The Delhi High Court has directed the GNCTD to ensure that Jan Aushadhi Kendras are opened inside each hospital in Delhi.

The Court reviewed the progress on implementing recommendations from the Dr. Sarin Committee Report for better clinical services across Delhi. The Bench considered the minutes of a meeting held on November 5, 2024, chaired by the Director of AIIMS. The meeting was attended by officials from AIIMS, the Government of National Capital Territory of Delhi (GNCTD), and other stakeholders.

A Division Bench of Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora observed, “With respect to the issue of opening of Jan Aushadhi Kendras in each hospital enlisted at agenda point (H), this Court has perused the discussion recorded under this agenda and heard Mr. Rahul Mehra, learned senior counsel and Mr. Satyakam, learned Additional Standing Counsel on this issue. We are of the considered opinion that the recommendation of Dr. Sarin Committee for opening a Jan Aushadhi Kendra in each hospital has a sound basis. There is no reasonable ground submitted for objecting to opening a Jan Aushadhi Kendra in each hospital. The convenience of having a Jan Aushadhi Kendra in each hospital for the patients and their caregivers, requires no reiteration.

Senior Advocates Rahul Mehra and Siddharth Aggarwal appeared for the Respondents.

It was submitted by GNCTD that “The recommendations of the committee regarding opening Jan Aushadhi Kendras in hospitals has not been accepted in principle by HM (H&FW) but he directed that hospitals may be mapped with present kendras. This is not in accordance with the recommendation of the committee. Hon'ble Court has already directed that final decision of the measures to be adopted for implementation of the recommendations of Sarin Committee will rest with Director AIIMS.

The GNCTD also informed that against 231 vacancies of specialists across 17 specialties, 117 specialists had been selected on a contractual basis. The remaining 114 vacancies were noted, and the regular recruitment process through UPSC was stated to be ongoing. AIIMS proposed a one-week orientation for contractual specialists and a one-month program for regular doctors. GNCTD further submitted that the engagement of 762 paramedics and 701 nursing staff had been approved and was awaiting joining.

The Court noted that there was no reasonable ground submitted for objecting to opening a Jan Aushadhi Kendra in each hospital. “The convenience of having a Jan Aushadhi Kendra in each hospital for the patients and their caregivers, requires no reiteration,” it noted.

With respect to the issue of expansion of Delhi Aarogya Kosh (DAK) to non-trauma agencies enlisted at agenda point (I), Mr. Rahul Mehra, Senior Advocate and Mr. Satyakam, learned Additional Standing Counsel state that GNCTD has accepted the suggestions in-principle and will take steps for approving and implementing in due course,” the Bench ordered.

Consequently, the Court directed, “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. GNCTD is accordingly, directed to ensure that Jan Aushadhi Kendras are opened inside each hospital within four (4) weeks.

Accordingly, the High Court listed the matter for further hearing on 11th December, 2024.

Cause Title: Court On Its Own Motion v. Union Of India & Ors.

Appearance:

Respondents: Senior Advocates Rahul Mehra and Siddharth Aggarwal; CGSC Kirtiman Singh,Radhika Bishwajit Dubey and Arunima Dwivedi; ASC Satyakam; Advocates Waize Ali Noor, Ranjeev Khatana, Maulik Khurana, Pinky Pawar, Ajjay Aroraa, Kapil Dutta, Nitish Dubey, Avnish Ahlawat, Nishank Tripathi, Bani Dixit, Anirudh Sharma, Harshita Sukhija, Palak Jain, VSR Krishna, V. Shashank Kumar, Ravinder Agarwal, et al

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