Delhi HC Directs Govt to Decide on Free EWS Treatment at Rajiv Gandhi Cancer Hospital Within 3 Months

The Delhi High Court has recently asked the Delhi government to take a decision on whether Rajiv Gandhi Cancer Institute & Research Centre, a prominent private hospital in the capital, is obligated to provide free treatment to Economically Weaker Section (EWS) patients under the mandate laid down by the Supreme Court of India.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela was hearing a plea filed by Advocate Nitin Garg, voicing concerns regarding the hospital’s alleged non-compliance with the Supreme Court’s judgment dated 09 July 2018.

As per the said judgment, the top court had mandated all private hospitals allotted government land to offer 10% of inpatient (IPD) and 25% of outpatient (OPD) services free of charge to EWS patients.

The petitioner pointed out that despite a clear directive issued by the Directorate of Health Services (vide letter dated 11.07.2018), no concrete decision had been taken by the Delhi Government regarding the inclusion of Rajiv Gandhi Cancer Institute under the said mandate.

On the other hand, the counsel representing the hospital argued that the hospital is not covered by the said judgment, for the reason that it is not similarly circumstanced or situated.

The judges noted that the Delhi Government had not yet taken a final decision on whether the said hospital is covered under the Supreme Court’s 2018 mandate.

In its order, the court said, “Accordingly, we dispose of this writ petition with the direction to the appropriate Department/Officer of the Government of NCT of Delhi to take an appropriate decision on the said issue with expedition within a period of three months from the date. A certified copy of this order be produced before the Government. The decision which may be taken under this order shall be communicated to the petitioner.”

While the court made it clear that it was not commenting on the merits of either side’s claims, it left it to the Delhi government to decide whether the EWS treatment obligation applies to the hospital.

“We make it clear that we have not made any observation as to the merit of the claim of either of the parties,” the court added.

Advocate Nitin Garg, reacting to the court's direction, said,”....This is a step forward in securing the rights of underprivileged patients. Compliance with the EWS mandate is not a matter of charity, but a legal and moral obligation tied to public land allocation. I will continue to pursue the matter until effective implementation is ensured."

Case Title: Nitin Garg v. Government of NCT of Delhi & Ors.

Order Date: July 30, 2025

Bench: Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela