Case Law
Subject : Constitutional Law - Public Interest Litigation
Description :
CUTTACK – The Orissa High Court has taken strong exception to the "shocking" state of public healthcare facilities in Cuttack, particularly at the SCB Medical College and Hospital (SCBMCH), directing top state health officials to submit detailed affidavits explaining a series of grave deficiencies, including a defunct liver transplant unit and a near-collapsed bone marrow transplant service.
In a sweeping order based on a suo motu public interest litigation (PIL), a division bench of Justice S.K. Sahoo and Justice V. Narasingh highlighted a grim contrast where a senior government official was sanctioned ₹28.5 lakhs for a liver transplant in Chennai while the state’s own facility at SCBMCH remains non-functional, leaving poor patients with no recourse.
The court, acting on a slew of media reports and a damning report by an Advocates' Committee, expressed its "disapproval" over the repeated failure of officials, including the Health Secretary and the SCBMCH Superintendent, to file compliance reports as directed.
The court took judicial notice of news reports stating the liver transplant unit at SCBMCH, established in 2012, is now closed after performing only two transplants. The bench highlighted the tragic case of a patient, Brahmananda, who allegedly died while awaiting a transplant.
An Advocates’ Committee report on the Haematology Department painted an even bleaker picture of the Bone Marrow Transplant (BMT) unit:
- Overcrowding: Around 100 patients, including those receiving chemotherapy, were found lying on the verandah due to a lack of beds.
- No Trained Doctors: The BMT unit has been unable to perform transplants since the extension of the only trained doctor was discontinued. The committee noted that "the existing doctors... are not trained, they are not able to conduct BMT on the patients."
- Equipment and Infrastructure Failure: Both elevators to the BMT unit were non-functional, and basic equipment like an in-house ABG machine was missing.
The court directed the Health Secretary and SCBMCH Superintendent to file affidavits addressing these reports and the committee’s findings by August 12, 2025.
The High Court's order meticulously catalogued a wide array of problems plaguing Cuttack's premier hospitals, based on media reports and on-ground inspections:
The bench expressed its strong disapproval over the repeated failure of the SCBMCH Superintendent to file affidavits on these critical issues, stating, "Before parting for the day, this Court places on record its disapproval regarding non-filing of the affidavit by the Superintendent."
Beyond the hospitals, the court is also monitoring several civic projects in Cuttack, issuing strict deadlines for compliance:
The court has scheduled the next hearing for August 14, 2025, expecting the concerned officials to file their affidavits and provide concrete action plans to rectify the glaring deficiencies in the city's public health infrastructure.
#OrissaHighCourt #PublicHealth #HealthcareCrisis
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