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2020 Supreme(P&H) 1455
IN THE HIGH COURT OF PUNJAB AND HARYANA
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Shivam Sharma - Appellant
Versus
Union Of India And Others - Respondent
CWP PIL No. 6 of 2020 (O&M)
Decided On : 29-01-2020
Mr. Abhinay Sharma and Ms. Nevadita Sharma, Advocates, for the Appellant; Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Ashish Rawal, Advocate, for Union of India, Mr. I. P. S. Doabia, Additional Advocate General, Punjab and Mr. Sahil Sharma, Deputy Advocate General, Punjab. Mr. Amit Jhanji, Advocate, for the Respondent
The fundamental right to health under Article 21 of the Constitution of India influenced the court's decision to direct the filling of vacancies in hospitals and the upgrading of the District Hospital, Hoshiarpur as a Medical College.
Headnote:
Right to Health - Vacancies in Hospitals - Upgrading District Hospital as Medical College - The court directed the filling of vacancies in hospitals and the upgrading of a district hospital to a medical college, emphasizing the fundamental right to health under Article 21 of the Constitution of India.
Fact of the Case:
The court directed the filling of vacancies in hospitals and the upgrading of a district hospital to a medical college, emphasizing the fundamental right to health under Article 21 of the Constitution of India.
Finding of the Court:
The court found that the vacancies in hospitals needed to be filled to preserve and conserve human life, and directed the upgrading of the District Hospital, Hoshiarpur as a Medical College within three months.
Issues: Vacancies in hospitals, upgrading of District Hospital to a Medical College
Ratio Decidendi: The fundamental right to health under Article 21 of the Constitution of India influenced the court's decision to direct the filling of vacancies in hospitals and the upgrading of the District Hospital, Hoshiarpur as a Medical College.
Final Decision: The court directed the filling of vacancies in hospitals and the upgrading of the District Hospital, Hoshiarpur as a Medical College within specified timeframes.
JUDGMENT
ORDER
Rajiv Sharma, J. - In the morning session, we had requested learned Additional Advocate General, Punjab, for the presence of the Secretary Health, Punjab.
2. Mr. Kumar Rahul, Secretary Health, Government of Punjab, and Dr. Avneet Kaur, Director, Health & Family Welfare, Punjab are present in Court. We have a long interaction with them.
3. Mr. Kumar Rahul has shown his concern for the vacancies which are lying vacant in the various hospitals in District Hoshiarpur. Right to Health is a Fundamental Right under Article 21 of the Constitution of India.
4. We have gone through the document dated 27.1.2020 placed on record by learned Additional Advocate General. Number of vacancies are lying vacant in specialised categories. He has assured us that the vacancies which are lying vacant in District Hoshiarpur would be filled up within a period of two months from today by completing all the codal formalities. We place on record our sincere and deep appreciation for the concern reflected by Mr. Kumar Rahul in preserving, conserving and saving human life.
5. In the morning session, we had also requested Mr. Amit Jhanji, Advocate, to seek instructions about the vacancies lying vacant in B.B.M.B. Hospital at Talwara. He on the basis of instructions imparted to him submits that all the vacancies may be permitted to be filled initially on contractual basis as per the policy framed by the B.B.M.B. We also appreciate the sincere efforts made by the B.B.M.B. for this very sensitive issue. We direct the B.B.M.B. to fill up all the vacant posts of various specialised categories in B.B.M.B. Hospital at Talwara on contractual basis within three weeks from today. B.B.M.B. is directed to advertise the posts on their official website.
6. Learned counsel for the petitioner has also made a prayer that there is no medical college in District Hoshiarpur.
7. Mr. Kumar Rahul has brought to the notice of the Court that the State of Punjab has recently taken up the matter with the Union of India for upgrading District Hospital, Hoshiarpur as medical college.
8. We accordingly direct the Union of India to take a final decision to upgrade the District Hospital, Hoshiarpur as a Medical College within three months from today. We hope and trust that the medical college will start functioning from the next academic session after getting all the necessary statutory permissions and by improving the infrastructure.
9. We also appreciate learned counsel for the petitioner for bringing this petition of public importance.
10. With the observations and directions issued hereinabove, the writ petition stands disposed of.
