Jharkhand High Court
Jyoti Sharma vs The State Of Jharkhand & Ors on 26 August, 2022
Author: Ravi Ranjan
Bench: Chief Justice, Sujit Narayan Prasad
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 1301 of 2020
Court on its own motion
Versus
State of Jharkhand ... ... Respondent
with
W.P. (PIL) No. 4736 of 2018
Jyoti Sharma .... .... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Respondents
with
W.P. (PIL) No. 1302 of 2020
The Court on its own motion on the letter of Arun Kumar Dubey
Versus
The State of Jharkhand ... ... Respondent
with
W.P. (PIL) No. 1308 of 2020
Court on its own motion
Versus
The State of Jharkhand ... ... Respondent
with
W.P. (PIL) No. 2328 of 2020
Rajeev Kumar ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Respondents
with
W.P. (S) No. 256 of 2021
Chandan Kumar Koundilya @ Chandan Kumar Kaundilya & Ors.
... ... Petitioners
Versus
Rajendra Institute of Medical Sciences through its Director & Ors.
... ... Respondents
with
W.P. (S) No. 939 of 2021
Nagendra Mahli & Ors. ... ... Petitioners
Versus
Rajendra Institute of Medical Sciences through its Director & Ors.
... ... Respondents
with
W.P. (S) No. 1032 of 2021
Pintu Kumar & Ors. ... ... Petitioners
Versus
Rajendra Institute of Medical Sciences & Ors.
... ... Respondents
with
W.P. (S) No. 1553 of 2021
Shivam Kumar Singh & Ors. ... ... Petitioners
Versus
Rajendra Institute of Medical Sciences & Ors.
... ... Respondents
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CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mr. Rohit Ranjan Sinha, Advocate
For the State : Mr. Sachin Kumar, A.A.G-II
: Mr. Piyush Chitresh, A.C. to A.G.
For the RIMS/JSSC : Dr. Ashok Kumar Singh, Advocates.
For the UOI : Mr. Prashant Pallav, A.S.G.I.
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Oral Order
62/Dated : 26.08.2022
Affidavits have been filed on behalf of the Rajendra Institute of Medical Sciences, Ranchi (RIMS) by way of an Interlocutory Application for extension of time, since, the selection process will take some time, reason being that the correspondence has been made to the Personnel, Administrative Reforms and Rajbhasha Department of the State of Jharkhand for roster clearance vide communication dated 13.03.2022.
2. This Court has already delved upon such stand, so far as it relates to filling up of the Class-IV posts which were directed to be concluded within the period of four weeks from the order dated 28.01.2022. Assailing that Special Leave Petition was filed but the same has been withdrawn with a liberty to file review petition. Review petition was filed which has also been dismissed vide order dated 13.05.2022 but even then after completion of the period of four months the process of selection has not been concluded.
3. This Court, on perusal of the affidavit, has found that the plea has been taken that the matter pertaining to roster clearance, so far as it relates to Class-III posts are concerned, is lying pending with the Personnel, Administrative Reforms and Rajbhasha Department of Government of Jharkhand. We, therefore, put a query upon the learned 3 counsel appearing for the RIMS that when there is no provision to seek roster clearance from the State Government then why and under what circumstances the roster clearance has been sought from the concerned department.
4. Dr. Ashok Kumar Singh, learned counsel appearing for the RIMS, on instruction, submits that the said letter ought not have been sent to the Government for roster clearance and as such, he submits that the process of selection is to be concluded so far as it relates to Class-III employees, on the basis of the roster point which is already available in the RIMS.
5. This Court has passed order on 15.03.2022 deliberating upon the issue as to whether the roster clearance is required to be provided by the State Government to the RIMS, which is an autonomous body, discussing the facts in entirety as would appear from Paragraph nos.12, 13, 14 and 15 of the aforesaid order. For ready reference the same are being referred herein:-
"12. This Court, on the basis of the submission made on behalf of learned Advocate General and the officers concerned, is of the view that there is no dispute about the fact that the reservation policy is to be formulated by the State of Jharkhand and it is binding upon the establishments which are under the direct control of the State of Jharkhand.
We, after considering the RIMS Act, 2002, known as Rajendra Medical Institute Act, 2002, wherein under the provision of Section 7 it has been stipulated that the Rajendra Institute of Medical Science will be an autonomous institution and to be managed by the Governing Council. For ready reference, the aforesaid provision is quoted hereunder:-
"(7) -
:-
(i)
4
(ii)
(iii) ,
(iv)
(v) ,
(vi) , , ई
(vii) ,
(viii) , , ,
,
(ix) , ( ),
(x)
(xi)
(xii)
(xiii)
(xiv)
Further, the financial power has also been vested upon the Governing Council, as would appear from provision of Section 12.
