Case Law
Subject : Constitutional Law - Public Interest Litigation
BILASPUR: Taking suo moto cognizance of media reports highlighting severe deficiencies in state-run hospitals, the Chhattisgarh High Court has directed the state government to take immediate and comprehensive steps to improve medical facilities. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, observed that the state's efforts, while acknowledged, appear "too short" to handle the immense patient load and address systemic issues like doctor vacancies and reagent shortages.
The court has ordered the Secretary of the Department of Health & Family Welfare to file a detailed affidavit on the measures being taken, with a specific focus on the alarming issue of "unhygienic/rusted surgical blades" allegedly being supplied across the state.
The High Court initiated this Public Interest Litigation (PIL) based on news articles published in 'Haribhoomi'. The reports painted a grim picture of two major government hospitals:
In response to the court's earlier order, the Secretary of the Health Department filed personal affidavits attempting to rebut the media reports and outline the existing facilities.
For CHC Belha: * The government vehemently denied the claim about the non-functional X-ray machine, calling it "absolutely fake news." It submitted data showing 426 X-rays were conducted in July 2025 alone. * However, the affidavit conceded significant staff shortages, admitting that 6 out of 9 specialist doctor posts and 3 postgraduate medical officer posts were vacant. * It was also admitted that due to a vacant anesthetist post, "emergency and night operations are not possible," though planned surgeries are conducted. * To tackle absenteeism, the state mentioned the introduction of an Aadhaar-based attendance system, set to be operational from August 15, 2025.
For Dr. Ambedkar Hospital, Raipur: * The affidavit highlighted the massive patient volume, with 52,278 patients treated in July 2025. * The state argued that an efficient registration system with multiple counters was in place and denied any unusual delays, asserting that no formal complaints had been received.
After reviewing the affidavits, the bench noted several inconsistencies and shortcomings. The court's order highlighted key areas of concern:
"From perusal of above affidavits it is manifest that though it is stated there are sufficient Doctors, but some posts are lying vacant and further there appears to be over crowding of the patients in the hospitals. The Reagents are also being not supplied, because of which, the tests could not be performed."
The bench found the state's efforts insufficient and pointed out that the affidavits completely failed to address the grave issue of unhygienic and rusted surgical blades.
Issuing a series of directives, the court ordered: 1. The Secretary, Department of Health & Family Welfare, must file a detailed affidavit outlining concrete steps taken to improve facilities and specifically address the supply of unhygienic surgical blades. 2. Respondent No. 8, the Chhattisgarh Medical Services Corporation (CGMS), was directed to ensure the supply of requisite medical kits to all state hospitals to provide better patient care and file an affidavit on the steps taken.
The matter has been scheduled for its next hearing on September 17, 2025, when the state government and CGMS will be expected to report on their compliance with the court's orders.
#PublicHealth #PIL #ChhattisgarhHighCourt
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