Per Virender Singh, J.;— WPPIL No. 13/2012 &WPPIL No. 10/2012 1. Since both the petitions espouse the common cause, same are taken together for their disposal. 2. The petitioner in WPPIL No. 13/2012 is a President of 'Smile Youth Club of J&K'. He espouses the cause which is in the interest of Public at large as he seeks issuance of a Writ of Mandamus, commanding the respondents to establish and run atleast two Eye Banks, one for each province of the State preferably at Jammu and Srinagar, so as to provide health and medical care to the blind population of the State being one of the facet of the right to life as stipulated in Article 21 of the Constitution of India. 3. In WPPIL No. 10/2012, Mr. Rinku Sharma appearing in person also espouses the same cause. 4. The grievance projected herein is that the huge population of J&K State, in the absence of any Eye Bank, has to go outside the State for transplantation of Cornea or Sclera of the eye at huge expenses and time. It is then asserted that there are cases of persons who suffer eye injury in the road traffic accidents on the roads of J&K State and get permanently blind because of the severity of the injury and by the time they reach Eye Bank and Transplantation Center outside the State of J&K, it is too late for them to have the required treatment. 5. The petitioners assert that, but for J&K State, almost in every State, there is one Eye Bank as in year 1945, the first Eye Bank was founded in India at RIO Madras, but the State of J&K is lagging far behind in this respect. 6. In terms of order dated 29-08-2012 passed in WPPIL No. 13/2012, Mrs. Goswami, learned Dy. AG, had placed on record the communication sent by the Additional Secretary to Government, Health and Medical Education Department, dated 28.08.2012 indicating that for establishing Eye Banks and its associated services at Jammu and Srinagar respectively, an amount of Rs. 5.00 Crores approximately would be required. 7. In the said communication, there was no provision in the current year's plan to establish Eye Banks at both the aforesaid places and the matter was to be taken up with the Planning and Development Department for releasing of additional funds to meet the requirements.
5.00 Crores approximately would be required. 7. In the said communication, there was no provision in the current year's plan to establish Eye Banks at both the aforesaid places and the matter was to be taken up with the Planning and Development Department for releasing of additional funds to meet the requirements. Accordingly, Secretary to Government, Health and Medical Education Department was directed to furnish the details of the road map which is necessary for establishing an Eye Bank at Jammu and another at Srinagar, making it clear that how much time would be required to establish these Eye Banks and what steps are required to be taken. 8. Pursuant to the order of the Court dated 29-08-2012, a detailed response by way of an affidavit of Additional Secretary, Health and Medical Education Department, J&K has been filed, in which, while giving the detailed estimate for one Eye Bank which includes building, equipment, furniture, communication, ambulance, library etc, a sum of Rs. 2.5 crores approximately is required. This means that for establishing two Eye Banks, an amount of Rs. 5.00 crores approximately would be sufficient. However, this money is to be released by the Planning and Development Department by way of additional funds for setting up these two Eye Banks. 9. Additional Secretary, Health and Medical Education Department has covered other aspects also which includes the time period of two years, procurement of machinery and equipment, training of man power, awareness/donation campaigning. It is also stated in the affidavit that proposals to create Eye Banks at Jammu and Srinagar, in fact, are short term measures and that the Government has proposed to establish a Regional Institute of Ophthalmology as a long term measure which would include facility of Eye Banking also. 10. No doubt the affidavit filed by the Additional Secretary, Health and Medical Education Department is strictly in terms of the order dated 29-08-2012 as it provides complete road map which is necessary for establishing two Eye Banks, but what appears to the Court is that the Health and Medical Education Department is running short of funds to meet the requirements, therefore, the matter is taken up with Planning and Development Department for releasing additional funds.
In the said back drop and being conscious of the problems being faced by the patients of J&K State in the absence of any Eye Bank, both the petitions on hand invite immediate concern of the Court, as such it becomes imperative to issue direction to the Planning and Development to release additional funds to Health and Medical Education Department. 11. Both the petitions on hand are thus disposed of with a direction to the Commissioner/Secretary to Planning and Development Department, J&K, Government (at present Srinagar) to release the required funds to Health and Medical Education Department at the earliest, enabling it to complete the project for establishing two Eye Banks, one at Jammu and other at Srinagar following the road map prepared in this regard, but within the shortest possible time as the matter has already been delayed unjustifiably. 12. CMA, if any, also stands disposed of.