ORDER : 1. Leave granted. 2. The issue that arose for consideration of the High Court in a Writ Petition purportedly filed in public interest by respondent No.1, was whether requisite medical facilities are being provided to the people living in and around Bhowali town, which is near Nainital. 3. The impugned judgment of the High Court reveals that an Expert Committee was constituted. Based upon the recommendations of that Committee for setting up a multi-speciality hospital at Bhowali, the High Court has issued the following directions: "A. The State Govt. is directed to start Multi-Speciality Hospital at Bhowali T.B. Sanatorium within a period of six months from today, as per the norms of Medical Council of India and Indian Public Health Standards issued from time to time, as per decision dated 13.06.2017. B. The State Govt. is directed to construct the new buildings for Multi-Speciality Hospital as per the norms of Indian Public Health Standards by initiating the tender process after completing all the codal formalities i.e. DPR, building plans etc., within a period three months from today. C. The State Govt. is also directed to release sufficient funds for the treatment of patients admitted in T.B. Sanatorium, Bhowali, within a period of seven days' from today. D. The State Govt. is also directed to undertake minor repairs of buildings at Bhowali T.B. Sanatorium on urgent basis and to make it functional for establishment of Multi-Speciality Hospital within a period of two weeks from today. E. The State Govt. is also directed to setup/establish Cardiac Care Unit and Geriatric Ward at B.D. Pandey District Hospital, within a period of three months from today. Cardiologist and Gynecologist be appointed within two weeks from today. F. All the vacant posts of doctors, paramedical staff and ministerial staff in B.D. Pandey (Male) District Hospital, B.D. Pandey (Female) District Hospital and G.B. Pant Hospital be filled up within a period of three months from today, if necessary by holding walk-ininterview on urgent basis. G. The State Govt. is also directed to make provision for Central heating in all the three hospitals i.e. B.D. Pandey (Male) District Hospital, B.D. Pandey (Female) District Hospital and G.B. Pant Hospital, Nainital before the onset of winter season. H. The State Govt. is further directed to install generators in every district hospital to provide uninterrupted power supply. I. The State Govt.
is also directed to make provision for Central heating in all the three hospitals i.e. B.D. Pandey (Male) District Hospital, B.D. Pandey (Female) District Hospital and G.B. Pant Hospital, Nainital before the onset of winter season. H. The State Govt. is further directed to install generators in every district hospital to provide uninterrupted power supply. I. The State Govt. is also directed to ensure that all the doctors posted at a particular place/station remain available around the clock, failing which, disciplinary proceedings be initiated against them. J. The State Govt. is directed to appoint doctors, nurses, para-medical staff, administrators etc. and to provide equipment as per Indian Public Health Standards within a period of six months from today at the secondary level/tertiary level hospitals. K. The State Govt. is also directed to appoint doctors, nurses, para-medical staff, administrators etc. in all the sub-district/sub-divisional hospitals, Special Centres, Primary Health Centres (PHCs'), Community Health Centres as per the norms of Indian Public Health Standards and Medical Council of India, within a period of six months from today. L. The State Govt. is also directed to comply with all the norms of Indian Public Health Standards issued from time-to-time in the Multi-Speciality Hospital to be opened/ established in T.B. Sanatorium, Bhowali including doctors, nurses, para-medical staff, administrators and equipment. M. The State Govt. is directed to establish trauma centres with following essential equipments in every district hospital, within three months from today, as per the norms prescribed by the Indian Public Health Standards:- A. 24 x 7 operational emergency with dedicated emergency room shall be available with adequate man power. B. It should preferably have a distinct entry independent of OPD main entry so that a very minimum time is lost in giving immediate treatment to casualities arriving in the hospital. There should be an easy ambulance approach with adequate space for free passage of vehicles and covered area for alighting patients. C. Lay out shall follow the functional flow. D. Signage of emergency shall be displayed at the entry of the hospital with directional signage at key points. E. Emergency shall have dedicated triage, resuscitation and observation area. Screens shall be available for privacy. F. Separate provision for examination of rape/sexual assault victim should be made available in the emergency as per guidelines of the Supreme Court. G. Emergency should have mobile X-ray/ laboratory, side labs/plaster room/and minor OT facilities.
E. Emergency shall have dedicated triage, resuscitation and observation area. Screens shall be available for privacy. F. Separate provision for examination of rape/sexual assault victim should be made available in the emergency as per guidelines of the Supreme Court. G. Emergency should have mobile X-ray/ laboratory, side labs/plaster room/and minor OT facilities. Separate emergency beds may be provided. Duty rooms for Doctors/nurses/ paramedical staff and medico legal cases. Sufficient separate waiting areas and public amenities for patients and relatives and located in such a way which does not disturb functioning of emergency services. H. Emergency block to have ECG, Pulse Oxymeter, Cardiac Monitor with Defibrillator, Multiparameter Monitor, Ventilator also. I. Stretcher, wheelchair and trolley shall be available at the entrance of the emergency at designated area. N. There shall be a direction to all the sub-district/sub-divisional hospitals, Special Centres, Primary Health Centres (PHCs'), Community Health Centres, District Hospital, tertiary hospitals to treat the accident victims and other emergency cases without insisting for registration of FIR. We also direct that Army Hospitals and Private Hospitals, Private Clinics shall also render medical assistance to the accident victims /emergency cases as per their Constitutional duty. O. We request the Ministry of Health & Family Welfare, Govt. of India to release the special health package to the hill states to maintain and improve the public health in a phased manner." 4. The stand of the State Government appears to be that Nainital city is hardly 8 kms away, where multi-speciality Government hospitals are already set up. There are hospitals like G.B. Pant Hospital, B.D. Pandey (Male) District Hospital and B.D. Pandey (Female) District Hospital in Nainital to cater the needs of the residents of that area. 5. There can be no doubt that the provision of basic medical facilities are akin to the fundamental right to life and liberty referable to Article 21 of the Constitution. The poor and marginalised people, especially those living in remote hilly areas, deserve to be provided medical facilities at their door step. This is also the goal of a welfare State. However, the establishment and setting up of hospital, its location, the infrastructure etc. are essentially a part of State policy, which should be left to the wisdom of the policy makers.
This is also the goal of a welfare State. However, the establishment and setting up of hospital, its location, the infrastructure etc. are essentially a part of State policy, which should be left to the wisdom of the policy makers. The State Government and its authorities might, instead of setting up of a separate hospital at Bhowali, expand the infrastructure at Nainital so that the benefit of such facilities can be maximised for not only the residents of Bhowali town but also for other neighbouring areas. All that we observe is that the States are under Constitutional obligations to provide basic medical facilities to their citizens, subject to their resources and other equally important commitments. We have no reason to doubt that the State of Uttarakhand, like in the past, would promptly consider the ways and means to provide medical facilities to the residents of Bhowali town or the neighbouring villages. Let a holistic view in this regard be taken by all stakeholders as early as possible. As and when a decision in this regard is taken, the High Court may be apprised thereof. 6. With these directions and observations, the impugned judgment of the High Court dated 20.07.2018 stands substantially modified/set aside. The appeal is accordingly disposed of.