Point of Law: It is trite that Courts would be slow in interfering in the policy matters, unless the policy is found to be palpably discriminatory and arbitrary.

JUDGMENT :

SHAJI P. CHALY, J.

1. This is a public interest writ petition filed by a resident of Agatti Island in Lakshadweep; and according to the petitioner, the writ petition is filed as a responsible citizen being concerned and aggrieved by the disregard and inaction of the concerned authorities including respondents 1 to 4 i.e. the Administrator, the Secretary (Health), the Director of Health Services of the Union Territory of Lakshadweep, and the Joint Secretary, Ministry of Health and Family Welfare Department, Government of India, New Delhi, in the enforcement of their duties for the welfare, good health and well being of the residents of Lakshadweep Island.

2. The grievances of the petitioner are that the Rajiv Gandhi Speciality Hospital at Agatti Island is functioning under a Public Private Partnership (PPP) Mode from the year 2011. The first bidder of the hospital under the PPP Mode was Amrita Institute of Medical Sciences, Ernakulam. On completion of their tenure, the second bid was awarded to the IQRA International Hospital, Kollam and the third bidder was Daya General Hospital, Thrissur. Accordingly, Memorandum of Understanding (MoU) dated April 20th was signed by and between Daya General Hospital, Thrissur and the Secretary (Health), Union Territory of Lakshadweep-2nd respondent, for a period of two years which ended in April 2022.

3. In fact the issue raised by the petitioner arises after the expiry of the last agreement. According to the petitioner, it has come to his knowledge on making due enquiries that no further process has been carried out to give extension to the existing bidder or for inviting fresh bid to run the hospital under PPP Mode for a stipulated period like the earlier years by the respondents in the writ petition. It is further submitted that respondents 1 to 3 are proposing to run the hospital directly by appointing all specialist doctors and other paramedical staff on terminating the PPP mode; however, respondents have not even initiated the recruitment process for appointing specialist doctors and other technical and paramedical staff. It is also contended that at present, Rajiv Gandhi Speciality Hospital is facing acute shortage of staff and facilities such as specialist doctors and other paramedical and technical hands, staff nurses, etc. As also it is contended that sufficient quantities of life saving medicines and basic laboratory facilities are not available for the past few months including disposable syringes.

4. The sum and substance of the contention put forth by the petitioner is that even though the petitioner as well as likeminded residents had approached the respondents and appraised them of the pitiable condition that is prevailing in the Island due to lack of proper medical facilities especially to meet the requirement of pregnant women and old people, the respondents have not taken any action consequent to which, the petitioner has no other option than to approach this court in order to protect the interests of the public.

5. A statement is filed by the standing counsel for and on behalf of respondents 1 to 3 and among other contentions, it is submitted that the Department of Health Services under Lakshadweep Administration, with the approval of the Ministry of Health and Family Welfare, Government of India was running the Rajiv Gandhi Speciality Hospital under PPP Mode from 2011. The contract awarded to various hospitals as is submitted by the petitioner are all admitted. However, it is submitted that as per the terms of the PPP mode, doctors were to be provided by the private agencies while logistics including machineries and medical equipments, medicines and other allied items were provided by the Department of Health Services; and doctors for five basic speciality services like P