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2025 Supreme(Online)(Chh) 10330

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Bibhu Datta Guru, J, Ramesh Sinha, CJ
IN THE MATTER OF SUO MOTO PUBLIC INTEREST LITIGATION – Appellant
Versus
THE STATE OF CHHATTISGARH – Respondent
WPPIL No. 27 of 2024



Important Points

The state is obligated to provide adequate medical facilities, addressing staffing and operational challenges to ensure public health needs are met.

Subject

Administrative Law - Public Interest Litigation

Headnote

(A) Health and Family Welfare - Affidavits regarding healthcare facilities filed by Secretary, Government of Chhattisgarh, highlighting inadequacies in hospitals, including doctor vacancies and operational challenges. (Para 10)

(B) Public Interest Litigation - The court emphasizes the need for responsive action by the state to improve healthcare access amid growing patient numbers and operational shortcomings. (Para 34)

(C) Court’s Direction - Secretary directed to ensure improved facilities and submit a detailed affidavit on remedial steps before the next hearing. (Para 37)

Facts of the case:
The case involves public interest litigation regarding healthcare inadequacies in Bilha's Community Health Centre, which reportedly faced staff shortages and service delays.

Findings of Court:
The court asserts that while efforts have been made, they are insufficient, urging the state to enhance medical facilities and address equipment shortages.

Issues: The court investigated the adequacy of healthcare services in state hospitals and the management of patient care amidst reported deficiencies.

Ratio Decidendi: The court underscored the state's obligation to provide adequate medical facilities, advocating for comprehensive measures in response to public needs.

Result: The state was ordered to take appropriate action to enhance healthcare services.

Advocates:
For the Appellants/Petitioners:
For the Respondents: Y.S. Thakur, Raghvendra Pradhan

-

12/08/2025

Gowri/ Amardeep

This is an office reference. Heard Ms. Surya Kawalkar Dangi and Mr. Palash Tiwari, learned Court Commissioner. Mr. Y.S. Thakur, learned Additional A.G. for the State/respondent and Mr. Raghvendra Pradhan, learned counsel for the respondent No.8.

In compliance of the order dated 05/08/2025, the Secretary, Department of Health and Family Welfare, Government of Chhattisgarh has filed two affidavits on 11/08/2025 with respect to CHC, Belha, District Bilaspur and Dr. Bhimrao Ambedkar Memorial Hospital, Raipur, which are reproduced as under:-

CHC, Belha, District Bilaspur :

“1. That, the Hon'ble Court has taken cognizance on the news published in Haribhoomi on 05.08.2025 with a heading Community Health Center of Bilha Block, District Bilaspur. The said news states that there are total 15 doctors but on Monday i.e. 04.08.2025, till 11.15 a.m., there was no Doctor available and despite there being sufficient staff, the patients are not getting services of the Doctors. The patients are made to stand in queue since 9 a.m. but the Doctors are do not reach the CHM till 11 a.m. no gayenic, orthopedic, dental or paediatric Doctor was available and when two doctors reached the hospital by 11.00 a.m., till that time, more than 250 patients had assembled. X-ray machine is available for the last one year but is lying unused covered with a sheet.

2. That, the Hon'ble Court vide order dated 05.08.2025 directed the Secretary, Government of Chhattisgarh, Department of Health & Family Welfare to file his personal affidavit with respect to the news reports.

3. It is respectfully submitted that in Block Bilha there is 50 bedded Community Health Centre along with Maternal Child Hospital. In Community Health Centre along with Maternal Child Hospital there is total of 9 sanctioned post of Specialist Doctors, from which presently 3 Specialist Doctors are working, however 06 posts are vacant. 03 Post Graduate Medical Officer Class-II are sanctioned and are presently vacant. 01 Medical Officer from National Health Mission and 01 Dentist from National Health Mission currently working. In addition to this 6 posts of Medical Officers is sanctioned thus, the total number of Medical staff is 20. The Community Health Centre Bilha is equipped with X-ray Machine, Sonography Machine and also with Hamar Lab which is a Pathology Laboratory.

4. That, in the month of July 2025, the total number of Indoor Patients (OPD) was 3644. Anti Natal Care (ANC) registration was 630. There were total of 84 new born deliveries in the month of July, 2025 and the total number of New Born Stabilization Unit admission was 15.

5. It has been shown in the newspaper item dated 05 August, 2025 that the X-ray machine is not functional for last one year which is absolutely fake news. It is respectfully submitted that for the month of July, 2025 alone total number of X-ray conducted was 426. The chart showing number of X-ray conducted in Community Health Centre, Bilha for the month of March, April, May, June & July, 2025 is filed herewith as ANNEXURE D/1. Further a photograph of the X-ray machine in operation is filed herewith as ANNEXURE D/2.

6. It is respectfully submitted that the average OPD per day is roughly 250 and the Community Health Centre Bilha is well equipped to handle the patients in a well maintained room. A photographs showing the registration room of the Community Health Centre Bilha is filed herewith as ANNEXURE D/3.

7. It is respectfully submitted that Hamar Lab Unit is fully operational in the Community Health Centre, Bilha. Presently the Hamar Lab Unit is conducting test on 32 parameters, on routine basis, out of 50 parameters. However, due to some issues relating to supply of Reagent the Pathology test for some parameters is halted. In some cases alternative arrangements for purchase of Reagent has been done locally so that all necessary pathology test are conducted on routine basis. A photograph showing the Hamar Lab is filed herewith as ANNEXURE D/4. I

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