In a significant move aimed at widening access to affordable treatment in Delhi, the Delhi High Court on Wednesday recorded the Delhi government’s decision to increase the income limit for Economically Weaker Section (EWS) healthcare benefits from ₹2.25 lakh to ₹5 lakh per annum.
The court also issued a fresh set of directions to speed up recruitment in government hospitals, improve radiology and diagnostic services, and ensure the delayed digital hospital system is implemented without further drift.
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Background of the case
The matter is part of a long-running court-monitored proceeding where the High Court has been examining gaps in Delhi’s public health system-ranging from staff shortages and poor diagnostic access to slow digital upgrades.
The case was heard by a Division Bench of Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora, through hybrid mode.
On the previous hearing date, the bench had expressed displeasure over what it described as “substantial delay” in basic hospital services like radiological diagnostics, and also noted slow progress in rolling out the NextGen e-hospital application, which was meant to strengthen emergency healthcare delivery.
During the hearing, Mr. Nikhil Kumar, Secretary (Health and Family Welfare), GNCTD, joined virtually and informed the court that the long-pending proposal to enhance the EWS criteria had finally been approved by the competent authority.
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The court was also shown an official order issued by the Directorate General of Health Services (DGHS), dated 02 January 2026, confirming the revision of the EWS income ceiling to ₹5,00,000 per annum.
Court observation
Recording the development, the bench made it clear that the revised EWS income limit would apply across Delhi’s public healthcare network, including government hospitals and identified private hospitals built on concessional land allotments where EWS norms are mandatory.
“The bench observed, ‘This Court takes this enhanced EWS criteria on record and directs that adequate publicity be given to this enhancement so that citizens are made aware of the same and take benefit.’”
In simple terms, the court wants the government to not just issue the order, but also ensure people actually know they can claim treatment under the updated threshold.
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A major focus of the hearing remained the shortage of doctors and support staff in Delhi government hospitals.
After reviewing the status placed on record, the court noted that while recruitment has happened for several posts, a substantial number of vacancies still remain unfilled.
The bench then directed that the UPSC and DSSSB-the two bodies involved in hiring-must expedite recruitments and submit a clear status update with timelines through the Health Secretary.
“The concerned officials of the UPSC and the DSSSB shall render all cooperation to ensure that the recruitment is not delayed further,” the court said.
The bench also examined the issue of long waiting periods for tests like MRI and CT scans.
The Delhi government informed the court that where waiting periods exceed three days, patients can be referred to 35 empanelled diagnostic centres for free services, and that ₹80 crore had been disbursed to these centres in the last year.
However, the court found the response incomplete.
“The bench observed, ‘The Court is not satisfied with this response as there is no clarity as to whether these 35 diagnostic centres are capable of carrying out radiological services… which are very basic services that need to be available for patients.’”
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To remove confusion, the court directed GNCTD to file a detailed chart including:
- The diagnostic facilities available in each government hospital (X-ray, ultrasound, CT, MRI)
- Whether machines are functional
- Number of patients tested in 2025
- Services available at each empanelled diagnostic centre
- How many referred patients actually used those centres
- Funds released to the centres in 2025
- Delays in issuing reports even when tests are conducted
The court also flagged that the process of improving radiological services requires close monitoring due to its direct impact on patient care.
Noting that bid documents were supposed to be prepared by early January, the bench directed the government to finalise the bid document immediately, begin outreach over the next month, and identify bidders who can provide radiology services in Delhi government hospitals.
Health Secretary Nikhil Kumar assured the court that he would personally supervise the process.
On the delayed rollout of the NextGen HMIS (Hospital Management Information System), the court was informed that out of 14 modules, 7 have already been implemented, and the remaining 7 modules are expected to be completed by 31 January 2026.
The bench directed that the remaining modules must be implemented within the deadline and that officials from NIC along with GNCTD health department should demonstrate the system on the next hearing date.
The court also asked GNCTD and NIC to examine whether hospital emergency and bed availability data can be made available in real time through a mobile app, making it easier for patients, ambulance staff, and police dealing with accident victims.
Another issue flagged was the incomplete infrastructure work at Lok Nayak Hospital, where a new block for medicine, maternity and paediatrics has reportedly been partially constructed but stopped due to budget constraints.
Directing immediate action, the court ordered a meeting between PWD officials and the Health Department to take a clear decision on completing the project.
The bench noted that since over ₹550 crore has already been spent, the hospital “ought to be completed at the earliest so that it can be made operational.”
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Decision
The Delhi High Court recorded the enhancement of the EWS healthcare income limit to ₹5 lakh, directed wide publicity of the benefit, and issued multiple directions to GNCTD, UPSC, DSSSB, and NIC to speed up recruitment, improve diagnostic services, complete digital health modules, and file status reports on pending issues.
The matter has been listed for further hearing on 13 February 2026.
Case Title: Court on its Own Motion v. Union of India & Ors.
Case No.: W.P.(C) 3903/2017 (with connected matters)
Case Type: Writ Petition (Civil) – Court-monitored public health administration
Decision Date: 08 January 2026
