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2025 Supreme(Ori) 181

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. SAHOO, V. NARASINGH, JJ.
 
Registrar (Judicial), Orissa High Court, Cuttack – Petitioner
Versus
Registrar (Judicial), Orissa High Court, Cuttack – Petitioner
SUO MOTU W.P.(C) PIL No.2140 of 2020
Decided On : 18-07-2025

Advocates Appeared:
For the Petitioner: Er. N.K. Mohanty, Amicus Curiae, Mr. Bijay Kumar Dash, Amicus Curiae
For the Opp. Parties :Mr. Manoj Kumar Mishra, Senior Advocate President, OHCBA, Mr. Avijit Pattnaik, Advocate Secretary, OHCBA, Mr. Debasis Nayak-A Addl. Govt. Advocate & Advocate for C.M.C., Mr. Partha Sarathi Nayak, Addl. Govt. Advocate.

The court emphasized the right to health, directing authorities to ensure the availability of medical services and improve infrastructure for patient convenience and safety.

Headnote:(A) Constitution of India - Right to Health - Public Interest Litigation - Concerns regarding liver transplantation services and public health facilities highlighted through news reports. Issues around operational management and patient convenience were addressed by the court, ensuring transparency and accountability from health authorities. (Paras 1-10)

(B) Public Health Services - Assurance from medical officials regarding continued liver transplantation and improvements in the OPD ticket registration system following concerns raised. (Paras 11-15)

(C) Infrastructure Issues - Complaints regarding absence of patient facilities and safety concerns in newly built public health infrastructure. Measures for rectifying identified deficiencies were mandated by the court. (Paras 16-20)

Findings of Court:
The court recognized urgent public health issues, directing authorities to take necessary actions to improve health services and infrastructure. Results: Multiple directions issued to health authorities and infrastructure departments to address various civic issues. (Paras 21-30)

ORDER :

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

LIVER TRANSPLANTATION ISSUE IN S.C.B. MEDICAL COLLEGE AND HOSPITAL

Order No. 266. 18.07.2025

A news item has been published in Odia daily “The Samaj” on 10.07.2025 that liver 18.07.2025 transplantation cannot be held further in SCBMCH, Cuttack. The said news item is taken on record.

Learned counsel for the State has produced the written instruction dated 18.07.2025 of the Medical Superintendent, SCBMCH, Cuttack. The same is taken on record.

On the basis of such instruction, Mr. Debasis Nayak, learned counsel for the C.M.C. as well as Prof. Dr. Goutam Satapathy, the Superintendent, I/c, SCBMCH, who is present online stated that no patient in need of liver transplantation, who had a matching donor fulfilling the legal and other criteria was denied transplantation on account of expiry of the arrangement of transplantation with AIG Hospitals, Hyderabad with whom there was an MoU which had expired on 01.04.2025. It is also stated that the modalities to work out the new proposed MoU with MGM, Chennai is being pursued in right earnest and the developments will be apprised to this Court.

Considering the urgency of the matter, list this matter on 31.07.2025.

OPD Ticket Registration

A news item has been published in Odia daily “The Sambad” on 17.07.2025 under the caption of “MADHYARATRIRE BANDA RAHUCHI SCB ONLINE TICKET PANJIKARANA: SAMASYARE ROGI SAMPARKIYA”.

The learned counsel for the State has submitted written instruction received from the Medical Superintendent, SCBMCH that so far as the issue regarding online registration of the OPD tickets is concerned, the online OPD registration is being done from 12.00 a.m. in the night to 3.00 p.m. in the day time. However, keeping in view the inconvenience faced by the patients, the matter has been brought to the notice of the Director of Health Services, Odisha and the system to enable 24x7 OPD tickets registration is being worked out in consultation with Odisha Computer Application Centre (OCAC).

List this matter on 07.08.2025, on which date further development made in the meantime shall be placed for consideration of the Court.

ABSENCE OF SHED FOR THE PATIENTS AND THEIR RELATIONS IN PATHOLOGY DEPARTMENT

A news item has been published in the odia daily “The Samaj” on 13.07.2025 under the heading of “SCB NIDAN KENDRA RE ABYABASTHA - MUNDA UPARE NAIHIN CHATA, ODA HEUCHANTI ROGI”.

It is stated in the said report that in the pathology Department of SCBMCH, Cuttack, there used to be long queue in front of Pathology Department to give samples of blood for testing and to collect the reports but there is no shed for which the patients and the relatives are suffering a lot being exposed to sun and rain.

The Superintendent, SCBMCH, Cuttack who is present online, has assured that suitable arrangements shall be made to ensure that the patient and their attendants, who are utilizing the services, are not exposed to the vagaries of the nature.

The Superintending Engineer, Md. Shahbaz, R & B, Cuttack, who is also present through virtual mode, has assured this Court that steps in this regard shall be taken.

List this matter on 07.08.2025.

The Medical Superintendent, SCBMCH, Cuttack and the Superintending Engineer, R & B, Cuttack shall apprise this Court about the development made in this regard.

SARDAR VALLABHBHAI PATEL POST GRADUATE INSTITUTE OF PAEDIATRICS - SISHU BHAWAN

267. 18.07.2025

(i) News item was published on 17.07.2025 in the vernacular daily “The Sambad” under the heading of “SISHU BHAWAN KOTHARE DURNITI GANDHA - HATA MARILE KHASI PADUCHI TILE” wherein it is stated that within a span of three months of inauguration of Sishu Bhawan (7-floor), the tiles installed in the wall have fallen which poses a threat to the life of infants as well as attendants. It is further stated that the authority of Sishu Bhawan has already made correspondence with the R & B Division, Cuttack for replacing the tiles and R & B, Division has st

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