It further appears from the provision of Section 29 which speaks about the control of the State Government wherein it has been provided that the institute will follow the guidelines which will be issued from time to time by the State Government in order to make the institute efficient and to achieve its object and intent. For ready reference, Section 29 is being referred as under :-
"(29) - -
।"
Section 28 provides the benefit of reservation to be provided in the matter of admission of students, recruitment, for all posts and promotion on the basis of reservation policy of the State of Jharkhand. The aforesaid provision reads as under :-
"(28) - ,
।"
13. Learned Advocate General or the Additional Chief Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand or the Secretary, Personnel, Administrative Reforms and Rajbhasha Department was not able to bring to the notice of this Court any provision which is required to 5 be followed in RIMS so far as the roster clearance prepared by the Personnel, Administrative Reforms and Rajbhasha Department of the State of Jharkhand is concerned.
However, learned Advocate General has drawn the attention of this Court towards the Regulation notified on 8th September, 2014 wherein under Regulation 4(xii) it has been stipulated that the Governing Body, in order to make appointment, will follow the roster clearance after obtaining advice from the Personnel, Administrative Reforms and Rajbhasha Department.
14. We have put a specific question upon learned Advocate General that why such provision contained under Regulation 4(xii) of the Regulation, 2014 is being relied upon when such provision is not available under the Act, 2002.
We have also put a specific query that such stipulation made under Regulation 4(xii) can it be said to be in consonance with the parent Act i.e., RIMS Act, 2002, wherein there is no such provision to that effect, as such, can it not be treated to be ultra vires to the parent Act.
This Court, is further of the view that when the RIMS Act, 2002, being the parent Act, has been enacted with the object and intent to give the RIMS status of „Autonomous Body‟ and if any contrary provision is being made in the Regulation for the purpose to snatch away the very nature of institute, making it under the control of the State Government, will it not be in the teeth of the statutory provision as under the RIMS Act, 2002.
15. We, on the basis of such legal position, deem it fit and proper to direct the Director, RIMS to convene the meeting of Governing Council to deliberate upon the issue as to whether the provision as has been made under Regulation 4(xii) can be said to be in consonance with the RIMS Act, 2002 and if not, then why such provision will be allowed to remain in the Regulation.
The Director, RIMS is directed to communicate the fact about convening the meeting of the Governing Council to the Chairman/Members so that the meeting of the Governing Council be held at an early date.
The Director, RIMS is further directed to bring it to the notice of this Court about the decision of the Governing Council by way of affidavit on or before next date of hearing."6
6. This Court, since has already directed the Director, RIMS to convene the meeting of the Governing Council to deliberate upon the issue as to whether the provision as has been made under Regulation 4(xii), can be said to be in consonance with the RIMS Act, 2002 and if not, then why such provision should be allowed to remain in the Regulations? The Director, RIMS was directed to communicate the fact about convening the meeting of the Governing Council to the Chairman/Members, so that the meeting of the Governing Council could be held at an early date.
The Director, RIMS has further been directed to bring to the notice of this Court about the decision of the Governing Council to be filed by way of an affidavit on or before the next date of hearing. But no affidavit has been filed. Therefore, this Court took it very seriously and was about to comment upon the same, but in order to provide an opportunity granting one indulgence to file affidavit in terms of the direction already passed by this Court as under Paragraph-15 of the order dated 15.03.2022.
Therefore, let an affidavit be filed in terms of the direction already passed by this Court, as under Paragraph-15 of the order dated 15.03.2022.
7. The details about the examination with the scheduled date for its conclusion has been furnished under the signature of four signatories signed on 25.08.2022. Therefore, it is evident that the process of selection to fill up the post of Nurses and Pracharikas has already begun since written examination has been conducted on 16.07.2022 and the result will be published within a week, as has been submitted at Bar, by 7 Dr. Ashok Kumar Singh, learned counsel appearing for the RIMS, in presence of officer representing RIMS.
Let the aforesaid document, duly been signed by the four signatories on 25.08.2022, be kept on record.
8. Learned counsel appearing for the RIMS, referring to the newspaper clipping wherein it has been widely published that the Cath.- Lab., which is one of the best quality throughout the country, has been kept by covering with the plastic due to leakage in roof during rains. As such, there is no testing facility available from the aforesaid Cath.-Lab.
9. It has further been reported that the Ultra Sound Machine in the RIMS is not functioning for the last six months and as such patients are running for the Ultra-Sonography to the private centre. It has also been reported that new C.T. Scan Machine is also not functioning due to non-availability of films. regent
10. The RIMS is said to be a premier institute for the entire State of Jharkhand but it has been informed that day-to-day materials for its laboratory like syringe, cotton, bandage, x-ray plates, reagents required for pathological tests, etc. are not available. We put a query that why the Ultra Sound Machine is not working for the last six months and the Cath.-Lab. is not functioning due to leakage of water from roofs and the new C.T. Scan Machine is also not functioning due to non-availability of the film and even the materials which is to be used on day-to-day basis i.e. syringe, cotton, bandage, x-ray plates, reagents, etc. are not available, then how the RIMS is running.
