PRAMOD KUMAR CHOUDHARY v. NEW DELHI MUNICIPAL COUNCIL & ORS.
W.P.(C)/5490/2023 · 2026-04-16
Purushaindra Kumar Kaurav
Writ Petition (Civil)body2023
DailyLaw.ai
[ 2023 DAILYLAW 6597 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 6597 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5490/2023 and CM APPL. 21416/2023
PRAMOD KUMAR CHOUDHARY
.....Petitioner
Through: Mr. Prashant Vaxish, Mr. Pranav Raj Singh, Mr Sushmit Chauhan and Mr. Anant Attri, Advocates.
versus
NEW DELHI MUNICIPAL COUNCIL & ORS. .....Respondents
Through: Ms. Kanika Agnihotri, Ms. Prachi Anand, Ms. Shivani Patil, Advocates for R-1. Ms. Vaishali Gupta, Panel Counsel ( Civil ) GNCTD, Mr. Siddharth Arora, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R %
16.04.2026
1. The instant petition is for the following reliefs:-
“i) Issue writ in the nature of Mandamus or such other writ, order or direction, directing the Respondent No.1 to dis-empanel the entire chain of healthcare facilities of offending hospital comprising its hospital, poly- clinics and diagnostic centers from the empanelment of Respondent No.1 in terms of the agreement.
ii) Issue an appropriate Writ, Order or directions, directing the Respondent No. 1 to enquire into and take legal action against the conduct of ex-Director of Respondent, Mr. O.P Mishra and prosecute him for his illegal and unlawful acts of omission and commission and who unilaterally conceded to the closure of criminal proceedings, sans any authorization.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 12:36:07
iii) Issue an appropriate Writ, Order or directions directing that Respondent No. 1 & 2 should ensure that the offending hospital should display on its website and at conspicuous place of its hospitals, the photo identity of all its doctors along with their DMC registration number; qualification certificate and competence to practice a particular branch of medical science.
iv) Issue an appropriate writ, Order or directions directing an inquiry to investigate as how many other such doctors without the requisite qualifications and without the due registrations, are employed by the offending hospital.
v) Direct Respondent NDMC to reimburse the Petitioner to the tune of Rs 25 lakhs towards financial aid towards his long-drawn litigation that he has been fighting singlehandedly as well as towards compensation for violating his fundamental rights to a free and fair investigation as guaranteed under Article 21 of the Constitution of India. vi) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”
2.
Learned Counsel appearing on behalf of respondent no.1 submits that, during the pendency of the instant petition, the healthcare facilities of the offending hospital were already disempanelled vide order dated 11.07.2014. 3. In view of the above, the principal relief sought in the instant petition, which is a direction to respondent no.1 to disempanel the healthcare facilities of the concerned hospital, does not survive any more. Once respondent no.1 has already taken the action, which the petitioner primarily sought against it, no further mandamus is called for in respect of prayer clause (i). 4. With respect to prayer (ii), in the absence of Mr O.P. Mishra having been arrayed as a party, no directions for any action can be passed by the Court. Even otherwise, respondent no.1, i.e. New Delhi Municipal Corporation (‘NDMC’), has taken the position that Mr O.P. Mishra was not, and is not under the employment of NDMC. For both the reasons, the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 12:36:07
prayer (ii) made in the instant petition cannot be granted. 5. Prayer clauses (iii) and (iv) pertain to an inquiry into the allegation that doctors without requisite qualifications and registrations are employed by the hospital concerned. The petitioner seeks directions regarding the display of the particulars of doctors, including their DMC registration numbers, qualification certificates and competence to practise specific branches of medical science, etc. The said prayers are like a regulatory direction, and a general inquiry into the affairs of the hospital concerned. 6. Such directions cannot be issued particularly when the hospital concerned stands disempanelled from the panel of respondent no.1. If the petitioner has any independent grievance regarding the violation of any statutory or regulatory requirement by the hospital concerned, it shall be open to him to raise the same before the competent statutory or regulatory authority, in accordance with law. 7. Rs. 25 lakhs towards litigation expenses and compensation therein is also not liable to be granted. The petitioner in order to seek this relief, has to adduce oral and documentary evidence, which may not be appriately considered in a writ petiton. He, however, is granted libery to take other appropriate remedy. 8.
In view of the aforesaid, nothing further survives for adjudication. The petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J APRIL 16, 2026 Nc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 12:36:07