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Himachal Pradesh High Court · body

2018 DIGILAW 1284 (HP)

Court On Its Own Motion v. State Of H P

2018-07-12

SANDEEP SHARMA, SANJAY KAROL

body2018
JUDGMENT Sandeep Sharma, J. - The news items captioned as "30 lakh ki Machine faank rahin dhool'' & "Dhool chat rahin lakhon ki machinery", published in two daily Hindi News Papers, wherein it is/was reported that costly machines, provided in the State''s premium Government Dental College and Hospital at Shimla, are being not put to use for quiet considerable time, as a consequence of which, Post Graduate Students of the College are not only facing hardship rather are not acquiring required experience, prompted this Court to take suo motu cognizance of the matter and accordingly present Public Interest Litigation came to be registered. 2. It is reported in the aforesaid news items that since Digital OPG and Cephalometric Radiography Machine are out of order for the last one year, a lot of inconvenience is caused to the students studying in the college and the patients who are otherwise compelled to go to the private clinic to have the X-ray done. As per news items, Digital Intraoral Radiography Machine (IPOA), Ceramic Lab (fully equipped) and Chrome Cobalt lab (fully equipped) are out of order for the last three years. Apart from above, other machines; namely; Implant Equipment, Lab Equipment for histopathological and cytological investigations are also out of order and no steps, whatsoever, are being taken by the authorities concerned to get these machines repaired and then put them to operation. As per news items, Ceramic Lab was set up in the Himachal Pradesh Government Dental College in the Prosthodontic Department at the cost of Rs. 30 lacs, but that has virtually not performed since its installation. Similarly, Ceramic Lab Equipments have been written off for unknown reasons, thereby leading to Porcelain Crown and Bridge work being given to private labs for the last 15 years. 3. Pursuant to notices issued in the case at hand, Shri R.P. Luthra, Principal, Government Dental College and Hospital, Shimla came present in the Court and explained that most of contents of news items are not factually correct and news items appear to be planted. This Court did not accept aforesaid explanation rendered by the Principal, Government Dental College and Hospital, Shimla, and directed him to file his personal affidavit responding therein to the contents of the news items. 4. This Court did not accept aforesaid explanation rendered by the Principal, Government Dental College and Hospital, Shimla, and directed him to file his personal affidavit responding therein to the contents of the news items. 4. Today, during the proceedings of the case, learned Advocate General has filed detailed reply on the affidavit of Dr.R.P. Luthra, Principal, Government Dental College and Hospital, Shimla, perusal whereof suggests that Digital OPG and Cephalometric Radiography Machine is out of order for the last one year and efforts are being made to get it repaired, however, being old model, coupled with the fact that it has outlived its life, it could not be repaired and the matter with regard to procurement of new machine has already been taken up with the State Government. The State Government vide communication dated 26.08.2018 (Annexure R-5/A) has already conveyed the approval to procure the Intra Oral X-ray Unit, Radio Visio Graphy and Digital OPG Ceph Unit with Printers. After receipt of aforesaid approval, steps are being taken to purchase the aforesaid equipments. As far as Ceramic Lab, being fully equipped is concerned, it has been submitted in the affidavit that at present the lab is having Porcelin Furnace with vacuum pump (manual) and Porcelin Furnace (Gemini-2), which are functional. Both these machines are functional and in working conditions. So far as Chrome Cobalt Lab is concerned, at present out of twelve equipments required for functioning the lab, nine are in working condition and are being used for teaching and training of the students. Only three i.e. (i) Globucast Induction Casting Machine, (ii) Dentatherm Pre Heating Furnace and (iii) Electropolishing Unit have been condemned on account of wear and tear and they have lived their life. It has further been submitted that Department of Prosthodontic is having other equipments, which are functional and further being used for making complete dentures, partial dentures and other procedures. It also emerge from the affidavit that the process has been initiated for procurement of implant equipment and the same shall be made available in other four to five months. Earlier the tenders were flouted twice to procure the Lab equipment for Histopathological and Cytological investigations, but the same could not be finalized due to lack of competition and as such fresh steps are