The officer concerned, representing the RIMS, who is present in Court, has apprised that such articles which are used for daily utility service i.e. syringe, cotton, bandage, x-ray plates, reagents, etc., as per 8 the State Government policy, would have to be purchased through the Jharkhand Medical and Health Infrastructure Development & Procurement Corporation Limited (JMHIDPCL). It has further been informed that the working resolution has been placed to supply the article to be used on day-to-day basis i.e. cotton and bandage etc. but as yet, the same has not been supplied by the concerned Corporation.
11. This Court has also shown concern. The situation of RIMS is in such a worst condition that though the new machines i.e., Ultra Sound Machine, Cath.-Lab. and C.T. Scan Machines have been purchased after judicial intervention by this Court, still they are not in operational condition. We wonder what the poor patients will do and how they will get the treatment.
Now, they are compelled to move to the private labs for which they are paying heavy cost, as such, this Court has put a query upon the learned State counsel that what the Government is doing, that too when the non-functioning of the different machines has widely been reported in the daily news paper? Learned Additional Advocate General-II is not in a position to answer the same, as such, we decided to call the Additional Chief Secretary, Health of the State of Jharkhand as also the Managing Director, Jharkhand Medical and Health Infrastructure Development & Procurement Corporation Limited (JMHIDPCL). Mr. Mrityunjay Kumar Baranwal, the Managing Director, of the aforesaid Corporation has appeared in person and submitted that e-tender has already been floated but certain information are required, therefore, on 05.08.2022 a letter was written to the RIMS but no information has been provided as yet.
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12. We are really intrigued and perturbed with these types of thing which is happening. In our view, there must be some assessment mechanism with the RIMS as to how much would be the requirement of usable and other things and at proper point of time steps for procurement should be taken. It is further intriguing as to why after receiving letter on 05.08.2022 necessary information has not been supplied as yet and the patients are suffering.
13. Dr. Ashok Kumar Singh, learned counsel appearing for the RIMS has submitted that within one week everything would be done.
14. In our view, this will be further wastage of time. Within a couple of days required information should be sent to the RIMS by the Managing Director, Jharkhand Medical and Health Infrastructure Development & Procurement Corporation Limited (JMHIDPCL) so that immediate steps for procurement of the materials could be taken by it.
15. It is also undertaken by Mr. Vivek Kashyap, Prof. PSM Department, RIMS, Ranchi who is present in the Court that Cath.-Lab. would become operational by day after tomorrow.
16. Mr. Vivek Kashyap, Prof. PSM Department, RIMS, Ranchi has further undertaken before this Court that the Ultra Sound Machine and the C.T. Scan Machine, which is lying closed warranting maintenance, will also be made operational without further delay.
17. It has also been informed in course of hearing that the new C.T. Scan Machine has not been installed although the same has been purchased and has also come to the country.
18. Let an affidavit be filed on behalf of the Director, RIMS, giving therein details as per the queries made hereinabove, specifically stating 10 that all the machines as referred hereinabove have become functional and also regarding the installation of new C.T. Scan Machine.
19. This Court on the entirety of the facts and circumstances is constrained to observe that the Hospital is functioning without taking steps for purchase of the necessary materials in daily use for the patients without preparing or estimating in advance and that is the reason as of now, there is no daily utility service materials like syringe, cotton, bandage, x-ray plates, reagents, etc., which is used for the laboratory for the pathological test and even for the C.T. Scan Machines being purchased for trauma center, even orders have not been placed.
20. This Court, therefore, expects that soon there will be mechanism in the RIMS for periodical orders, so that such types of situation does not arise in future. This Court, therefore, directs the RIMS to apprise this Court about the aforesaid mechanism, so that the materials to be used on day to day basis and the other utility service be purchased in advance by not causing any inconvenience to the patients and to go for such necessity to the private labs.
21. The RIMS has filed an affidavit, wherein, the issue of the manpower has been raised, which, according to the RIMS is before the concerned Department of the State Government where the same is lying pending and which is one of the cause, according to the RIMS, in not providing better management in day to day function. As such, the State is directed to file response to the affidavit dated 27.07.2022, filed on behalf of the RIMS.
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22. It has also been informed that now the Governing Council of the Management of the RIMS has allowed the Doctors to go for private practice.
23. This Court has put a query that when there is Circular of the State Government allowing the Doctors non-practicing allowance then how such decision has been taken allowing the Doctors to indulge in the private practice.
24. Let the same be explained by the RIMS as also by the concerned Department of the State of Jharkhand.
25. Let the affidavits be filed, as directed hereinabove.
26. Put up these matters on 02.09.2022.
(Dr. Ravi Ranjan, C.J.) (Sujit Narayan Prasad, J.) APK/Saket/Birendra