In Re Non Maintenance vs State Of Manipur & Ors

R.S., CJ

This Public Interest Litigation is based on the news report that a number of operation theatres at Jawaharlal Nehru Institute of Medical Science (JNIMS) is not properly maintained and it is not functional. The newspaper item highlighted various deficiencies. On that basis, this Public Interest Litigation was registered and taken up and notice was ordered to the State and a reply affidavit has been by the respondent NO.2.

Para Nos.2, 2.1, 2.2, 2.3, 2.4, 2.5 and 3 of the reply affidavit read as follows:-

"2. That with reference to Para No.1 & 2 of the PIL, the answer deponent begs to clarify that as per the report dated 14-08-2018 submitted by the HOD, Anesthesiology Department, JNIMS, there are 6(six) Operation Theaters are functioning smoothly.

A true copy of the letter dated 14.8.2018 is annexed herewith and marked as Annexure-R/1.

2.1. That is humbly submits that there is no other Operation Theater in JNIMS except the said 6(six) OT's.

2.2. That it is not true that there are 13 Operation Theaters in JNIMS but due to non maintenance only 4 OTs are functional resulting in much less operation being performed every day. It is also not correct that there are lack of proper machinery in the Department of Anesthesiology or that there is also lack of manpower. In fact, the authorities of JNIMS are making all efforts for installation and procurement of all modern Machineries; with adequate manpower.

2.3. That it is submitted that the JNIMS authority already taken all steps for construction of another/additional Complex/Building having 7(seven) new Operation Theatres equipped with all modern infrastructures. The same is expected to be completed within this year (2018-2019). After completion of this structure/building and after handing over of this new complex, JNIMS shall use and dedicate the same for public use.

2.4. That as per record, the number of Major Operation performed during the year 2017 and 2018 are as follows:-

Sl.No.

Period

No. of Operation done

1.

January, 2017 to December, 2017

7,726

2.

January, 2018 to June, 2018

3,431

2.5. That the humble deponent be permitted to submit that news report in the Sangai Express (Annexure-A) are wild allegations and the same are meant for cheap popularity and not for a good cause.

That with reference to Para No. 3 to 6 of the PIL, the answering deponent begs to state that the State Government is providing free medical test in respect of 57 (fifty seven) types of test in all the Government Hospital including JNIMS existing in the State of Manipur. Therefore, in case if any of the employees/staff are found to have refused to conduct such types of medical test, necessary action will be taken up against such official.

Monthly report of Free Diagnostics done in JNIMS from January, 2018 to August, 2018 are given below for easy appreciation of the Hon'ble Court.

Month

Pathology

Biochemistry

Microbiology

ECG

X-Ray

Ultrasound

***

****

***

***

***

**

***

Total

145581

74121

30431

24362

28821

15614

A true copy of the letter dated 30.8. 2018 along with connected reports are annexed herewith and marked as Annexure-R/2 (Colly)"

In the light of the above statements supported by documents, it is evident that it is not a case of non-functional or dis-functional hospital but it is a case of some repair and renovation which is going on in the hospital from time to time that has caused temporary break down in service of some of the operation theatres which have been rectified by the authority concerned. The reply affidavit clearly establishes that the news report is not correct.

In view of the above, the Court does not find any reason to continue this PIL and Order dated 9.03.2016

n the basis of the statements of the reply affidavit filed by the respondent No.2, this PIL stands disposed of.