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While emphasising that the scheme should be implemented in its entirety, the High Court had said that residents of Delhi should not be deprived of the funds and facilities under the said scheme
The Supreme Court of India stayed the Delhi High Court's order that directed the Delhi government to sign a Memorandum of Understanding (MoU) with the Centre for implementing the Centre's PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme.
A bench of Justices BR Gavai and AG Masih issued notice and sought the Centre's response while hearing the Delhi government's plea, which challenged the High Court's direction to sign an MoU with the Union Ministry of Health and Family Welfare by January 5 for the implementation of the said scheme.
Appearing for the Delhi government, Senior Advocate AM Singhvi raised questions regarding the High Court's authority to compel the state government to sign the MoU.
Last month, the Delhi High Court had said that the non-implementation of the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme was unjustified. The court had then ordered the signing of an MoU between the Centre and the Delhi government.
The bench, comprising Justices Prathiba M Singh and Manmeet Pritam Singh Arora, observed, "The clear position that emerges from the above minutes is that the PM-ABHIM scheme must be implemented in its entirety."
Emphasising that the residents of Delhi should not be deprived of the funds and facilities under the scheme, the court observed, "Clearly, the funds for one scheme cannot be sought to be released for other projects, as is being asserted. The non-implementation of the PM-ABHIM scheme in Delhi, when 33 states and UTs have already implemented it, cannot be justified. Therefore, since the Memorandum of Understanding (MoU) must be signed between the Ministry of Health and Family Welfare, the Government of India, and the GNCTD, it should be signed by January 5, 2025."
Notably, the High Court had passed the impugned order while dealing with a suo-motu public interest litigation (PIL) from 2017, concerning Delhi's health infrastructure in government hospitals.
Case Title: Government of NCT of Delhi versus Union of India and Ors
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