SC stays HC order asking Delhi govt to sign MoU over Centre's health scheme

NEW DELHI: The Supreme Court on Friday stayed an order asking the Delhi government to sign a memorandum of understanding (MoU) with the Central health ministry by January 5 to implement the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM).

A bench of Justices B R Gavai and Augustine George Masih issued notices to the Centre and others seeking their responses on a plea filed by the Delhi government against the December 24, 2024 direction of the Delhi High Court.

Senior advocate Abhishek Singhvi, appearing for the Delhi government, said the court should issue notice on the plea as the AAP government was forced to sign the MoU with the Central government.

"How can the high court force me (Delhi government) on a policy matter to sign an MoU with the Central government?" he asked.

The Delhi government's plea was filed through advocate Talha Abdul Rahman.

The plea said the way PM-ABHIM was designed and envisioned, it catered to the country's interiors and was suitable for rural spaces where, for example, health and wellness centres manned by a community worker were sufficient.

It said in Delhi, however, under the Aam Aadmi Mohalla Clinics, 529 local centres manned by qualified registered medical practitioners were already running.

"The high court overlooked that the GNCTD has agreed to firstly utilise funds proposed under ABHIM scheme for augmenting mohalla clinics, critical care services (ICU beds) and diagnostic services," the plea said.

"Secondly, the GNCTD has agreed to implement one component of ABHIM scheme on pilot basis. This is a policy decision, and well within the domain of the government-petitioner," it added.

The plea said any policy, which was framed by the Delhi government was subject to scrutiny by the legislative assembly, acting as a safeguard and the vanguard of the interest of the people of Delhi.

While passing the order on December 24, 2024, the plea said, the high court did not appreciate that PM-ABHIM was a five year scheme from 2021-2022 to 2025-2026.

The plea said the scheme provided for 60:40 sharing of capital expenditure in infrastructural development between the Centre and state respectively, but did not provide for finances for revenue to provide medical services.

"Thus, at this stage, to abandon Delhi government's own medical health policy devised specifically for Delhi and improved from time to time in favour of PM-ABHIM is a policy decision which the Government of NCT of Delhi has decided against," argued the plea.

In its order passed on December 24 last year, the high court referred to the minutes of the meeting held in December 2024 and noted the PM-ABHIM would have to be implemented in its entirety to ensure Delhi residents were not deprived of the funds and facilities under it.

It said the scheme's non-implementation in Delhi when 33 states and union territories had already implemented it, would not be justified.

"Since the memorandum of understanding (MoU) has to be signed between the Ministry of Health and Family Welfare, Government of India and the GNCTD, let the said MoU be signed by January 5, 2025," directed the high court.

It further said, "This MoU shall be signed irrespective of the model code of conduct, if any, as the same has been monitored by this court and is for the benefit of citizens of Delhi."