being taken to procure such equipments. Earlier the tenders were flouted twice to procure the Lab equipment for Histopathological and Cytological investigations, but the same could not be finalized due to lack of competition and as such fresh steps are being taken to procure such equipments. Deponent has specifically denied that the Ceramic-cumCasting Lab is not functional and the allegations to the contrary are ill founded. Students of BDS and MDS are being taught and trained in such lab, whereas for the patient work, department is not having the trained ceramist and two trained Chrome Cobalt Technicians are required for smooth functioning of the lab. Deponent has specifically denied the allegations that the Porcelin Crown and Bridge Work is being given to the private labs for some extraneous considerations. 5. Having carefully perused the averments contained in the aforesaid reply filed by the Principal, Government Dental College and Hospital, Shimla, we find that there are certain deficiencies, but it cannot be said that machineries provided to the hospital concerned have not been put to use. True, it is, that certain machines have outlived their lives and new equipments are required to be purchased so that students as well as patients do not suffer. Affidavit further reveals that Heads of the Departments and Consultants of the Institution had already mooted a proposal to purchase the CBCT and RVG to the Government in the year 2015, but for one reason or the other those have not been purchased till date. 6. Government Dental College and Hospital, Shimla, being a premium Institution of State, is expected to be fully equipped with labs, machines and the latest technology, but it appears that no facilities, as required in the State Level Hospital, are being provided, as a consequence of which, students studying in the College and the patients are suffering. Despite there being such a prime Dental Hospital, patients are being made to spend huge money for their dental treatment because due to lack of infrastructure in the State Dental Hospital, they are compelled to go to private hospitals/clinics. 7. Having perused affidavit of Principal, Government Dental College and Hospital, Shimla, though we are convinced that steps are being taken to replace old and out dated machines, but, not impressed/satisfied with the progress made in last few years towards the upliftment of State''s Premium Dental College and Hospital at Shimla. 7. Having perused affidavit of Principal, Government Dental College and Hospital, Shimla, though we are convinced that steps are being taken to replace old and out dated machines, but, not impressed/satisfied with the progress made in last few years towards the upliftment of State''s Premium Dental College and Hospital at Shimla. We appreciate that Principal, being the Head of the Institution, can only moot a proposal for procuring new machines or other equipments but ultimately decision in this regard is to be taken at the level of State Government, we cannot lost sight of the fact that the students, who would be becoming doctors tomorrow are being trained and imparted education in this Institution and as such College/Hospital should be fully equipped with the labs, machines and latest technology. Needless to say speedy progress has been made in medicines/dental sciences and as such State''s Premium Dental College and Hospital, Shimla is expected to have all necessary infrastructure required for imparting latest education and training to doctors besides serving general people. 8. Consequently, in view of affidavit filed by the Principal, Government Dental College and Hospital, Shimla, we do not see any reason to keep the present petition alive, however, before parting, we wish to direct Secretary(Health) to the Government of Himachal Pradesh to visit Government Dental College and Hospital, Shimla forthwith and ensure that all necessary facilities are made available to the Hospital at the earliest. Secretary concerned, during his visit to Hospital, shall convene meeting with Principal and all the Heads of Departments to have feedback with regard to deficiency in the hospital and thereafter shall take up the matter with the highest level so that necessary funds are provided without any delay. All necessary actions, as referred hereinabove, shall be taken by the Secretary(Health) to the Government of Himachal Pradesh within a period of ten days from the date of receipt of this order and thereafter necessary affidavit of compliance shall be filed in this Court within one week. 9. We also wish to place on record appreciation qua the efforts put in by Mr.Aman Parth Sharma, Advocate, Amicus Curiae, who, on the instructions of this Court, regularly provided the feed back. 10. Copy of instant order shall be made available to the Secretary(Health) to the Government of Himachal Pradesh, and Amicus Curiae.