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Judgment
Mohan Shantanagoudar, J.—In this writ petition filed in public interest, a direction is sought to respondents 1 to 3 to upgrade Model ESI Hospital, Rajajinagar, Bangalore, with all modern equipments including I.C. Unit and sufficient supply of necessary drugs and for other consequential reliefs.
It is contended by the petitioner that ESI Hospital, Rajajinagar, Bangalore is functioning since 1961; It is located in a convenient place and easily accessible to all the routes of buses; The said hospital was being run by the Government of Kamataka till 2003; thereafter the Hospital is taken by the ESI Corporation on 1.4.2003 as part of Model Hospital Scheme as is done in every State of our Nation.
The respondents have appeared through their respective advocates.
3.1. Heard.
3.2. Every reasonable man on the earth wishes to have good health and tries to maintain it till his last breath. There cannot be any doubt that health is wealthier than wealth.
3.3. Certain of the famous personalities of the world have explained "Health" as under:
"It is health that is real wealth and not pieces of gold and silver. Healthy discontent is the prelude to progress". Father of the Nation Mahatma Gandhiji.
"Health is the greatest gift, contentment the greatest wealth, faithfulness the best relationship." Goutama Buddha (the founder of Buddhism, 563-483 B.C.)
"In health there is freedom. Health is the first of all liberties." Henri Frederic Amiel (Swiss writer known for his masterpiece "Journal in time" 1821-1881)
"Good health and Good sense are two of life''s greatest blessings." Public us Syrus (Roman author, 1st Century B.C.)
"To preserve health is a moral and religious duty, for health is the basis of all social virtues. We can no longer be useful when we are not well"
Samuel Johnson (English Poet, Critic and Writer. 1709-1784)
"The health of the people is really the foundation upon which all their happiness and all their powers as a state depend"
Benjamin Disraeli (British Prime Minister and Novelist 1804-1881)
"The first wealth is health." Ralph Waldo Emerson (American Poet, Lecturer and Essayist, 1803-1882).
3.4 If the health of the people unfortunately deteriorates, that too, untimely, they will have to seek help by way of treatment, from the hospitals. In our nation, treatment is being taken generally in Government or Public hospitals, as majority of the people cannot afford to take treatment in expensive private hospitals. General perception of the people is that the Government hospitals or public hospitals (run by local authorities) are ill-equipped as they lack infrastructure both in terms of buildings, medical equipments, adequate drugs etc., and able, humane manpower. Hence, every citizen of this Nation hopes that Hospital of the future should be a place that is both pleasant and functional, in keeping with the principle that the patient occupies a central position. The patient''s needs and desires are to be the central focus of the system.
3.5 In a welfare State it is the obligation of the State to ensure the creation and sustaining of conditions congenial to good health. Maintenance and improvement of public health have to rank high as these are indispensable to the very physical existence of the community and on the betterment of these depends the building of the society, which the Constitution-makers envisaged. Attending to public health, therefore, is of high priority - perhaps the one at the top. A healthy body is the very foundation of all human activities. At this stage, it is beneficial to refer to Article 47 in Part IV of the Constitution of India, which reads thus:
Article 47: - Duty of the State to raise the level of nutrition and the standard of living and to improve public health: The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
3.6 In a series of pronouncements, the Apex Court from time to time has culled out from the provisions of the Part IV of the Constitution several obligations of the State and called upon it to effectuate them in order to see that the intention of the Constitution-makers becomes a reality. Article 47 has laid stress on improvement of public health and prohibition of drugs injurious to health as one of the primary duties of the State, The Fundamental Rights are intended to foster the ideal of a political democracy and to prevent the establishment of authoritarian rule. It is by now well settled that the Directive Principles are no less important than the fundamental rights. It is relevant to note the observations of the Apex Court in the case of Akhil Bharatiya Soshit Karamchari Sangh (Railway) represented by its Assistant General Secretary on behalf of the Association Vs. Union of India (UOI) and Others, , which read thus:
The Fundamental Rights are intended to foster the ideal of a political democracy and to prevent the establishment of authoritarian rule but they are of no value unless they can be enforced by resort to courts. So they are made justifiable. But, it is also evident, that notwithstanding their great importance, the Directive Principles cannot in the very nature of things be enforced in a court of law.... It does not mean that Directive Principles are less important than Fundamental Rights or that they are not binding on the various organs of the State.
