GOPESH MEHROTRA Vs. UOI

JUDGEMENT

(1.) The present writ petitions have been filed as Public Interest Litigation ('PIL') by associations consisting of teaching and non-teaching staff of the University College of Medical Sciences (UCMS) challenging various orders passed by Respondent Nos. 1 to 4 to implement the Union Cabinet's decision dtd. 25/8/2005 ('Cabinet Decision'), wherein Government of India decided to bring University College of Medical Sciences Block and Guru Tegh Bahadur Hospital Complex ('UCMSB-GTBH') under the unified control of Government of NCT of Delhi ('GNCTD').

(2.) The Cabinet Decision was passed to find a solution to the chronic problem of dual administrative control of University of Delhi ('DU' or 'University') and GNCTD over the UCMSB-GTBH. The adverse effects of the dual control have been judicially noticed by the Division Bench of this Court as far back on 31/5/2002, in its judgment passed in W.P. (C) No. 4072/1997 titled as Supreme Court Young Advocates Forum vs. UOI wherein this Court recorded that there exists administrative mismanagement in UCMSB-GTBH which has led to poor medical services being provided to the citizens.

(3.) The Cabinet Decision was taken in consequence of the directions issued by the Division Bench in its judgment dtd. 31/5/2002 to find an administrative solution. The Cabinet Decision though dtd. 25/8/2005 remained unimplemented by Respondent Nos. 1 to 4 until the year 2014. Subsequently, in pursuance to further proceedings for implementation initiated before this Court including contempt proceedings, the concerned Respondents prodded by this Court took steps to give effect to the said Cabinet Decision between the year 2014 and 2016; and finally, GNCTD issued an order dtd. 30/9/2016 ('Impugned Order') calling upon DU to hand over the complete administrative and financial control of UCMS [to GNCTD] with effect from 1/12/2016.