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SUPREME COURT OF INDIA
Surya Kant and Nongmeikapam Kotiswar Singh, JJ.
The State Of Uttarakhand And Others – Appellant
Versus
Deepak Ruwali And Others – Respondent
Civil Appeal No.3158 of 2025 (Arising Out of SLP (Civil) No. 16466 of 2019)
Decided on : 24-02-2025
| Table of Content |
|---|
| 1. consideration of medical facilities needed. (Para 2) |
| 2. directions for establishing medical infrastructure. (Para 3) |
| 3. state's argument on existing nearby facilities. (Para 4) |
| 4. constitutional obligation to provide healthcare. (Para 5) |
| 5. modification of high court judgment. (Para 6) |
ORDER :
1. Leave granted.
2. The issue that arose for consideration of the High Court in a Writ Petition purportedly filed in public interest by respondent No.1, was whether requisite medical facilities are being provided to the people living in and around Bhowali town, which is near Nainital.
3. The impugned judgment of the High Court reveals that an Expert Committee was constituted. Based upon the recommendations of that Committee for setting up a multi-speciality hospital at Bhowali, the High Court has issued the following directions:
B. The State Govt. is directed to construct the new buildings for Multi-Speciality Hospital as per the norms of Indian Public Health Standards by initiating the tender process after completing all the codal formalities i.e. DPR, building plans etc., within a period three months from today.
C. The State Govt. is also directed to release sufficient funds for the treatment of patients admitted in T.B. Sanatorium, Bhowali, within a period of seven days' from today.
D. The State Govt. is also directed to undertake minor repairs of buildings at Bhowali T.B. Sanatorium on urgent basis and to make it functional for establishment of Multi-Speciality Hospital within a period of two weeks from today.
E. The State Govt. is also directed to setup/establish Cardiac Care Unit and Geriatric Ward at B.D. Pandey District Hospital, within a period of three months from today. Cardiologist and Gynecologist be appointed within two weeks from today.
F. All the vacant posts of doctors, paramedical staff and ministerial staff in B.D. Pandey (Male) District Hospital, B.D. Pandey (Female) District Hospital and G.B. Pant Hospital be filled up within a period of three months from today, if necessary by holding walk-ininterview on urgent basis.
G. The State Govt. is also directed to make provision for Central heating in all the three hospitals i.e. B.D. Pandey (Male) District Hospital, B.D. Pandey (Female) District Hospital and G.B. Pant Hospital, Nainital before the onset of winter season.
H. The State Govt. is further directed to install generators in every district hospital to provide uninterrupted power supply.
I. The State Govt. is also directed to ensure that all the doctors posted at a particular place/station remain available around the clock, failing which, disciplinary proceedings be initiated against them.
J. The State Govt. is directed to appoint doctors, nurses, para-medical staff, administrators etc. and to provide equipment as per Indian Public Health Standards within a period of six months from today at the secondary level/tertiary level hospitals.
K. The State Govt. is also directed to appoint doctors, nurses, para-medical staff, administrators etc. in all the sub-district/sub-divisional hospitals, Special Centres, Primary Health Centres (PHCs'), Community Health Centres as per the norms of Indian Public Health Standards and Medical Council of India, within a period of six months from today.
L. The State Govt. is also directed to comply with all the norms of Indian Public Health Standards issued from time-to-time in the Multi-Speciality Hospital to be opened/ established in T.B. Sanatorium, Bhowali including doctors, nurses, para-medical staff, administrators and equipment.
M. The State Govt. is directed to establish trauma centres with following essential equipments in every district hospital, within three months from today, as per the norms prescribed b
The provision of basic medical facilities is a fundamental right under Article 21, necessitating state responsibility to ensure accessible and adequate healthcare infrastructure.
The court reaffirmed that the right to health is a fundamental right under the Constitution, obligating the state to provide adequate medical facilities, particularly for underprivileged citizens.
State hospitals must provide timely medical treatment; failure constitutes a breach of the right to life under Article 21.
The duty of the State to improve public health and the interplay between fundamental rights and directive principles in ensuring affordable public health services.
The right to health under Article 21 mandates timely completion of healthcare facilities, especially during a pandemic.
The obligation of the State to provide adequate maternal healthcare is fundamental under Art.21 of the Constitution.
The main legal point established is the deference to the policy decision of the State Government in selecting the location for the District Hospital, considering the public interest and compliance wi....
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