From the aforesaid observations, it is clear that the directive principles are equally important as fundamental rights and are binding on various organs of the State.
3.7 It is constitutional obligation of the State to provide adequate medical services to the people to preserve human life. Whatever is necessary for this purpose has to be done. The State cannot avoid its constitutional obligation in that regard on account of financial constraints. The Constitution envisages the establishment of a welfare State at the federal level as well as at the State level. Thus it is the joint obligation of the Central as well as the State to provide medical services. In this context, the observations of the Apex Court in the case of Paschim Banga Khet Mazdoor Samity and others Vs. State of West Bengal and another, , may be referred. In paragraph-9 of the said judgment, the Apex Court observes thus:
The Constitution envisages the establishment of a welfare State at the federal level as well as at the State level. In a welfare State the primary duty of the Government is to secure the Welfare of the people. Providing adequate medical facilities for the people is an essential part of the obligations undertaken by the Government in a welfare State. The Government discharges this obligation by running hospitals and health centres which provide medical care to the person seeking to avail of those facilities. Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. The government hospitals run by the State and the medical officers employed therein are duty-bound to extend medical assistance for preserving human life. Failure on the part of a government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21.
3.8 Articles 39(e), 41 and 43 of the Constitution directly deal with maintenance, health and vigour of the worker. Right to health, medical aid to protect the health and vigour of a worker while in service or post retirement is a fundamental right under Article 21 of the Constitution r/w Articles 39(e), 41 and 43. All the related Articles are directed towards protection of workers'' rights and to make the life of the workmen meaningful and purposeful.
3.9 The expression "life" assured in Article 21 of the Constitution does not connote mere animal existence or continued slavery through life. It has a much wider meaning that includes right to livelihood, better standard of life, hygienic conditions in work place and leisure. Such deprivation would not only denude the life of its effective content of meaningfulness but it would make life impossible to live, leave aside what makes life liveable. The right to life with human dignity encompasses within its fold, some of the finer facets of human civilisation which makes life worth living. The Apex Court in the case of Consumer Education & Research Centre and Ors. v. Union of India and Ors. reported in AIR 199S SC 922, held that the right to health of the workman is a fundamental right by observing thus:
The right to health to a worker is an integral facet of meaningful right to life to have not only a meaningful existence but also robust health and vigour without which worker would lead life of misery. Lack of health denudes his livelihood. Compelling economic necessity to work in an industry exposed to health hazards due to indigence to bread-winning to himself and his dependents should not be at the cost of the health and vigour of the workman. Facilities and opportunities, as enjoined in Article 38, should be provided to protect the health of the workman. Provision for medical test and treatment invigorates the health of the worker for higher production or efficient service. Continued treatment, while in service or after retirement is a moral, legal and constitutional concomitant duty of the employer and the State. Therefore, it must be held that the right to health and medical care is a fundamental right under Article 21 read with Articles 39(c), 41 and 43 of the Constitution and make the life of the workman meaningful and purposeful with dignity of person. Right to life includes protection of the health and strength of the worker is a minimum requirement to enable a person to live with human dignity. The State, be it Union or State Government or an industry, public or private, is enjoined to take all such action which will promote health, strength and vigour of the workman during the period of employment and leisure and health even after retirement as basic essentials to live the life with health and happiness. The health and strength of the worker is an integral facet of right to life. Denial thereof denudes the workman the liner facets of life violating Article 21. The right to human dignity, development of personality, social protection, right to rest and leisure are fundamental human rights to a workman assured by the Charter of Human Rights, in the Preamble and Articles 38 and 39 of the Constitution. Facilities for medical care and health against sickness ensures stable manpower for economic development and would generate devotion to duty and dedication to give the workers'' best physically as well as mentally in production of goods or services. Health of the worker enables him to enjoy the fruit of his labour, keeping him physically fit and mentally alert for leading a successful life, economically, socially and culturally. Medical facilities to protect the health of the workers are therefore, the fundamental and human rights to the workmen.
