Authority: Supreme Court of India (Bench: Justice Prashant Kumar Mishra, Justice Shree Chandrashekhar)

Order Date: 29-07-2026

Case Overview

  • Parties: Union of India (Petitioner) vs. Moolchand Khairati Ram Trust (Respondent).
  • Origin: Arising from the impugned final judgment and order dated 09-07-2018 in CA No.3155/2017.
  • The Court had earlier directed the Government of NCTE, Delhi, to file compliance reports and to take action against hospitals failing to comply with the 09-07-2018 order.
  • Fresh compliance affidavits were filed by the Government of NCTE, enumerating non‑compliant hospitals.
  • On 24-02-2026 the Court issued notices to the listed hospitals asking why contempt proceedings should not be initiated and why concessions should not be withdrawn.
  • The hospitals submitted compliance affidavits; the Court appointed Amicus Curiae Sanjay Jain (Senior Advocate) and Ninad Laud (Advocate) to compile a compliance chart.
  • The Amici filed their report on 10-05-2026. Subsequently, by order dated 13-05-2026, the Amici were instructed to convene a joint meeting of stakeholders, including:
  • The Amici (Sanjay Jain and Ninad Laud)
  • Dr. Kusum Arora, Superintendent Nursing Home & EWS In‑charge, GNCTD
  • Noticee hospitals through their medical superintendents/authorized officers
  • Secretary, Department of Health & Family Welfare (MoHFW), GNCTD
  • Director, Land and Development Office, Government of India
  • Senior officers from land‑owning agencies
  • Deputy Commissioners of Municipal Corporation of Delhi, New Delhi Municipal Council, and Delhi Cantonment Board
  • Director‑level officer from Delhi Development Authority
  • Joint Secretary, Ministry of Health, Central Government
  • The meeting was held on 23-05-2026, after which the Amici filed an SOP titled "Delhi EWS Free Treatment Standard Operating Procedure, 2026".
  • Counsel for the noticee hospitals argued that the SOP copy was supplied only on 27-07-2026, requesting additional time to review and suggest improvements before Court adoption.
  • The Court emphasized that the SOP must address procedures for admitting emergency EWS patients, referring specifically to Clause‑7 (verification at hospitals and emergencies), Clauses 7.2 & 7.3 (emergency procedures), and Clause‑20 (denial protocol) with sub‑clause 20.5 (prohibition on denying treatment due to exhausted monthly EWS quota).
  • The Court directed that revised SOP incorporating detailed emergency treatment procedures be filed. Hospitals must submit their suggestions on the SOP within two weeks from the date of the order, and the Amici must file the revised SOP within the following week.
  • It was noted that Yatharth Hospital, Dwarka (Noticee No.32) neither attended the 23-05-2026 meeting nor responded to the Court’s notice. The Court ordered a notice to be served on its Medical Superintendent, stating that contempt proceedings may not be initiated against the hospital, but the Medical Superintendent must appear before the Court at the next hearing.
  • The matter is scheduled to be posted on 09-09-2026 for further consideration.

Final Outcome

  • The Supreme Court mandated the preparation and filing of a revised "Delhi EWS Free Treatment SOP" incorporating emergency patient protocols.
  • All noticee hospitals are required to submit feedback within two weeks; the Amici must submit the updated SOP within one week.
  • Yatharth Hospital, Dwarka is specifically warned and its Medical Superintendent is to appear at the next hearing.
  • The case will be revisited on 09-09-2026.

Topics: EWS free treatment, Hospital compliance, Supreme Court order