DB expresses anguish over health facilities in both UTs & concern over non-filling of posts in Health Department
STATE TIMES NEWS
JAMMU: In the much publicized Public Interest Litigation filed by renowned RTI Activist Balwinder Singh highlighting the shortage of Medical Officers/Dental Surgeons/Consultants and Para Medics in the health institutions across the UTs of Jammu & Kashmir and Ladakh particularly in the peripheral areas, a Division Bench of Jammu & Kashmir and Ladakh High Court at Jammu comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary after expressing its deep anguish over health facilities in both the UTs and the failure of both the UTs to file response to the fourteen suggestion filed by Advocate Sheikh Shakeel Ahmed appearing for petitioner suggesting the ways and means for improving the health infrastructure in the rural health institutions in both the Union Territories.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and M Zulkarnain Choudhary appearing for the petitioner whereas Sr. AAG SS Nanda appearing for the UT of Jammu & Kashmir and DSGI Vishal Sharma appearing for UT of Ladakh, the Division Bench headed by Chief Justice Tashi Rabstan observed that ,” It is very strange that the basic amenities of health is being dealt with casually particularly in the rural areas of the UTs of Jammu and Kashmir and Ladakh. Providing of health facilities, which is basic need of the public, must be the priority of the government in a welfare State, DB said.”
The Division Bench further while expressing its deep anguish over the non-serious approach of both the UTs further observed, “In the backdrop of the aforesaid facts, this Court records its anguish over the health facilities in the UTs of Jammu and Kashmir and Ladakh and the respondent-UT of Jammu and Kashmir is directed to take a holistic view of the matter, so as to ensure that the basic health facilities are made available to the people.
The respondent-Department of Health and Medical Education is expected to take a call on the creation of posts of Medical Officers/Dental Surgeons/Consultants and Para Medics in the health institutions across the UTs of Jammu and Kashmir and Ladakh, particularly in the peripheral areas and also ensure that the posts already created are filled up on a fast track basis and the deployments/attachments made from the rural health institutions to the cities is stopped forthwith so that the people of rural areas get some solace, on their health issues”.
Advocate Sheikh Shakeel Ahmed drew the attention of the Division Bench towards fourteen suggestions filed by him on November 25, 2024 wherein after seeking the opinion of experts the petitioner Balwinder Singh has suggested various measures for improving the health care in both the UTs particularly the remote/far flung areas.
Advocate Ahmed further submitted that it was on December 17, 2024, the Division Bench had granted two weeks’ time to Senior AAG SS Nanda and DSGI Vishal Sharma to file their response on behalf of both the UTs to the suggestions filed by him.
He further submitted that despite the lapse of more than six weeks no such response has been filed which shows non-serious approach of both the UTs towards the health care of the public.
The Division Bench at this stage further observed that the Health and Medical Education Department in its status report pursuant to order dated March 16, 2023 had given district wise staff strength of Medical Officers/Para Medics, both for Jammu Division as well as Kashmir Division, which indicate that as against the sanctioned strength of 1390 of Medical Officers, only 726 are in position leaving 664 vacancies of Medical Officers in Jammu Division whereas, as against the sanctioned strength of 1467, 1395 Medical Officers are in position in Kashmir Division leaving 72 vacancies.
It has been further submitted that as against the sanctioned strength of 6868 of Para Medics, only 4379 are in place leaving 2489 vacancies in Jammu Division, whereas against the sanctioned strength of 8628 vacancies of para medical staff, only 5976 are in position, leaving 2651 vacancies of para medical staff in Kashmir Division.
The Division Bench while expressing its displeasure further observed that the figures indicate the dismal performance of the UT of Jammu and Kashmir in filling up of the vacancies of doctors as well as para medical staff particularly in the districts and peripheral areas where people have been suffering for want of health facilities.
The Division Bench while taking note of Badhal (Rajouri) Deaths. Observed that recently 18 deaths have taken place in Badhal area of Rajouri district, due to some mysterious disease and it has been a trend with the District Hospitals and the Public Health Centers (PHCs) across the UTs of Jammu and Kashmir and Ladakh that even manageable cases of ailments in absence of doctors are referred to the medical colleges of Jammu and Srinagar or some super-specialty hospitals, which adds further workload to those institutions.
The Division Bench also expressed its deep concern over the deputations/attachments managed in Urban areas by the influential doctors and in this regard the Court observed that it is also stated that many Medical Officers, who are posted in the health institutions of the rural areas, manage their deputations/attachments in the urban areas, leaving the rural population without medical facilities at their respective places. Such a casual approach of not providing health facilities in the rural areas sometimes contribute to avoidable untimely deaths.
Advocate SS Ahmed at this stage submitted that since the year 2012, no recruitment has been made for filling up the posts of Dental Surgeons in the UT of Jammu and Kashmir and he also drew the attention of the Court for insufficient posts of Dental Surgeons, which requires to be augmented in the rural areas so that the people of rural areas particularly those in their advanced age, are not forced to travel up to the cities of Jammu and Srinagar to seek dental services.
The DSGI Vishal Sharma appearing for the UT of Ladakh submitted that the vacancies of the Dental Surgeons have been recently filled up in the UT of Ladakh, Upon this the Division Bench directed DSGI to file a compliance report indicating the availability of the Consultants of various fields particularly of critical units like Cardiology/Oncology in the hospitals of Leh and Kargil as the people of UT of Ladakh in absence of such facilities can hardly reach timely to the cities of Delhi, Chandigarh, Jammu or Srinagar to avail the medical facilities.
With these serious observations and directions, the Division Bench comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary directed Health and Medical Education Department of both the UTs to file response affidavit to the fourteen suggestions within four weeks. The same shall also indicate the steps taken for the creation of posts of the Medical Officers/Dental Surgeons/Consultants and Para Medics in the health institutions particularly in the peripheral areas, filling up of the vacancies and with regard to other steps suggested by Advocate Sheikh Shakeel Ahmed appearing for the petitioner.
The Division Bench further directed the Registrar Judicial Jammu to supply copy of this order to Chief Secretaries of both the UTs. Looking into the importance of this matter, the Court directed the Registry to re-notify the instant PIL on March 5, 2025.