The court established that neglect in healthcare services violates constitutional rights, necessitating immediate remedial measures.

ORDER :

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

S.C.B. MEDICAL COLLEGE AND HOSPITAL PROBLEMS

LIVER TRANSPLANTATION ISSUE :

Order No. 291-A. 07.08.2025

A news item was published in Odia daily  “The Samaja” on 10.07.2025 that liver 07.08.2025 transplantation cannot be held further in SCBMCH, Cuttack.

Another news item has been brought to the notice of this Court by the Advocate’s Committee, which is published in Odia daily “The Samaja” on 05.08.2025 under the caption of “SCB RE JAKRUTA PRATIROPANA, GARIBANKU UPAHASA, CHENNAI RE HEBA BABUNKA JAKRUTA PRATIROPANA, SARAKAR KHARCHA KARIBE 28.5 LAKHYA” wherein it is stated that liver transplantation in S.C.B.M.C.H, Cuttack is a mockery qua the poor and Govt. official’s liver transplant will be conducted in Chennai and Government has to spend Rs.28.5 lakh for such purpose. Only two liver transplantations were performed in this unit and it has been closed since then. Liver transplantation for the poor and needy while not being done, twenty eight lakh & fifty thousand rupees has been demanded for liver transplant for an Indian Administrative Officer of Board Of Revenue, by issuing letter no. 28236/30.07.2025 to the Director of Medical Education and Training. It is further stated that while the Government officials are going out of State for treatment with Govt. fund, common people struggle with life and death. It is stated that the liver transplantation unit at S.C.B.M.C.H., Cuttack was set up in the year 2012. Although agreements were made with three institutions, it was later cancelled for some reason. After an agreement was made with the Asian Institute of Gastroenterology and AIG, Hyderabad in 2024, the first liver transplantation was performed in 2025. The news item is taken on record.

Another news item has been brought to the notice of this Court by the Advocate’s Committee, which is published in Odia daily “The Sakala” on 07.08.2025 relating to the liver transplantation specifically refuting the stand taken before this Court that no patient has suffered because of lack of liver transplant.

The following news item relating to the issue of liver transplant was brought to the notice of this Court. The above odia daily “The Samaj” reads thus:-

“SCB RE JAKRUTA PRATIROPANA, GARIBA NKU UPAHASA, BANCHIBARA ASHA TUTUCHI & PRASIKHYANA PAINATHIBA DACTAR NODAL OFFICER”.

The news item published in “The Sakala” dated 07.08.2025 under the heading “CHARI MASA APEKHYA KARI AKHI BUJITHILE BRAHMANANDA” highlighting the death of a patient awaiting liver transplantation.

The Commissioner-cum-Secretary Health Government of Odisha as well as Superintendent of SCBMCH shall file affidavits regarding the above news item. Such affidavits shall be filed by 12.08.2025 after serving copy thereof on the learned Amicus Curiae and Secretary of the High Court Bar Association.

Copies of the news items have been furnished to the learned counsel for the State in Court today.

Since, we ignored the affidavit filed by Dr. Jyotirmay Nayak, Associate Professor, Department of General Surgery -cum- Addl. Medical Superintendent, S.C.B.M.C.H., Cuttack over this issue, let the Superintendent, SCBMCH, Cuttack so also the Health Secretary file the affidavits by 12.08.2025 serving copy in advance to learned Amicus Curiae, the President/Secretary of the Orissa High Court Bar Association.

List this matter on 14.08.2025.

Functioning of Hematology Department in S.C.B.M.C.H., Cuttack : 

291-B. 07.08.2025

As per order dated 262 dated 11.07.2025, after taking into account the news item published in the New Indian Express dated 31^st May 2025 under the heading of STATE’S ONLY FREE BMT SERVICE AT SCB ON ‘DEATH BED’, we were apprised about the development by Ms. Aswathy S., I.A.S., Health Secretary, Govt. of Odisha, who stated, inter alia, that the Department has got consent of Dr. Prabodh Kumar Das, who has retired from AIIMS, for supervising haematology bone marrow transplant at S.C.B.M.C.H., Cuttack and that