Advocates:
['Binod Kumar', 'P N SAHI', '', 'Kishore Kumar Sinha']

Patna High Court CWJC No.14605 of 2013 (3) dt.09-09-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14605 of 2013

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1. Medicare Through Its Secretary Dr. Vishwa Ratan Son Of B.N.P. Kumar

Resident Of 56, Patliputra Colony, P.S. Patliputra, District - Patna

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Health And Family Welfare Department,

Government Of Bihar, Patna

3. The Executive Director, State Health Society, Bihar

4. Civil Surgeon - Cum - Cmo, Chapra ( Saran )

5. Secretary Department Of Education ( Mid - Day Meal ), Government Of

Bihar, Patna

6. Director, Mid - Day Meal, Government Of Bihar

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Binod Kumar

For the Respondent/s : Mr. P.N. Sahi

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CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA

and

HONOURABLE MR. JUSTICE VIKASH JAIN

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)

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09-09-2013

No one appears for the petitioner. Counsel for the State

and the Bihar Health Society are present.

The prayer in this Public Interest Litigation is to

upgrade the District Hospital according to Indian Public Health

Standards and to take administrative steps for strengthening

the medical services as well as adequate arrangement for life

saving drugs in case of poisoning etc., modernization of District

Hospital with modern medical equipments like Ventilator,

Insulin Pump, ICU etc. That the District Hospitals do not have

adequate medical services and due to lack of proper medical

facilities people are denied treatment facilities.

Patna High Court CWJC No.14605 of 2013 (3) dt.09-09-2013

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The directive principles of State Policy at Chapter IV f

the Constitution in Article 39 (e) provides that the State policy

must be directed towards securing health of workers and

children. Article 39 (f) requires the State to provide children

opportunities and facilities to develop in a healthy manner.

Article 42 provides for maternity relief. Article 47 provides for to

raising the level of nutrition and the standard of living and to

improve public health as one of the primary duties.

The Directives of Principles of State health policy are

now required to be enforced as a Constitutional obligation. We

direct the State to discharge its Constitutional obligations by

ensuring that necessary health facilities as per criteria laid

down for District Health Hospitals are adhered to and made

available to citizens. Paucity of funds and staff can never be a

defence as far as fulfillment of Constitutional obligations are

concerned.

The Public Interest Litigation stands disposed.

Chandran

(Navin Sinha, J)

(Vikash Jain, J)