The Delhi High Court Thursday transferred the plea before the CJ bench seeking directions to quash the Delhi Government notification where in the Doctors and Medical Staff are directed to function in single category, irrespective of their seniority and specialisation in the best interest of the treatment of Covid 19 patients.
The matter was listed before the Single Judge bench of Justice Rekha Palli which directs to list the same before the Chief Justice bench for appropriate directions.
The Writ Petition has been filed by the petitioner Dr. Mohammad Ajazur Rahman through Advocate Payal Bahl against the arbitrary and impugned Notification as issued by the Respondent No. 4 i.e. The Honourable Principle Secretary, Health and Family Welfare Department, Government of NCT of Delhi with the approval of the Respondent No. 5 i.e. Honourable Minister, Health and Family Welfare, Government of NCT of Delhi.
The petitioner has submitted that the said impugned notification has directed the Doctors and allied Medical Staff are directed to function in single category, irrespective of differences in their seniority and core medical specialization in the treatment of the Covid patients.
It said that the impugned notification would severely cast its negative impact on the treatment of the patients and can potentially derail the entire medical / hospital administration system for the treatment of Covid patients in the Government Hospitals in the National Capital Territory of Delhi.
It further submitted that the approval for the said impugned notification is an act of ultra vires due to lack of constitutional jurisdictional authority for the office of the Health Minister of the Government of NCT of Delhi under the aegis of the Government of NCT of Delhi Act, 1991. It is specifically submitted neither the office of the Honorable Principle Secretary Health and family welfare department nor office of the Honourable Health Minister of the Government of NCT of Delhi are not empowered to take such decision. It is further submitted that no consultation made with the Union of India before making such drastic changes.
Furthermore it has submitted that the only the Respondent No. 3 i.e. Hon’ble Lt. Governor is the Appropriate Government & Authority as per the Government of NCT of Delhi Act 1991 who has the authority to issue any such notification. It said that as the Respondent No. 3 i.e. Hon’ble Lt. Governor has not approved such impugned notification, hence the said impugned notification is an act of Ultra Vires by the virtue of following laws;
• Constitution of India
• Government of NCT of Delhi Act, 1991
• Epidemic Act 1897
• Disaster Management Act, 2005