view that non-implementation of the Centre’s August 2005 decision of bringing UCMS block and Guru Teg Bahadur (GTB) Hospital under the unified control of the Delhi government acted against public interest (i.e., patients and students) and only focussed to serve the private interest of the employees and staff of the institution.

“The adverse and detrimental effect of the aforesaid tussle of control between DU (Delhi University) and GNCTD (Government of National Capital Territory of Delhi) leading to lack of essential infrastructure has directly affected the quality of medical services at GTB. We are of the considered opinion that the non-implementation of the cabinet decision at the instance of the petitioners herein (who have a tacit support of Respondent No. 4, DU) has acted against public interest (i.e., patients and students) and is only focusing to serve the private interest of the employees and the staff of UCMS,” a bench led by acting chief justice Manmohan said in the February 19 verdict.

The court was considering a batch of pleas, filed by the associations consisting of teaching and non-teaching staff of UCMS, challenging the Delhi government’s September 30, 2016 order calling upon DU to hand over the complete administrative and financial control of UCMS to Delhi government. In the plea, the staff said that the order disregarded the service conditions agreed to and prescribed by DU for the staff.

However, the high court in November 2016 stayed the Delhi government’s September 30, 2016 order.

To be sure, the UCMS is currently under the dual administration since its mother hospital, GTB, falls under the Delhi government, but the medical college is funded by the Union’s human resource development (HRD) ministry.

The bench, also comprising justice Manmeet Pritam Singh Arora, directed the Delhi government to abide by its undertaking that the funds for taking over UCMS would never be an issue and the government would initially infuse ₹250 crore.

“The undertaking of the joint secretary with department of health and family welfare department, GNCTD given before this court that all requisite funds required for UCMS will be made available and budget will not be an issue is accepted by this court and taken on record. GNCTD is bound down to the said undertaking,” the court said in the order uploaded on Thursday.

The Delhi university, appearing through senior advocate Monika Arora, submitted that the varsity had serious concerns about paucity of funds with the Delhi government. She submitted that though the annual expenditure of UCMS for 2023-24 was ₹280 crore, the Delhi government’s budgetary allocation towards the medical college was wholly inadequate and insufficient for payment of salaries of the teaching and non-teaching staff at the college.

The Union ministry of health and family welfare, appearing through advocate Kirtiman Singh, submitted that since health was primarily a state subject, it would be appropriate for the Delhi government to take over UCMS and run both the college as well as the hospital.

The Delhi government, appearing through its additional standing counsel, Sameer Vashisht submitted that the government had sufficient and adequate budgetary provision for taking over UCMS and that the budget allocation has been in existence since 2015-16. Assuring the court to infuse sufficient and adequate amounts after completion of assessment of the college, the counsel by way of the affidavit also submitted that the government initially would infuse ₹250 crore, which is necessary for the college.