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2015 DIGILAW 3710 (ALL)

Murli Dhar Chaturvedi [P. I. L. ] v. State of U. P. Thru. Prin. Secy. Medical & Health

2015-11-27

D.Y.CHANDRACHUD, NARAYAN SHUKLA

body2015
JUDGMENT The petition has been filed as a public interest litigation. The relief which has been sought is a mandamus requiring the State and its agencies to take appropriate steps to expedite the commencing of operation of a hospital in Village Kushmaha, Darshan Nagar, Tehsil Sadar, District Faizabad. 2. The petition was entertained on 3 July 2015 and an affidavit was required from the Director General of Medical and Health. The affidavit of the Director General was not found to be satisfactory and, hence, by an order dated 1 September 2015, an Advocate Commissioner was appointed to visit the site of the hospital and to submit a report. A report has, accordingly, been submitted by the Court Commissioner. Thereafter, on 7 September 2015, the Chief Medical Officer, Faizabad has also filed an affidavit. The affidavit states that after the Government sanctioned an amount of Rs.33.678 crores on 28 March 2008, the budget was revised on 3 December 2010 to Rs.48.63 crores and on 30 March 2013 to Rs.54.04 crores. The U.P. Rajkiya Nirman Nigam was appointed as the constructing agency. The affidavit indicates that a 100 bedded hospital is presently functional while a 200 bedded hospital block is under construction. Paragraphs 11 to 14 of the affidavit filed by the Chief Medical Officer, Faizabad read as follows: "11. That after making available the staff, including doctors, para-medical staff and Class-IV employees, the hospital became functional and by 1st September, 2015, total 6232 patients have visited in OPD and in Emergency OPD total 85 patients have visited and 27 indoor admissions were made, in Pathology 79 patients were referred whose samples were obtained and surgery of 22 patients were conducted. The Chief Medical Officer, Faizabad by means of letter dated 01-09-2015 has informed about the same to the Director General, Medical and Health Service. 12. That it is pertinent to mention here that 100 bedded hospital is functional and remaining 200 bedded Block is under construction. At present, the construction is held up as the remaining 5% amount of Rs.270.24 lacs is to be released by the State Government. The necessary formalities for the same have already been completed by the constructing agency i.e. UP Rajkiya Nirman Nigam Ltd. Unit Faizabad. As soon as the same is made available, the remaining construction will be completed. 13. At present, the construction is held up as the remaining 5% amount of Rs.270.24 lacs is to be released by the State Government. The necessary formalities for the same have already been completed by the constructing agency i.e. UP Rajkiya Nirman Nigam Ltd. Unit Faizabad. As soon as the same is made available, the remaining construction will be completed. 13. That is relevant to mention that for filling the posts of Class-IV employees, which are to be filled through service provider, the process for selection and appointment is undergoing by the concerned service provider and it has been assured that the total number of the staff of Class-IV employees would be made available very soon. 14. That it is relevant to mention here that the Director General, Medical and Health Services by means of order dated 31-07-2015 has sanctioned the amount of Rs.51,50,000/- against which the Chief Medical Officer, Faizabad has already placed the orders to the concerned companies for providing the medicines at the contract rate so fixed at CMSD. However, the necessary medicines have already been made available from the CMSD Store, which are kept in the store of the hospital." 3. Having due regard to the disclosure which has been made in the counter affidavit filed on behalf of the Chief Medical Officer, we find that the public interest litigation has served its purpose of activating the State. We, therefore, see no reason or justification now for the Court to continue to monitor the public interest litigation. The task of monitoring can be assigned to an administrative body of the State. As stated in the affidavit filed by the Chief Medical Officer, Faizabad, the work of constructing a 200 bedded block is yet to be completed. The construction is stated to have been held up because the balance amount is to be released by the State Government. It has been stated that necessary formalities have been completed by the constructing agency and the work would be completed once the State Government completes the process of releasing the balance funds. This is hardly a valid explanation. The entire work ought not to be held up only because 5% of the total amount is still to be released. 4. We see no reason or justification for the delay in the completion of the project. This is hardly a valid explanation. The entire work ought not to be held up only because 5% of the total amount is still to be released. 4. We see no reason or justification for the delay in the completion of the project. Hence, we direct that the Chief Medical Officer, Faizabad and the Principal Secretary, Medical and Health shall, in consultation with the Director General of Medical and Health, take necessary steps for periodically monitoring the work and the progress of the construction of the 200 bedded block. The authorities shall hold monthly meetings for monitoring compliance and taking necessary steps to ensure that the work is duly completed within a targetted time schedule to be laid down. 5. Insofar as the existing block is concerned, the report of the Commissioner has indicated certain deficiencies. The report which has been submitted by the Advocate Commissioner requires consideration by the Chief Medical Officer, Faizabad, the Principal Secretary, Medical and Health and the Director General, Medical and Health during the course of the monthly monitoring meetings. The authorities shall take all appropriate steps for ensuring that the shortcomings which have been noticed in the report of the Advocate Commissioner are duly attended to with necessary dispatch. 6. The authorities above, shall also duly monitor the process of filling up the posts which have been sanctioned for the purpose of the hospital so as to duly achieve the purpose of providing an important medical facility for the residents of the area expeditiously. The aforesaid officers of the State shall take all appropriate steps for ensuring that the hospital is completely functional in accordance with the prescribed standards and requirements. The functioning of equipment, the availability of medicines of the requisite quality and the filling up of sanctioned posts shall be duly ensured. 7. The petition is, accordingly, disposed of. There shall be no order as to costs.