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HIGH COURT OF UTTARAKHAND
UTTARAKHAND STATE LEGAL SERVICES AUTHORITY – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
| Table of Content |
|---|
| 1. current state of b.d. pandey hospital's infrastructure. (Para 2 , 3 , 4) |
| 2. proposal for new medical complex at t.b. sanatorium. (Para 5 , 6) |
| 3. state's financial commitment to healthcare improvement. (Para 7 , 8) |
| 4. concerns over b.d. pandey building conditions. (Para 9) |
| 5. directives for creating improved medical center. (Para 10 , 11 , 12) |
| 6. apex court's stance on medical facilities as fundamental right. (Para 13 , 14) |
| 7. next scheduling of the hearing. (Para 15) |
JUDGMENT :
G. Narendar C.J.
1. Director General, Medical Health and Family Welfare, Dr. Mrs. Sunita Tamta is present.
2. Certain statistics are placed before the Court with regard to the status of the hospital, i.e., B.D. Pandey District Hospital, Nainital stating that the total extent of land over which the B.D. Pandey Hospital is set up is 4.75 Acres, and that the total constructed area occupies about 04 Acres; that funds have been allocated for construction of a transit hostel and Type-IV residential buildings, a boundary wall and a medical store, and that the work on these facilities is about to begin, and that interviews are being conducted for recruitment of medical officers as well as specialists, and p
The provision of basic medical facilities is a fundamental right under Article 21, necessitating state responsibility to ensure accessible and adequate healthcare infrastructure.
The main legal point established is the deference to the policy decision of the State Government in selecting the location for the District Hospital, considering the public interest and compliance wi....
The decision of the State Government to construct a Sub-District Hospital on privately gifted land was upheld as compliant with statutory norms and in the public interest, emphasizing the significanc....
The court reaffirmed that the right to health is a fundamental right under the Constitution, obligating the state to provide adequate medical facilities, particularly for underprivileged citizens.
The court affirmed that compliance with procedural directives in public interest matters is essential for effective governance and development.
The judgment emphasized the discretion of the State and its agencies to use their powers in the public interest and for public good, ensuring equitable treatment and non-discriminatory methods in gra....
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