3.10 In the case of Pt. Parmanand Katara Vs. Union of India (UOI) and Others, , the Apex Court directed even private doctors or hospitals to extend services to protect the life of the patient, be an innocent or a criminal liable for punishment in accordance with law.
3.11 The Apex Court, in the case of Bandhua Mukti Morcha Vs. Union of India (UOI) and Others, , has observed thus:
It is the fundamental right of everyone in this country, assured under the interpretation given to Article 21 by this Court in Francis Mullin case to live with human dignity, free from exploitation. This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly Clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of the workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These are the minimum requirements which must exist in order to enable a person to live with human dignity and no State - neither the Central Government nor any State Government - has the right to take any action which will deprive a person of the enjoyment of these basic essentials.
3.12 Thus, it is clear that right to health of a worker falls under Article 21 of the Constitution and that the health does not merely mean the physical, mental and social well being. The medical care and health facilities not only protect against sickness, but also ensure stable manpower for economic development. The facilities of health and medical care generate devotion and dedication to give the workers'' best, physically as well as mentally, consequently productivity will be improved.
3.13 On December 10th 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights by Resolution 217A[III]. Following this historic act the Assembly called upon all Member countries to publicize the text of the declaration and to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.
Article - 25 of the Universal Declaration of Human Rights reads thus:
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
3.14 The International Covenant on Economic, Social and cultural Rights was adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966.
3.15 Article - 7 of International Covenant on Economic, Social and cultural Rights reads thus:
The States Parties to the Present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:
(a) Remuneration which provides all workers, as a minimum, with:
(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;
(ii) A decent living for themselves and their families in accordance with the provisions of the present covenant;
(b) Safe and healthy working conditions.
(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;
(d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.
(Emphasis supplied)
3.16 From the aforementioned it is clear that Article 25(1) of Universal Declaration of Human Rights 1948 assures that every one has a right to a standard of living adequate for the health and well-being of himself and his family, including medical care, sickness and disability. Article 7(b) of the International Covenant on Economic, Social and Cultural Rights 1966, recognizes the right of every one for the enjoyment of just and favourable conditions of work which ensures in particular safe and healthy working conditions. As aforementioned, Article 39(e) of the Constitution enjoins the State to direct its policies to secure the health and strength of workers.
3.17 With a view to introduce scheme of health insurance for industrial workers, the Employees'' State Insurance Act 1948 is enacted.
3.18 The Scheme envisaged is one of compulsory State Insurance providing for certain benefits. The insurance fund will be mainly derived from contribution from employers and workmen. The health insurance scheme set up in pursuance to the provisions of the ESI Act is not only a blessing to the employees; it is also a boon to the employees and Nation. The scheme was inaugurated on February 24th 1952 in the Industrial Towns of Kanpur and of Delhi. This, however, is being gradually followed in other industrial centres so that the scheme can cover the whole country. The Nation may take pride in the fact that India is the first Country in South East Asia to launch such a scheme. The benefits proposed for insured persons by this scheme are:
The medical benefit- whenever any insured person needs medical aid, he or she will have it free - State Insurance Dispensaries will be set up etc.,
Sickness Benefit - When an insured person falls ill, he will not only get free medical aid as mentioned above. He will also receive some sickness benefit.
Maternity benefit - The woman employee need fear no longer that she will be dismissed from service as soon as she expects a baby. Not only will she retain her job, but also will get maternity benefit for a period of 12 weeks before or after confinement of which not more than six weeks can precede the expected date of confinement.
Disablement benefit - If an insured person is injured in the course of his work and permanently or temporarily disabled, he will get what is called disablement benefit in the form of cash in installments, so that there will be a regular flow of income to the injured person as long as his disablement lasts.
Dependants benefit - If an insured person is hurt in the course of his work and dies as a result, his dependants, i.e., his widow, legitimate (or adopted) sons and legitimate unmarried daughters will get a pension.
