Rajasthan High Court - Jodhpur
Ramswaroop And Ors vs State Of Rajasthan And Ors on 1 August, 2019
Bench: S. Ravindra Bhat, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 1499/2018
Shera Ram And Ors.
----Petitioners
Versus
State Of Rajasthan And Ors.
----Respondents
Connected With
1. D.B. Civil Writ Petition No. 779/2018
2. D.B. Civil Writ Petition No. 1294/2018
3. D.B. Civil Writ Petition No. 1318/2018
4. D.B. Civil Writ Petition No. 1363/2018
5. D.B. Civil Writ Petition No. 1542/2018
6. D.B. Civil Writ Petition No. 1615/2018
7. D.B. Civil Writ Petition No. 2561/2018
8. D.B. Civil Writ Petition No. 5845/2018
9. D.B. Civil Writ Petition No. 16449/2018
For Petitioner(s) : Mr. Jagdish Kumar Vishnoi, Mr. Rituraj
Singh & Mr. M.S. Deora
For Respondent(s) : Mr. K.S. Rajpurohit, A.A.G. with Mr.
Rajat Arora
Mr. Raghuraj Sharma for Mr. Kuldeep
Mathur
Mr. Shreyansh Mardia
Mr. Surendra Singh Rathore
Mr. Punit Parihar
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 01/08/2019 All these petitions highlighted glaring inadequacies in the scheme of Public Private Partnership (PPP), in the public health sector whereby the State of Rajasthan has handed over the management and day to day running of 34 Primary Health Centers (PHCs) in different districts i.e. Sri Ganganagar, Nagaur, Barmer, Banswara, Sirohi etc. (Downloaded on 30/08/2019 at 12:14:26 AM) (2 of 3) [CW-1499/2018] The petitioners rely upon monthly progress charts that reflect various parameters; the quality of service rendered by such centers (which are not under the control of the Government but are run through the PPP Model) and submit that all such centers show gross inadequacy both in regard to manpower deployment, facilities granted and infrastructural inadequacy.
The State of Rajasthan in its additional affidavit, filed during the course of the day, has submitted that the issue was considered and for the moment, the Government is of the opinion that the PHCs, which have been handed over under the PPP Model, would be closely monitored. It is stated that by an Order dated 26.07.2019, the Monitoring Mechanism would be Block Level and that the concerned committee would consist of officials such as Director / Joint Director, Zone; CMHO; BCMHO and Assistant Accounts Officer.
This Court is of the opinion that besides, the team can be suitably modified. Instead of both BCMHO & CMHO, one such official can be part of the team. In addition, it would be appropriate that at least two independent members should be made a part of the team - Secretary of the District Legal Services Authority or his nominee, not below the rank of a Senior Civil Judge or equivalent; and an experienced doctor preferably with some experience of having discharged the administrative responsibility in the health sector (Private Hospital or Government Hospital, as the case may be). These should be included in the team.
Having regard to the fact that the PHCs concerned are only limited in number (34), the Committee shall be constituted within a week from today. The report of these Committees shall be (Downloaded on 30/08/2019 at 12:14:26 AM) (3 of 3) [CW-1499/2018] based upon actual inspection of each PHC and their evaluation based upon the parameters publicly notified (average number of OPD patients per day; number of medicines available under MNDY at DDC; number of tests available under MNJY including the number of tests done; number of 4 ANC; number of deliveries conducted at PHC per month; disbursement of benefit under JSY; disbursement of benefits under RSY; number of children fully immunized for sector; IUD insertion at PHC, new cases of hypertension diagnosis; new cases of diabetes diagnosis. Each of these parameters shall be based upon the monthly data available, which shall be verified on a random basis. Apart from that, the level of hygiene maintained and the number of personnel deployed including medical, nursing & paramedical staff). The general cleanliness of toilets; availability of clean drinking water and existence of qualified staff etc. shall also be noted.
All the reports shall be compiled with and presented to the Court on the next date of hearing.
List the matter on 06.09.2019.
D.B. Civil Writ Petition No. 16449/2018 We have heard counsel for the parties and are of the opinion that the team deployed to visit the PHC at Banswara should also visit the CHC at Dhariyawad (District Pratapgarh) and evaluate it on an overall basis keeping in mind the same parameters. (VINIT KUMAR MATHUR),J (S. RAVINDRA BHAT),CJ 12-Inder/Praveen (Downloaded on 30/08/2019 at 12:14:26 AM) Powered by TCPDF (www.tcpdf.org)