Madhya Pradesh High Court
Dr.Arvind Jain, Honoary Scry.,Ima, Mp vs The State Of M.P. & Ors on 3 January, 2022
Author: Chief Justice
Bench: Ravi Malimath
IN THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH AT
JABALPUR
rd
ON THE 3 OF JANUARY, 2022
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
WRIT PETITION No. 268 of 2001
Between:-
1. INDIAN MEDICAL ASSOCIATION M.P.
STATE BRANCH THROUGH SECRETARY
DR. ARVIND JAIN, WRIGHT TOWN,
JABALPUR (M.P.)
2. DR. BRIJESH AGRAWAL, SARAFA,
JABALPUR
3. SHRI PRETINKAR DIWAKAR, ADVOCATE,
STATE BANK COLONY, JABALPUR.
.....PETITIONERS
NONE APPEARS FOR PETITIONERS.
AND
1. THE STATE OF M.P.
THROUGH THE PRINCIPAL SECRETARY,
MEDICAL EDUCATION, BHOPAL.
2. THE STATE OF M.P.
THROUGH THE SECRETARY,
PUBLIC HEALTH & FAMILY WELFARE,
BHOPAL.
3. THE STATE OF M.P.
THROUGH THE SECRETARY,
GOVERNMENT OF M.P.,
PUBLIC WORKS DEPARTMENT,
BHOPAL.
4. SECRETARY, GOVT. OF M.P.,
DEPARTMENT OF FINANCE,
BHOPAL.
5. DIRECTOR, MEDICAL EDUCATION,
BHOPAL.
6. UNION OF INDIA,
THROUGH SECRETARY,
MINISTRY OF HEALTH & FAMILY WELFARE,
NIRMAN BHAWAN, NEW DELHI.
7. MEDICAL COUNCIL OF INDIA,
THROUGH ITS SECRETARY,
AIWAN-E-GALIB MARG, KOTLA ROAD,
OPPOSITE MATA SUNDARI COLLEGE,
NEW DELHI.
8. CHIEF MEDICAL OFFICER,
JABALPUR.
9. DEAN, NETAJI SUBHASH CHANDRA BOSE
MEDICAL COLLEGE & HOSPITAL,
JABALPUR.
10. JOINT DIRECTOR & SUPERINTENDENT,
N.S.C.B. MEDICAL COLLEGE & HOSPITAL,
JABALPUR.
11. SUPERINTENDENT,
GOVT. CANCER HOSPITAL,
JABALPUR.
12. CHAIRMAN/MINISTER OF MEDICAL EDUCATION
OF NETAJI SUBHASH CHANDRA BOSE MEDICAL
COLLEGE & HOSPITAL, THROUGH THE
CHIEF EXECUTIVE OFFICER/DEAN,
JABALPUR.
.....RESPONDENTS
MR. SWAPNIL GANGULY, GOVERNMENT ADVOCATE FOR
RESPONDENTS NO.1 TO 5 & 8 TO 12.
MR. ANOOP NAIR, ADVCOATE FOR RESPONDENT NO.7
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This petition coming on for hearing this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
This public interest litigation was initiated by the Indian Medical Association in the welfare of the Medical Colleges and Hospitals. That various deficiencies were pointed out thereon. The petition has been going on for the last 12 years. Various directions have been issued by the Court on various dates. The facilities and infrastructure in the Medical Colleges and Hospitals at Jabalpur was specifically adverted to and one of the suggestions made was to upgrade the same on the pattern of the P.G.I., Chandigarh. As a consequence whereof and after various discussions, the Government have filed the action taken report on 16.11.2021. The said report includes the facilities of like surgery, medicine, pediatrics, super specialty etc in the Hospitals at Jabalpur. They have also indicated about the existing Medical College at the Regional Spinal Injury Centre which has 80 beds. That there are super specialties such as neurology, neurosurgery, neuro-radiology and cardiology etc. That from 1983 there already exists a Cancer Hospital which provides the required treatment. It has 70 beds with the sanctioned strength of 152, however, 92 persons are already working. Medical facilities are being provided to the common man not only for basic facilities but also in super specialties.
On considering the same, by the order dated 24.11.2021, the Government Advocate was directed to furnish material to indicate that all the hospitals as stated in action taken report are actually functional with the number of doctors, nurses, paramedical and all relevant staff and other facilities are being provided thereon.
Today, the information is filed in Court pursuant to the said order. We have considered the same. The report indicates the amount of Doctors, paramedical and other facilities which are available in the Hospital.
Having considered the same, we are of the prima facie view that the action taken report as well as subsequent affidavits filed by the State would answer the cause of public interest as sought to be espoused in the petition.
Therefore, we do not find any reason to pursue this matter further. However, in case of any shortfall of any medical facilities to the public at large, the petitioners would always be entitled to move this Court by reopening this petition.
Petition is disposed off accordingly.
(RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
psm
Digitally signed by
PREM SHANKAR
MISHRA
Date: 2022.01.04
18:08:12 +05'30'