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Serial No.01

Regular List

HIGH COURT OF MEGHALAYA

AT SHILLONG

PIL No.3/2016 with

MC (PIL) No.3/2017

MC (PIL) No.6/2018

MC (PIL) No.7/2018

Date of Order: 06.02.2023

In Re suo motu cognizance of deficiencies Vs. Union of India & ors

in health services in the State of Meghalaya

S.P. Mahanta

Vs. Union of India & ors

Coram:

Hon’ble Mr. Justice Sanjib Banerjee, Chief Justice

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance:

For the Petitioner

: Mr. C.C.T. Sangma, Adv

For the Respondents

: Dr. N. Mozika, DSG with

Ms. A. Pradhan, Adv

Mr. S. Sahay, GA with

Mr. A.H. Kharwanlang, GA

Ms. S. Laloo, GA

Appearance in MC PIL) No.3/2017:

For the Applicant

: In person

For the Respondents

: Dr. N. Mozika, DSG with

Ms. A. Pradhan, Adv

Mr. S. Sahay, GA with

Mr. A.H. Kharwanlang, GA

Ms. S. Laloo, GA

JUDGMENT: (per the Hon’ble, the Chief Justice) (Oral)

This matter has been pending since 2016 and the orders passed

from time to time, particularly during the covid lockdown period, may

have resulted in a marginal improvement in the healthcare facilities in the

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State. However, there remains a yawning gap between what is needed

and what is available.

2.

There is no doubt that the executive functions within

constraints. There is only so much money available and so many heads to

spend on, including healthcare, education, infrastructure and the like. The

duty of the court in a public interest litigation of the present kind is to

bring the inadequacies to the notice of the executive and, sometimes,

suggest solutions that may appear reasonable or easy to achieve. At the

end of the day, however, it is for the executive to take a decision in the

matter upon obtaining expert opinion which may not always be available

to the Court. In course of the recent hearings, the State has bandied

figures indicating that infant mortality rate has reduced in the State as has

the rate of death at the time of child birth. The State also claims to have

added to the number of primary healthcare centers, enhanced the

facilities in government hospitals and recently introduced the only cancer

treatment facility at a small unit in the Civil Hospital in Shillong.

3.

There are only a few private hospitals and most of such

hospitals are in Shillong or in Tura and a few around Jowai. In the rural

areas, the immediate facility is the primary healthcare centre where

serious patients may be referred to nearby government hospitals in the

major towns. Apart from the government’s healthcare structure and the

fledgling private hospital network, Shillong boasts of a mini-AIIMS in

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the North Eastern Indira Gandhi Regional Institute of Health and Medical

Sciences, which is a super speciality hospital, although it still lacks in

cancer treatment facility.

4.

Pursuant to the observation in one of the previous orders passed

in November, 2022, the State has now entered into agreements with

private cancer treatment facilities outside the State where patients can be

referred to or who may assist in the treatment of cancer in government

hospitals, depending on the stage of the ailment and the state of the

patient.

5.

Counsel appearing for the State says that the Shillong Medical

College will come up in a few years and land for such purpose is

proposed to be earmarked in the New Shillong area. One of the appearing

parties suggests that the proposed Shillong Medical College be

constructed on the other side of town and may even be close to Umiam

since New Shillong already has the super speciality facility in

NEIGRIHMS. There is no doubt that the State government will consider

the matter whether two super speciality healthcare units in close

proximity may not be ideal since other areas in