This PIL sought directions for establishing referral mechanisms, increasing Mohalla Clinics and polyclinics in Delhi. The Court held these as policy decisions and directed the respondents to consider the grievances.
Exemption allowed to consider petitioner grievances and take policy decisions regarding health schemes in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18th November, 2019
AISHWARYA ADHIKARI ..... Petitioner
Through: Mr. Tenzin Chodon, Adv.
versus
UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Rajesh Gogna, CGSC with Ms. Priyanka Arora and Mr. Upendra Sai, Adv. for R-1
Mr. Sanjoy Ghose, ASC-GNCTD with Ms. Urvi Mohan, Adv.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R
% 18.11.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
CM No. 49485/2019
W.P.(C) 12084/2019
Page 1 of 4
W P (C) 12084/2019
a) Issue a writ of mandamus or any other writ, order or direction to the Respondents to immediately establish a strong referral mechanism where the ASHA's and Anganwadi Workers will coordinate with Mohalla Clinic and take responsibility to provide prenatal, antenatal and postnatal care through Mohalla Clinics. Currently though the Mohalla Clinic is being touted as Zero Cost Model, however pregnant women and lactating mothers still have high out of pocket expenses as there is no service available for them and there is very poor outreach, with patients from near the Mohalla Clinic accessing services. b) Issue a writ of Mandamus or any other appropriate writ order or direction to the Respondents to increase multi-speciality polyclinics from 25 to 191 to ensure that all the existing 191 Mohalla Clinics are supported and used to the maximum by not only pregnant and lactating mothers but the poor and the vulnerables as well.
c) Issue a writ of mandamus or any other writ order or direction to the Respondents to increase the number of Mohalla Clinics to 1000 as promised the Delhi State Government. This will ensure that the entire population in need of health services are covered and can avail basic health services along with providing health-related information, education and awareness. The clinics also provide preventive services such as antenatal and postnatal care of pregnant women, assessment of nutritional status and counselling and a preventive and
Page 2 of 4
W P (C) 12084/2019
promotive component of National/State Health Programmes.
d)Issue a writ of mandamus or any other writ order or direction to the Respondents to immediately undertake facility survey which will contribute to improved and sustained quality of care in health facilities and will assess other similar services provided through Primary Health Centre and Dispensary which are complementary or duplicate the services available in Mohalla Clinics. The facility survey will help to improve and delineate through facility-based quality improvement methods so that the same service is not provided through health centers established near to one another. The facility survey should be combined with periodic populationbased outcome evaluations and mapping of public health data, as NFS are powerful instruments for improving service delivery.
e) Issue a writ of Mandamus or any other appropriate writ order or direction to the Respondents to regularly undertake community monitoring as spelt out in the Government of India guidelines to enhance, safeguard and improve quality of services.
f) Issue a writ of Mandamus or any other appropriate writ order or directions to the Respondent to create visibility of key schemes and programmes being provided through Mohalla Clinics and other health care services.
Page 3 of 4
W P (C) 12084/2019
g) Issue a writ of Mandamus or any other appropriate writ order or directions to the Respondents to update the list of the functional Mohalia clinics across Delhi in the website with the date and seal.
h)For any such suitable orders/s as this Hon'bie Court may deem fit and necessary taking the facts and circumstances of the case, in the interest of justice.”
CHIEF JUSTICE
NOVEMBER 18, 2019/ kr
C.HARI SHANKAR, J.
Page 4 of 4
W P (C) 12084/2019
3 issues framed by the court
Whether the Court can direct the respondents to establish a strong referral mechanism for maternal care through Mohalla Clinics.
Whether the Court can direct the respondents to increase the number of Mohalla Clinics and multi-speciality polyclinics as per petitioner's prayers.
Whether the petitioner's pleas involve policy decisions beyond judicial intervention.
Aishwarya Adhikari
Union of India
D.N. Patel
C. Hari Shankar
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