3.19 Under the Employees'' State insurance Scheme, medical care is provided both through the service system (direct pattern), as well as, the indirect method using the panel system. Under the service system, the Corporation has set up about 1500 ESI dispensaries in the implemented areas. In the panel system, about 3000 private clinics of medical practitioners provide treatment to the beneficiaries. Cases requiring services of specialists in super specialties are referred to the outside institutions and diagnostic centres. Hospitalization facilities are provided in ESI Hospitals or ESI wards (Annexes) attached to Government or public hospitals. (In areas where there are no ESI Hospitals or wards, or where such separate facilities are not sustainable, hospitalization is provided by reserving beds in existing Govt., public and private hospitals on payment basis). Hospital beds are provided on a scale of 4 beds per thousand Insured Person family units. All drugs, dressings and aids and appliances are provided free of cost. Under the service system, these medicines are dispensed at ESI dispensaries, ESI hospitals and medical stores. Under the Panel system, common medicines are dispensed from the Integrated Medical Practitioner''s clinics, and supply of expensive drugs on prescription by specialists, is made through approved chemists or medical store depots established under the Scheme. The Employees'' State Insurance Corporation has formulated its own exhaustive pharmacopoeia which lists over 800 commonly used medicines.
3.20 For super-specialty treatment, such as open heart surgery, neuro surgery, bone marrow transplant, kidney transplant or specialised investigations like CAT scan, MRI, angiography etc. referral arrangements are stated have been made with the reputed, premier hospitals of the country. The total cost of such treatment, diagnostic facilities or surgical intervention is borne by the ESI Scheme.
3.21 The Official portal of ESI Corporation, Sub-regional Office, Coimbatore, (available at http:/www. esicoimbatore. org/esischeme/esicjnfrastructure_medical.htm) reveals the infrastructure available including the infrastructure of the hospitals under ESI scheme. The creation of the Model Hospital is one of the infrastructure (medical) of ESI Scheme. The said official website of Sub-Regional office, Coimbatore reveals that the ESI Corporation has decided to set up one Model Hospital in each State to ensure that there are proper secondary care facilities for the beneficiaries. The proposed Model Hospitals are being identified out of the existing hospitals to provide all modem infrastructure facilities, staff and equipments as per E.S.I, norms and in case of need to act as referral hospitals for providing adequate secondary health care services.
3.22 According to the E.S.I. Corporation, as revealed in aforementioned official portal, the Model Hospital will have all general specialities along with support services of Radiology, Laboratory, Store and Pharmacy, Operation Theatres, Medical Records, Dietary Services, laundry, CSSD, Engineering services, Ambulance service, telephone, housekeeping, horticulture development works, waste management systems, facility for training, library etc. To facilitate community services, staff accommodation, cafeteria, parking areas, recreation facilities etc., shall be provided. It is also mentioned that, to ensure proper functioning, quality assurance programme will be instituted to monitor the functioning of various activities of the Model Hospitals.
3.23 With the aforesaid object of giving top level services in health care, Model Hospitals are being set up in every State. In pursuance of the very scheme and object, the ESI Hospital, Bangalore is taken over and converted into Model ESI Hospital. The concerned authorities are duty bound not only to establish and maintain the Model Hospitals, but also to strive hard to achieve the goal for which the Model Hospitals are set up. Otherwise, the intention of setting up of such hospitals will be frustrated and the health of the workers remains unprotected and consequently Nation suffers.
4.1 During the pendency of the matter, respondents 1 to 3 have filed the status report relating to the condition of the Model ESI hospital Bangalore as on 8.9.2008.
4.2 Learned Counsel appearing on behalf of the petitioner submits that the anxiety of the petitioner is to see that the ESI Model Hospital should discharge its duties as real Model ESI hospital catering the needs of the beneficiaries. She further submits that the status report filed by the respondents may be accepted for the present and direction may be issued to respondents 1 to 3 to make further improvements in the hospital.
Learned Counsel appearing on behalf of respondents 1 to 3 submitted that after taking over the ESI Corporation Hospital under Model Hospital Scheme, major improvements with regard to physical infrastructure, man power resource development are being undertaken. The remodeling and development of the hospital is being carried out at the estimated cost of Rs. 161 crores.
