On February 22, the Delhi High Court gave its nod for the transfer of control of the University College of Medical Sciences (UCMS) from Delhi University to the Delhi government. This move, following the court’s clearance, changed the administration of UCMS, a Government college affiliated with the University of Delhi and associated with Guru Teg Bahadur Hospital.
NEW DELHI: On 22nd February, the Delhi High Court approves the transfer of control of the University College of Medical Sciences (UCMS) from Delhi University to the Delhi Government. The following the court’s clearance, marks a pivotal shift in the administration of UCMS, a government college affiliated with the University of Delhi and associated with Guru Teg Bahadur Hospital.
The Delhi High Court approved the transfer of the University College of Medical Sciences (UCMS) from Delhi University to the City Government, quashing the stay on the Union cabinet’s 2005 decision. The court emphasized the importance of implementing the Union cabinet’s decision in the public interest, highlighting an incident where a patient lost his life due to the unavailability of critical medical equipment at Guru Teg Bahadur (GTB) Hospital, associated with UCMS.
Established in 1971, UCMS is a government college affiliated with Delhi University and linked to GTB Hospital, a renowned hospital in the capital. The court emphasized the urgent need to address the inadequacies in infrastructure at UCMS, which have been affecting patient care.
Several petitions filed by UCMS staff associations challenging the decision to transfer control to the Delhi Government were dismissed by the High Court. The court also quashed the interim order issued in 2016, emphasizing the importance of addressing the issues facing GTB Hospital and UCMS for the betterment of public healthcare.
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“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 (that is, patients and students) and is only focusing to serve the private interest of the employees and the staff of UCMS,” a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said in a judgment passed on February 19.
The Delhi Government assured the court of allocating the necessary funds for UCMS, with a Joint-Secretary pledging additional funding if required. The court emphasized the importance of prioritizing public health over administrative disputes, urging cooperation between Delhi University and the City Government for the benefit of patients and medical staff.
“The undertaking of the Joint Secretary with Department of Health and Family Welfare, 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 bench said.
“The report of the incident (of death of patient on January 2) post investigation has been placed on record by GNCTD and it tells a heart rending tale of death due to denial of medical facilities. The unavailability of the CT scan and its adverse effect on public health is a direct result of an uncalled-for tussle for administrative control over UCMS and GTB Hospital,” it said.
“In the matter of policy decision by the Cabinet so long as the infringement of fundamental rights is not shown, the courts have no occasion to interfere and substitute its own judgment for the judgment of the executive,” the bench added.
