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Showing contexts for: PPP in Shera Ram And Ors vs State Of Rajasthan And Ors on 10 January, 2020Matching Fragments
D. Writ petition filed by the petitioner may kindly be allowed with costs."
3. Learned counsel for the petitioners have vehemently submitted that the adoption of the PPP Model has been detrimental to the local population, as inadequacy of infrastructure, inadequate manpower deployment and inadequate facilities granted have hit the medical facilities.
4. This Court, while going into the matter, had passed extensive order on 01.08.2019 for the respondents to check the necessary parameters for functioning of the PPP Mode, so as to ensure that the local population does not suffer the inadequacy of the medical facilities.
The said order dated 01.08.2019 passed by this Hon'ble Court reads as under:
"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 (5 of 9) [CW-1499/2018] Health Centers (PHCs) in different districts i.e. Sri Ganganagar, Nagaur, Barmer, Banswara, Sirohi etc. 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.
Thus, as per the aforementioned report, out of 75 PHCs under PPP Mode (Rural), 31 PHCs are 'Unsatisfactory', whereas 37 PHCs are 'Satisfactory'; out of 31 PHCs under PPP Mode (Urban), 05 PHCs are 'Unsatisfactory', whereas 21 PHCs are 'Satisfactory'.
6. Learned Additional Advocate General at the threshold submitted that all the PPP Mode experiments, wherever there is an unsatisfactory report, shall be discontinued with immediate effect.
7. On such assurance given by the learned Additional Advocate General, the present petitions are disposed of with the following directions:
(a) The State shall continue to monitor through the team constituted in compliance of the aforementioned order dated 01.08.2019, in a three monthly manner, so as to ascertain whether the performance of the PPP Mode of the concerned PHC is properly being done or not.
(b) Before giving any new PHC on PPP Mode, the private partners' ability to provide necessary infrastructure shall be verified, and he shall be made to sign a bond, so as to ensure that if any inadequacy is there due to his underperformance, then he shall be liable to pay compensation.