HC criticises delay in handing over UCMS from DU to govt

In a significant ruling on Thursday, the Delhi High Court deemed the delay in handing over the University College of Medical Sciences (UCMS) from Delhi University to the state government as “against public interest.” The court’s decision paves the way for the transfer, citing the non-implementation of the Union Cabinet’s 2005 decision, which it noted had “tacit support from DU.”

A bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora observed that the failure to execute the Cabinet decision, influenced by petitioners with the support of DU, had adversely impacted the interests of patients and students. The court emphasized that the delay primarily served the private interests of UCMS employees and staff.

The batch of petitions filed by associations representing teaching and non-teaching staff of UCMS challenging orders from the Centre, Delhi government, and Delhi University faced dismissal.

These orders aimed to enforce the Union Cabinet’s August 25, 2005 decision to bring UCMS and Guru Teg Bahadur (GTB) Hospital under the unified control of the Delhi government.

Justice Arora’s order highlighted how the power struggle between DU and the Delhi government over UCMS control directly affected medical services at GTB Hospital. The court pointed out a glaring incident on January 2, where a patient’s inability to receive timely treatment due to the unavailability of critical facilities led to tragic consequences.

UCMS, established in 1971 and affiliated with Delhi University, serves as a teaching hospital for GTB Hospital, operated by the Delhi government. The court also noted a relocation plan, revealing the dire inadequacy of infrastructure at UCMS, causing significant disruptions in patient care.

Moreover, the court lifted its interim order from November 16, 2016, staying the Union Cabinet’s decision. Delhi government’s counsel assured the court of a budgetary allocation of approximately Rs 250 crore for UCMS, addressing concerns over funding constraints.

In response, the bench accepted the undertaking from the joint secretary of the Department of Health and Family Welfare, Delhi government, ensuring the availability of necessary funds for UCMS without budgetary constraints.

The court’s decisive action aims to rectify administrative hurdles and ensure the uninterrupted delivery of medical services, emphasizing the paramount importance of public interest and the welfare of patients and students.