Chandra Shekhar Joshi & others vs State of Uttarakhand & others

Rajiv Sharma, ACJ.

WPPIL No.99 of 2016

In this writ petition, the petitioner has sought a direction to the respondent nos.1 and 2 to ensure that the costly equipments installed in the Sushila

Tiwari Hospital (respondent no.3) may be maintained in a proper order and the same be made available to the general public.

The petitioner has also prayed for providing basic amenities/facilities like life saving drugs to the patients. He has also prayed for establishment of a

state-of-art Trauma Centre and Catheterization Laboratory and for improving the conditions of Emergency Services in the respondent no.3-Hospital.

He has further prayed for filling up of vacant posts.

This Court, in Writ Petition (PIL) No. 71 of 2015 on 06.07.2018, had issued detailed mandatory directions to the respondents to do the needful,

including opening of State Cancer Institute at Haldwani etc.

Impleadment Application No. 14134 of 2018, filed in Writ Petition (PIL) No. 71 of 2015, is allowed. Applicant-Vikas Bhagat is permitted to implead

Union of India through Secretary, Ministry of Forest Environment and Climate Change, New Delhi and Secretary, Ministry of Health and Family

Welfare, Government of India, New Delhi as respondent nos. 6 and 7 respectively, since it is a Public Interest Litigation and not an adversarial

litigation.

Learned counsel appearing on behalf of petitioner in Writ Petition (PIL) No.99 of 2016 has also prayed that the directions issued by this Court on

06.07.2018 whereby the petitioner had been permitted to implead Medical Council of India for compliance of the direction issued by this Court on 6.

07.2018, be complied with in letter and spirit.

This Court had directed the respondent/State on 6. 07.2018 in Writ Petition (PIL) No. 71 of 2015 to make Swami Rama Cancer Hospital &

Research Institute fully functional by creating the posts of Medical Oncologists, Surgical Oncologists, Hematological Oncologists, Gynecological

Oncologists and Pediatric Oncologists within three months from the date of pronouncement of the judgment by holding walk-in interviews. The State

Government was also directed to upgrade the status of Swami Rama Cancer Hospital & Research Institute to the State Cancer Institute within three

months. It was also directed to give incentives to the Specialists to join premier institutions in the State of Uttarakhand.

The State Government in Writ Petition (PIL) No.99 of 2016 was directed to file a compliance affidavit qua all the directions issued in the present

petition as well as in the previous petitions. The same has been filed.

According to the status report, as per the National Programme for Prevention and Control of Cancer, Diabetes and CVV and Stroke, the Institute

was to be upgraded as the ‘State Cancer Institute’ on a project cost of Rs.120.00/- Crores (90% Central and 10% State funding). It was

further stated that after the creation of posts and making appointments, the Memorandum of Understanding will be signed between (1) the Central

Government and (2) the State Government and (3) the Institute.

It has come in the compliance report that in Government Medical College, Haldwani and in the associated hospitals presently MRI CT-Scan,

Mammography, Ultrasound, 3D Colour Doppler, Dialysis Machine Endoscope, C-Arm, Ventilator, Multi modular, Multi Para Monitoring System and

most of the instruments required by MCI Norms are available and no shortage has been pointed out by the MCI. However, the fact of the matter is

that Government Medical College, Haldwani is required to have minimum equipments as per the standard Requirements of the Medical College for

100 Admissions Annually Regulations, 1999.

The State Government was also directed to establish Nephrology, Neurology, Urology and Cardiology Departments in the Medical College within

three months. It has come in the compliance report that Nephrology expert was not available. In Surgery Department, Neurology specialists are not

available. In Medical College, Haldwani, for establishment of nephrology, neurology, urology and heart disease departments and for creation of posts,

proposals have been sent to the Department of Personnel and Finance.

The Court can take judicial notice of the fact that few patients are ferried to the hospitals by palanquins and even on chairs to the nearest hospitals

after reversing long arduous terrain.

Learned Chief Standing Counsel for the State submits that since there may be some delay in getting the ‘No Objection Certificate’ from the

Ministry, alternative site has also been located and D.P.R. is being prepared.

Accordingly, the following directions are issued in continuation of the earlier directions issued by this Court on July 6, 2018 in WPPIL No.71 of

2015: -

A. The State Government is directed to create posts, as ordered on 06.07.2018 in WPPIL No.71 of 2015, within a further period of three months and

also to sign the M.O.U. with the Central Government within six weeks for establishment of the State Cancer Institute at Haldwani.

B. The Central Government is also directed to facilitate the process signing the M.O.U. between it and the Sate Government for upgrading the status

of Swami Rama Cancer Hospital & Research Institute to the ‘State Cancer Institute’ within the period stipulated hereinabove.

C. The State Government has also constituted a Selection Committee presided over by the Vice Chancellor of the H.N.B. Medical Education

University Dehradun. The Committee is directed to hold interviews within a period of six weeks on emergency basis.

D. The Nodal Officer, under the Forest (Conservation) Act, 1980 is directed to take up the matter with the Ministry of Environment, Forest and

Climate Change within 72 hours to obtain ‘No Objection Certificate’. The Central Government shall accord necessary permission within a

period of three weeks thereafter since the issue pertains to the establishment of ‘State Cancer Institute’ at Haldwani. Alternatively, the State

Government is directed to complete the process for preparation of D.P.R. within three weeks and thereafter to complete all the codal formalities

within a further period of four weeks.

E. The State Government is also directed to comply with the directions issued on 6.7.2018 to provide the latest state of art equipments/machineries,

required under the Minimum Standard Requirements of the Medical College for 100 Admissions Annually Regulations, 1999.

F. The Departments of Personnel and Finance are directed to accord the necessary permission for creation of the posts in the Departments of

Nephrology, Neurology, Urology and Heart Disease within a period of one week from today.

G. For establishment of Trauma Centre in Medical College, contract with Executive Agency has been undertaken and a sum of Rs.753.60 Lakh has

been sanctioned and Rs.121.50 lakh has been released. E-tender process is going on. The entire procedure be completed within a period of four

weeks from today and the Trauma Center be established within a further period of three months.

H. A proposal has been sent for regular appointment of 138 Assistant Processors to the Medical Service Selection Board. There shall be a direction to

the Medical Service Selection Board to complete the process within a period of six weeks from today and thereafter, on the basis of the

recommendation made by the Selection Board, the appointment letters shall be issued within a period of four weeks.

I. The State Government was directed to deploy 61 newly acquired ambulances after refurbishing them within one month. According to the

compliance affidavit, the fabrication and installation process is on and will take 2 to 5 months. In view of this, we direct the Secretary, Health, State of

Uttarakhand to deploy 61 newly acquired ambulances within a period of four weeks from today.

J. In Kumaon Division, out of 1110 posts, only 674 Medical Officers are working. Accordingly, there shall be a direction to the State Government to

fill up 445 vacant posts of Medical Officers in Kumaun Division within a period of three months from today by resorting even to walk-in-interviews.

Writ Petition No.99 of 2016 as well as all pending applications stands disposed of.