Order on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Prashant Dansena, along with Mr. Adarsh Patel, learned counsel for the petitioner. Also hear Mr. Praveen Das, learned Additional Advocate General, appearing for the Respondent/State, Mr.Trivikram Nayak, learned counsel appearing for the Respondent No. 3.

2. By way of this writ petition (PIL), the petitioner has prayed for following reliefs:-

“10.1 Issue an appropriate writ, order or direction to respondent authority for constituting an independent Commission investigate the entire procurement process of the 57 MMUs under PM- JANMAN (tenders, technical evaluation, approvals, delivery acceptance, payments, and deployment).

10.2 Direct the said Commission / Committee to fix individual accountability, identify lapses, collusion, negligence, or willful dereliction of duty, and to recommend departmental, civil, and criminal action against erring officials and private entities, in accordance with law.

10.3 Issue appropriate directions to immediately inspect all 57 MMUs through an independent technical agency accredited institution, to assess structural safety, medical fitness, and operational readiness in terms of the tender conditions and NHM guidelines.

10.4 Direct initiation of proceedings under applicable anti-corruption, penal, and financial accountability laws, including but not limited to the Prevention of Corruption Act, if the inquiry discloses criminal misconduct, wrongful loss to the State, or wrongful gain to private parties.

10.5 Award costs of the petition in favour of the Petitioner and pass such other or further orders as this Hon'ble Court may deem fit and proper in the interest of justice, public health, and accountability.

10.6 Any other order or direction this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and public health.”

3. The present Public Interest Litigation has been filed in the larger public interest to address serious irregularities in the implementation of the Prime Minister's Janjati Adivasi Nyaya Maha Abhiyan (PM- JANMAN), a national initiative aimed at ensuring healthcare access and social justice for tribal and Particularly Vulnerable Tribal Groups (PVTGs). Pursuant to this scheme, the Government of Chhattisgarh introduced 57 Mobile Medical Units (MMUs) intended to function as mobile Primary Health Centres to serve remote tribal regions lacking permanent medical infrastructure. For this purpose, Chhattisgarh Medical Services Corporation Limited issued a tender on 04.04.2025 for procurement and operation of these MMUs at an estimated public cost of approximately Rs. 108 crores. The contract was awarded to Dhanush Healthcare Systems Private Limited, which subsequently supplied 57 vehicles purported to meet the prescribed technical specifications.

4. However, the vehicles supplied were structurally and technically non-compliant with the mandatory tender requirements, including insufficient Gross Vehicle Weight (5800 kg instead of the required 6000 kg), inadequate internal height (1880 mm instead of the required 6.5 feet), and severely restricted usable internal space. These deficiencies render the vehicles incapable of functioning as full-fledged Mobile Medical Units equipped to deliver primary healthcare services in remote areas. Additionally, essential medical fittings and infrastructure such as wash basins, water tanks, power backup systems, oxygen cylinders, and other safety equipment are reportedly absent or substandard, defeating the very objective of the scheme.

5. As a consequence of these deficiencies, 35 out of the 57 MMUs remain parked and non-operational, despite substantial public funds having already been disbursed, causing an estimated financial loss exceeding Rs. 25.7 crores to the public exchequer. The failure to deploy functional MMUs has resulted in denial of basic healthcare services to tribal and PVTG communities, thereby infringin