The status report filed in the form of affidavit sworn to by Dr. A.K. Khokhar, Medical Superintendent of ESI Corporation Hospital, Rajajinagar, Bangalore, reveals the details of the developments made alter 1.4.2003. It also reveals proposed plans and actions. The same are narrated as under-
a) Intercom facility to every ward and section has been installed.
b) Additional 6 telephone lines EPABX has been installed.
c) 12 computers have been installed with 4 Printer, Fax and Xerox at important location in administration.
d) Modern Metallic Sitting arrangements have been provided for patients
e) 6 Aqua guard have been provided to serve safe drinking water to the patients, visitors and attenders.
f) Minor O.T. PPC O.T., Emergency O.T. are air conditioned and air conditioning in Major O.T. and Eye O.T. has been augmented.
g) PPTCT (prevention of parent to child transmission of HIV) centre has been started.
h) Pediatric ward has been made child friendly and toy room has been provided.
i) Medical library along with a computer has been started.
j) From ornamental garden with fountain and quadrangular garden have been improved and atmosphere made echo friendly.
k) The list of new furniture additional furniture equipment and instruments, which have been added, is given in Annexure-A to this affidavit
l) Toilets have been renovated where needed and utmost cleanliness is maintained.
m) Conference hall has been equipped with LCD projector and public address system.
n) Remodeling and face lifting programme for hospital at a cost of 161 crores approximately is in the process. The foundation stone was laid by Hon''ble Union Labour Minister Sri Oscar Fernandes along with Hon''ble Minister for Govt. Karnataka, on 16.8.2008 and the project will be executed by M/s UPRNN Limited in the next 18-24 months.
o) Illuminated Name Board of the hospital has been installed at the entrance of the hospital.
p) Cleanliness has been considerably improved and building is well maintained.
q) Security force has been improved and security measures to benefit patients are in existence.
r) Blood bank staffing, infrastructure and equipment procurement is completed and now hospital is in a position to apply for license. Interim arrangement for supply of blood from licensed blood bank from Ramaiah Hospital is working well. Supply orders for procurement of equipments for ICU have been placed and 3rd batch of Doctors and Nurses are completing training in care and management of ICU cases at NIMHANS.
s) Critical care equipments have been provided at Strategic location like Accident Emergency Medical services, Post operative surgical ward, Emergency ward and Labour Room, Pediatric ward and operation theatre.
t) 3 additional bore well has been sunk. Water scarcity has been solved and as of now there is no problem for water supply to the hospital.
u) Separate emergency laboratory has been started on 24 hours basis. Also Gluco-meter with strips and keto-sticks have been provided to the wards for close monitoring of diabetic complications.
v) Tie-up for high end Radio imaging investigation CT, MRI, Dopper & Audiometry, Pathology investigation has been made with reputed ISHA diagnostic and R.V. laborites M/s.Naik Heavy Aid Centre respectively. There is an arrangement of Empanel Chemist to supply immediately the Drugs which are not in stock, so that patients are relieved from buying drugs by spending out of their pockets. In very rare instances if drugs are purchased by the patients, Medical reimbursement is given with in 10 days. Special provision like Auxiliary crutches walking frame, Wheel chair, LS belts, Cervical collar and various braces etc., to the beneficiaries are provided before discharge rather than giving reimbursement
w) Two doctors are posted after OPD hours in the causality to improve Accidental emergency services and to the critical ill patients.
x) Medical Superintendent has been delegated power up to Rs. 15 lakhs unit cost with sufficient budget for dealing all matter locally (except capital construction) for better servicing of ESI Beneficiaries.
Man Power Resources Improvement:
a) The Hospital has employed Sr. Post Graduate qualified Resident Doctors, part time specialists and Full Time Specialists on contract basis.
b) Additional staff nurses, clerks and Group-D as per functional requirement are employed on contract basis.
c) 3 engineers have been appointed on contract basis to look after annual repair and maintenance work of the hospital.
d) Technical Staff on contract basis has been appointed. The details of staff presently available and at the time of take over on 1-4-2003 Annexure-B. The staff strength has gone up from 387 to 666.
e) It is informed and to be appreciated that the staff" strength has increased despite of State Government Doctor taking voluntary retirements, superannuation, deputation to post graduation. Transfer out and unauthorized absences due to timely action by the Central administration.
f) It is also submitted that Pediatric Surgery is not being carried out as the only IMO in the ESI scheme having M.Ch in Pediatric Surgery Qualification is not able to perform surgeries due to ill health. However tie-up with Indira Gandhi Institute of Child Health exists and cases are treated.
