Bombay High Court
Association For Aiding Justice , Thru ... vs State Of Maharashtra Thru Ministry And ... on 16 January, 2020
Author: R.I. Chagla
Bench: S.C. Dharmadhikari, R.I. Chagla
suresh 905-PILG-89.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.89 OF 2019
Association for Aiding Justice .... Petitioner
Vs.
State of Maharashtra & Others .... Respondents
WITH
CIVIL APPLICATION NO.62 OF 2019
IN
PUBLIC INTEREST LITIGATION NO.89 OF 2019
Association for Aiding Justice .... Petitioner
Vs.
State of Maharashtra & Others .... Respondents
And
Daga Memorial Hospital .... Applicant
WITH
CIVIL APPLICATION NO.71 OF 2019
IN
PUBLIC INTEREST LITIGATION NO.89 OF 2019
The Dean, Nowrosjee Wadia
Maternity (NWMH) Hospital .... Applicant
In the matter between
Association for Aiding Justice .... Petitioner
Vs.
State of Maharashtra & Others .... Respondents
Mr. Jamshed Mistry with Mr. Dipesh Siroya for the
Petitioner in the PIL and the Applicant in CAI-62/2019.
Mr. G.S. Godbole, Special Counsel with Mr. P.P. Kakade,
GP & Smt. N.M. Mehra, AGP, for Respondent No.1.
Mr. Suresh S. Pakale, Special Counsel with Mr. Vinod
Mahadik for Respondent No.2-MCGM.
Mr. Rafique Dada, Senior Advocate with Mr. Abhay
Jadeja, Mr. Pradeep Mane & Mr. Arun Unnikrishnan
i/by Crawford Bayley & Co. for Respondent No.3 in
the PIL and the Applicant in CAI-71/2019.
Mr. Pandurang Gosavi, Dy. CA (Finance), Smt. Seema
Page 1 of 4
suresh 905-PILG-89.2019.doc
Mhatre, AO (G.S. Medical College), Mrs. Gosavi,
Head Clerk (G.S. Medical College) and Mr. Ravindra
Gadhavi, Deputy Secretary, Public Health Department,
present in Court.
CORAM: S.C. DHARMADHIKARI &
R.I. CHAGLA, JJ.
DATE : JANUARY 16, 2020 P.C:
1. On the request of Mr. Godbole and only because of his persuasion, we are not passing any drastic order, for we are unimpressed by the production of what is styled as a communication of 15-1-2020. Though it is a communication styled as a Circular, all that it says is that, an advance sum of Rupees Twenty Four Crores from the contingency fund is made available to the Public Health Department of the Government of Maharashtra by the Finance Department so that the same can be disbursed by that Department, namely, the Public Health for its requirements, particularly under the Accounting Head -
Medical Services and Public Health, including the Urban Health Services.
2. A perusal of this would reveal that as far as the hospitals and dispensaries of which the Government is in charge or is a part of otherwise, would be the beneficiaries of this amount released from this contingency fund.
Page 2 of 4suresh 905-PILG-89.2019.doc
3. The release order fails to impress us, for we are aware that there is a quite distance to be covered from release to actual disbursement. It is the latter which is our concern, for we have been noticing that the charitable hospital, whose name is listed in this communication, namely, the Nowrosjee Wadia Maternity Hospital, is finding it difficult to cater to the needs of the patients, particularly the women who are carrying and come for delivery. These women cannot afford Gynaecologists & Obstetricians privately functioning or functioning through the means of a star hospital in the City. These are patients primarily from the poor and lower middle class of the Society. For them, it is only the Public Health Care Centres available and we can see the huge waiting list of such patients at public hospitals and if not any functionary or official in the Government, a common man is a witness to this sight. There is a queue of patients right from the morning and till late night requiring urgent medical attention or medical attention which may not be emergent but if not attended to, may result in emergency and casualty. This uneducated section of the Society does not know the seriousness of the illness or sickness. If pregnant mothers are not attended to in time, the results are for all to see, including the birth of malnourished children, who may not survive after birth, or after a few hours or days of birth. In such circumstances, the State is obliging none by producing such a Page 3 of 4 suresh 905-PILG-89.2019.doc Circular before us and which is issued virtually on the eve of this hearing. Had it not been for this PIL, possibly this Circular also would not have been issued and the usual formal Government reply would have been placed before us.
4. Hence, we insist on disbursal of the amount and since presently Mr. Godbole, learned Special Counsel engaged by the State, is unable to give any satisfactory answer, purely at his request, we place these matters tomorrow (17-1-2020) at 3:00 p.m., on the supplementary board.
(R.I. CHAGLA, J.) (S.C. DHARMADHIKARI, J.) Digitally signed by SURESH SURESH JAGDISH JAGDISH SAJNAWAT SAJNAWAT Date: 2020.01.17 10:55:37 +0530 Page 4 of 4