LAWS(DLH)-2007-5-269

VARUN GOSWAMI Vs. GOVERNMENT OF DELHI

Decided On May 02, 2007
VARUN GOSWAMI Appellant
V/S
GOVERNMENT OF DELHI Respondents

JUDGEMENT

(1.) THIS petition filed in public interest prays for a mandamus directing the respondents to forthwith increase the number of ambulances being run and operated by the Centralised Trauma Centres Society and to frame the necessary rules and regulations regulating ambulance services in Delhi. A mandamus directing respondents No. 1 and 3 to make it mandatory for every ambulance to be duly inspected, verified and certified by the Health Department of the Government of Delhi has also been prayed for apart from a mandamus directing registration of all ambulances under a separate category of 'Ambulatory Vehicles' and not as commercial vehicles.

(2.) A series of interim orders have been issued by this Court in these proceedings in which a total of 19 hospitals in Delhi run by the Government of NCT, Delhi and by Union of India added as party respondents. The Court had directed all the Government hospitals to furnish details of the vehicles being run as ambulances and whether the same were equipped with the necessary gadgets for life saving purposes. Subsequent orders especially those passed on 9.1.2007 and 12.2.2007 directed the Health Secretary Delhi Administration to file separate affidavits after consulting the Transport Department of Delhi as to what regulations and checks are being maintained while permitting private operators to operate ambulances and what is the hire/fee structure permissible for such services. Affidavits were also demanded from the Medical Superintendents, Ram Manohar Lohia Hospital and Guru Teg Bahadur Hospital to explain as to why there is only one ambulance attached to each one of those hospitals and the reason for not providing an adequate number of ambulances for the benefit of the public. These affidavits have been filed indicating the available ambulances and the proposed additions to the number thereof.

(3.) THAT leaves us with the question whether there is a shortage of ambulances in the city hospitals and whether CAT should add some more vehicles to its fleet. Mr. Tandon, learned Counsel appearing for the CAT submits on instructions that CAT plans to raise the number of vehicles in its fleet to 450 by 2008 as against near 35 vehicles presently in use. Mr. Tandon submits that CAT has already invited tenders for the purchase of ambulance vehicles and that with the addition of the new vehicles the position would get substantially eased. That statement has been put on affidavit by CAT and is hereby accepted by us. Consequently the apprehension of the petitioner that the shortage in the number of ambulances being operated by CAT or by the hospitals will continue to adversely affect the interest of the user public must stand allayed. Having said so we leave it open to the petitioner to file an appropriate representation to the Secretary, Health Government of NCT, Delhi or the Union Health Secretary as the case may be addition to the existing fleet of ambulances attached to various hospitals run by them in which event the proposal shall be examined similarly and appropriate directions on the subject issued. The writ petition and all pending applications filed in the same shall stand disposed of with the above directions. No costs. Writ Petition disposed of.