Delhi govt can takeover University College of Medical Sciences; HC order paves way for transfer from DU
The bench said this was evident from reports of an incident of an “unfortunate death of an injured patient” this January, which highlights the “failing and grossly lacking infrastructure at UCMS
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The HC said the petitioners were unable to show any violation of their fundamental rights and their only submission appeared to be their “disgruntlement with the change in identity of the employer”. (Photo/X/@gtbhucms)The University College of Medical Sciences Block and Guru Teg Bahadur Hospital Complex (UCMSB-GTBH) are set to be taken over by the Delhi government, with the Delhi High Court vacating a 2016 interim order that stayed a Union Cabinet decision in this regard.
The HC was hearing a batch of PILs moved by associations consisting of teaching and non-teaching staff of UCMS challenging various orders passed by the Centre, Delhi government and Delhi University to implement the Union Cabinet’s decision of August 25, 2005 — the Centre had decided to bring UCMSB-GTBH under the unified control of the Delhi government.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, in its February 19 order, said, “We are of the considered opinion that 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 employees and staff of UCMS.”
The bench said this was evident from reports of an incident of an “unfortunate death of an injured patient” this January, which highlights the “failing and grossly lacking infrastructure at UCMS, leading to non-provision of critical services to patients”
The HC said the petitioners were unable to show any violation of their fundamental rights and their only submission appeared to be their “disgruntlement with the change in identity of the employer”. The bench further remarked that the grounds urged by the petitioners do not make out a case for the court’s interference with the Cabinet’s decision and even otherwise, it has not been directly challenged by the contesting petitioners.
The Delhi government, in its affidavits before the HC, had reiterated its willingness to implement the Cabinet decision. It also said it “undertakes that funds or the budget for taking over UCMS will never be an issue and GNCTD will infuse the required funds, which are initially estimated… at Rs 250 crore”.
“The undertaking of the Joint Secretary, Department of Health and Family Welfare, GNCTD, given before this court that all requisite funds for UCMS will be made available and budget will not be an issue is accepted… and taken on record. GNCTD is bound to the said undertaking,” the bench said, dismissing the pleas and vacating the interim order.
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