Apollo Hospital served only 9-10 percent EWS OPD patients in 5 years: Delhi Govt tells SC

A bench of justices comprising Surya Kant and Joymalya Bagchi took the affidavit filed by Vatsala Aggarwal, director general at the Directorate of Health Services of the Delhi government, on record.

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According to the PTI report, the Delhi government, in its affidavit, said, "The hospital was obliged to look after the EWS patients to the extent of 40 per cent outpatients and 33 per cent inpatients. However, as per scrutiny, only 9-10 per cent patients in OPD and 7-9 per cent in IPD of the total patients are attended over the last 5 years for which the records were scrutinized."

The top court posted the matter for further hearing in the second week of December and asked Apollo Hospital, which is being run by Indraprastha Medical Corporation Limited (IMCL), to file its response.

The apex court on Wednesday heard a plea filed by IMCL challenging the September 22, 2009, order of the Delhi High Court, which had ruled that hospital administration has flouted the lease agreement condition to provide free treatment to indoor and outdoor poor patients with "impunity". 

The high court had passed the order on a plea of All India Lawyers' Union (Delhi Unit), represented by advocate Ashok Agrawal.

At the outset, Additional Solicitor General SD Sanjay informed the apex court that an expert committee constituted on the orders of the court has visited the hospital and given its findings. 

The Delhi government further said that pursuant to the March 25 order of the court, it, in consultation with the Union Ministry of Health & Family Welfare, constituted an expert committee to examine and furnish the joint comprehensive report clearly explaining as to how its obligation was complied by Indraprastha Apollo Hospitals as per the lease agreement, reports PTI.

It said the expert panel comprising four members were constituted on April 25, 2025, to visit the Apollo Hospital physically to assess and verify the records & status on the site.

"The team visited the Hospital on three occasions: May 30, 2025, June 10-16, 2025. The expert committee held its meeting on various occasions, and it also sought data regarding the EWS patients from the Apollo Hospital and the same was verified through the EWS," it said.

Giving the details of the finding of the expert panel, the Delhi government said it was further found that treatment of the EWS /poor patients is not being done totally free of cost.

"All these patients are being charged for all the medicines & consumables on actual cost basis or they are asked to procure the medicines from outside. Patients are also charged with 20 percent of the cost of all consumables used in diagnostic service," it said.

The Delhi government further said that the lease for the land expired on July 31, 2023, during the pendency of its special leave petition filed by the Hospital establishment against the Delhi High Court order and the same has not been renewed prior to the expiry of the said period.

It said that the Indraprastha Apollo Hospital has submitted a proposal on May 9, 2025, to the Delhi government to renew the lease for a further period of 30 years.

"The aspect of lease deed renewal will be examined in totality, after reviewing the fulfillment of the obligations of the company, especially in respect of EWS patients and in terms of lease deed between the Delhi Government and IMCL (JV between Delhi Government and Apollo Hospital Ltd.) and findings of Aggarwal Committee.

"In this connection, it is important to mention that the question of grant of extent of free treatment raised by the petitioner in this SLP is still under consideration of this court. After examining all these aspects, the proposal would be submitted to the competent authority for final decision," the Delhi government informed the bench.

It added that the Union health ministry has issued an office memorandum stating that the issue doesn't fall under the purview of the ministry and Ministry of Housing and Urban Affairs, Delhi Development Authority and GNCTD were requested to take appropriate action.

On March 25, the top court said if poor people are not provided free treatment at Indraprastha Apollo Hospital here, it will ask the All India Institute of Medical Sciences (AIIMS) to take it over.

It had taken serious note of the alleged violation of the lease agreement under which the Apollo hospital was to provide free medical and other facilities to one-third of its indoor poor patients and 40 per cent of its outdoor patients without any discrimination.

The top court had observed that the hospital, constructed by the Apollo Group in 15 acres of land in the posh area of Delhi, which was given on a symbolic lease of Rs 1, was to be run on a 'no profit and no loss' formula, but has instead turned into a pure commercial venture where poor people can hardly afford treatment.

On September 22, 2009, the high court had directed the hospital administration to provide one-third of the free beds, that is 200 beds with adequate space and necessary facilities to the indoor patients and also to make necessary arrangements for free facilities to 40 percent of the outdoor patients.

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