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2016 Supreme(HP) 2477

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
MANSOOR AHMAD MIR, SANDEEP SHARMA, JJ.
Court on its own motion - Petitioner
Versus
State of HP and others - Respondent
CWPIL No. 12 of 2015
Decided on : 21-10-2016

Advocates:
Advocate Appeared:
Mr. Vikas Rathore, Advocate, as Amicus Curiae
Mr. Shrawan Dogra, Advocate General, with M/s Anup Rattan, Romesh Verma, Additional Advocate Generals, and Mr. J.K. Verma, Deputy Advocate General for the respondents-State

The court emphasized the obligation of the authorities to address vacancies in medical institutions, establish super specialty departments, and provide necessary facilities for the treatment of patients to ensure effective healthcare services.

Headnote:

Health Department - Vacancies and Facilities - The court directed the filling of vacancies in various medical institutions, establishment of super specialty departments, and provision of necessary facilities for the treatment of patients.

Fact of the Case:

The Principal Secretary (Health) of the Government of Himachal Pradesh filed an affidavit disclosing the functioning of the Health Department and the status of various departments at Indira Gandhi Medical College Shimla (IGMC). The court noted the vacancies in different departments and the steps being taken to create specialized facilities.

Finding of the Court:

The court directed the filling of vacancies in medical institutions, establishment of super specialty departments, and provision of necessary facilities for the treatment of patients. It also instructed the concerned authorities to take immediate steps to address the deficiencies.

Issues: Vacancies in medical institutions, establishment of super specialty departments, provision of necessary facilities for the treatment of patients.

Ratio Decidendi: The court emphasized the importance of filling vacancies in medical institutions, establishing super specialty departments, and providing necessary facilities for the treatment of patients to ensure effective healthcare services.

Final Decision: The court directed the concerned authorities to take immediate steps to fill vacancies, establish super specialty departments, and provide necessary facilities for the treatment of patients in various medical institutions.

JUDGMENT :

MANSOOR AHMAD MIR, J.

1. In compliance to the order dated 7th September, 2016, the Principal Secretary (Health), to the Government of Himachal Pradesh-respondent No.2 has filed the affidavit, which does disclose the present functioning of the Health Department, particularly various departments in the Indira Gandhi Medical College Shimla, for short ?IGMC?. Annexure R-1 is the chart showing the faculty position, including vacancy position in various departments at IGMC, Shimla.

2. It appears that almost all the sanctioned posts are being manned and only a few posts are vacant.

3. The Endocrinology department is not in place in IGMC, Shimla and it is stated that the steps are being taken to create super specialist faculty member and one medical officer is undergoing DM course in Endocrinology, sponsored by the Government.

4. The Nephrology Department is in place and the Government has taken steps to create Dialysis Units under the National Dialysis Program in various Districts. The suitable site has been identified for construction of the Specialty Block.

5. Kidney Transplant facility is not in place at IGMC and steps are being taken to create the said facility.

6. The Himachal Pradesh Public Service Commission, through its Secretary is arrayed as party respondent in this petition, who shall figure as respondent No. 8 in the array of the respondents. Registry to carry out necessary correction in the memo of the petition.

7. Issue notice to the newly arrayed respondent. Mr. D.K. Khanna, Advocate, waives notice on behalf of the said respondent.

8. Keeping in view the orders passed by this Court from time to time and the status reports filed, particularly the status report filed by the Principal Secretary (Health), to the Government of Himachal Pradesh, we deem it proper to pass the following directions.

(i) The Principal, IGMC Shimla as well as the concerned authorities, including respondent No. 8 is directed to take steps to fill-up all the vacancies which are lying vacant in IGMC Shimla, Rajinder Prashad Government Medical College, Tanda, other medical colleges, all the districts hospitals, sub divisional level hospitals and Taluka level hospitals, as early as early possible.

(ii) The Chief Secretary, the Principal Secretary (Health), to the Government of Himachal Pradesh, Principal IGMC Shimla, Secretary H.P. Public Service Commission, are directed to take steps within two weeks, in order to establish the Endocrinology super specialty. They are directed not to wait for the doctor (s) who is/are undergoing DM Course sponsored by the Government.

(iii) Respondents are directed to ensure that the Nephrology Department is made workable in full and additional posts of all the cadres are created and filled-up, so that, the poor patients are not made to run pillar to post and post to pillar and to run for treatment outside the Himachal Pradesh State.

(iv) The kidney Transplant Facilities be made available at IGMC Shimla and all steps shall be taken, as required, to make the said facility available. Steps be taken within two weeks.

(v) Steps be also taken for undertaking construction of Super Specialty Block in terms of the directions already passed read with the status report filed by the Principal Secretary (Health).

Respondents to file status reports and also to file status report relating to the facilities available in Taluka Level/, Sub Divisional level/District level hospitals and all the Medical Colleges, functioning in the entire State of Himachal Pradesh.

List on 3rd November, 2016. Dasti copy.

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