g) Recruitment of Regular Stall'' against sanctioned post in all congeries is being made. Tests and interviews were conducted on 3-8-2008, 10-8-2008, 24-8-2008 & 31-8-2008. Already regular Physiotherapist and Blood Bank Technician have joined service.
h) All General Speciality and Super specialty in Urology and Plastic Surgery are available. The Departments are manned by Post Graduate Qualified Specialist Doctors. Out of 104 only 22 Doctors are Medical Graduates and rest all are Post Graduate, Degree/Diploma Holder in their respective Fields.
i) There is one Grievance/Complaint Redressal Officer as on date No Grievance of any OP is pending action.
Future Plans and Actions:
a) Remodeling and Face lifting of hospital and Equipping of the various department is being done at a cost of Rs. 161 crores.
b) There is plan to start Post Graduate Medical College/Under Graduate Medical College and Research Centre along with Para Medical and Ministerial Staff. Actions are in progress to take up all activities as per guidelines of MCI for establishing Medical College/Post Graduate Courses.
c) ICU and Blood Bank facilities are being started.
d) ESIC has already advertised for appointment of regular specialists and IMOs on regular bases and it is expected to be finalised in coming months.
e) ISO 9001-2000 certification is under process and will be completed by September October - 2008.
f) CME Programme is regularly conducted. Staff is being sent on deputation for various training, workshops and conferences etc., to improve their technical skills.
Thus, it is clear from the status report that the specialty Care in Medicine, Surgery, OBG, Orthopedics, Pediatrics, Radio Imaging, Pathology, Skin & STD, ENT, Eye, Urology, Plastic Surgery Anaesthesia, Physiotherapy, Psychiatrist, Dental, Ayurveda and Yoga, etc. are available now in ESI Corporation Hospital. According to respondents 1 to 3, Emergency, Care, Diagnostic Facilities within hospital and with tie-up arrangements, Preventive, Primitive activities within and outside hospital, rehabilitative appliances, Super specialty through tie-up are made available. Yoga, health camps are under taken. Even the Specialities in Urology, Burns and Plastic Surgery are available. It is also stated that Intensive Care Unit is likely to function shortly for which equipments have been ordered and training of manpower is completed. For the present, the institutional tie-up arrangements are existing with M.S. Ramaiah Hospital and the same will be continued.
The contents of the status report filed in the form of the affidavit duly sworn to Dr. A.K. Khokhar, Medical Superintendent of ESI Corporation Hospital, Rajajinagar, Bangalore, are recorded. We are satisfied with the status report submitted by respondents 1 to 3 narrating the details of the facilities available and the proposed plan and action. We hope and trust that the ESI Corporation Model Hospital will do its best in catering to the needs of the beneficiaries for up-keeping the health, more particularly poor and down trodden who are unable to approach the private hospitals.
However, having regard to the totally of the facts and circumstances of the case, we deem it proper to appoint the Secretary of Karnataka State Legal Services Authority, Bangalore, as coordinator, to over see periodically the functioning of ESI Corporation Model Hospital, Rajajinagar, Bangalore, and to initiate action in accordance with law, including guiding the hospital and concerned authorities in the matter whenever the functioning of the ESI Corporation Hospital is not found satisfactory.
Accordingly, the following order is made:
(i) The contents of the status report filed by respondents 1 to 3 in the form of the affidavit dated 8.9.2008 duly sworn to by Dr. A.K. Khokhar, Medical Superintendent of ESI Corporation Hospital, Rajajinagar, Bangalore, are recorded. Respondents 1 to 3 shall do their best to further upgrade and up keep the hospital for better utilization of the beneficiaries more particularly the poor and downtrodden.
(ii) The Secretary of Karnataka State Legal Services Authority is appointed as coordinator to monitor periodically the functioning of ESI Corporation Model Hospital, Rajajinagar, Bangalore, and initiate action in accordance with law if the Secretary finds that the Hospital in question is not catering to the needs of the beneficiaries appropriately. He may also give necessary guidance and instructions to the third respondent, its officials and all other concerned, whenever needed.
Writ petition is disposed of with the aforesaid observations.