The Union Cabinet's decision dated 25.08.2005 to place UCMS under the unified control of GNCTD was taken to solve the chronic problem of dual administrative control by DU and GNCTD, which had led to management failures and poor medical services. This decision was accepted by the Union Cabinet after consideration by MHRD and MoHFW and was stayed pending implementation; implementation was stayed due to further litigation but has since been ordered.
The present petitions challenge the impugned order dated 30.09.2016, which gave effect to the Cabinet Decision, on the grounds of apprehension regarding promotions, seniority, and salary payments. The Court held that absenteeism by the Petitioners in opposing the implementation of the Cabinet Decision amounts to a high bar (estoppel). The Court observed that successive orders of this Court and the Supreme Court (in SLP) have affirmed the necessity of unifying control under GNCTD to ensure functional efficiency and quality medical education.
Regarding the apprehension of fund shortage, GNCTD filed an undertaking that the budget would not be an issue and that required funds (estimated at 250 crores initially) would be infused. Consequently, reliance on earlier correspondence suggesting a financial impasse was found to be otiose.
The Court held that Cabinet Decisions are not lightly interfered with under Article 226 unless they are arbitrary or violative of fundamental rights, none of which were made out here. The submissions by DU supporting the Petitioners were rejected as contrary to its own earlier resolution. The petitions for directions to reconsider the Cabinet Decision were dismissed. The order of stay dated 16.11.2016 was vacated. The reliefs were dismissed.
