A Division Bench of the High Court of J&K and Ladakh comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary expressed displeasure over the poor health facilities in the UTs of Jammu & Kashmir and Ladakh Union Territories (UTs).
The Court was also unhappy with the non-filing of a response by both UTs to the 14 suggestions for improving healthcare in peripheral areas filed by Advocate Sheikh Shakeel Ahmed on behalf of petitioner Balwinder Singh.
The Division Bench heard Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan, and Mohd Zulkarnain Chowdhary appearing for the petitioner Balwinder Singh (a prominent RTI activist), whereas Sr AAG S S Nanda appearing for UT of J&K, DSGI Vishal Sharma appearing for UT of Ladakh in the much publicized Public Interest Litigation.
“It is also stated that many Medical Officers, who are posted in the health institutions of the rural areas, manage their deputations/attachments in the urban areas, leaving the rural population without medical facilities at their respective places. Such a casual approach of not providing health facilities in the rural areas sometimes contributes to avoidable untimely deaths.”
Advocate SS Ahmed appearing for the petitioner submitted that since the year 2012, no recruitment has been made for filling up the posts of Dental Surgeons in the UT of Jammu and Kashmir and, he also drew the attention of the Court for insufficient posts of Dental Surgeons, which requires to be augmented in the rural areas so that the people here, particularly those in their advanced age, are not forced to travel up to the cities of Jammu and Srinagar to seek dental services.
The Division Bench while expressing displeasure further observed, “It is very strange that the basic amenities of health are being dealt with casually, particularly in the rural areas of the UTs of Jammu and Kashmir and Ladakh. Providing health facilities, which is the basic need of the public, must be the priority of the government in a welfare state.”
The Division Bench, given the inadequate healthcare facilities in both the UTs, expressing anguish, further observed, “This Court records its anguish over the health facilities in the UTs of Jammu and Kashmir and Ladakh and the respondent-UT of Jammu and Kashmir is directed to take a holistic view of the matter, to ensure that the basic health facilities are made available to the people.
”The respondent — Department of Health and Medical Education — is expected to take a call on the creation of posts of Medical Officers, Dental Surgeons, Consultants, and Para Medics in the health institutions across the UTs of Jammu and Kashmir and Ladakh, particularly in the peripheral areas and also ensure that the posts already created are filled up on a fast-track basis and attachments made from the rural health institutions to the cities is stopped forthwith so that the people of rural areas get some solace, on their health issues,” the court said.
The Division Bench further observed that ”the Health & Medical Education Department of J&K Government in its status report, pursuant to Order dated 16.03.2023 had given district-wise staff strength of Medical Officers/Para Medics, both for Jammu Division as well as Kashmir Division, which indicates that as against the sanctioned strength of 1,390 of Medical Officers, only 726 are in position leaving 664 vacancies of Medical Officers in Jammu Division whereas, against the sanctioned strength of 1,467, only 1,395 Medical Officers are in position in Kashmir Division leaving 72 vacancies.”
”It has been further submitted that as against the sanctioned strength of 6,868 Para Medics, only 4379 are in place leaving 2489 vacancies in Jammu Division, whereas, against the sanctioned strength of 8628 vacancies of paramedical staff, only 5976 are in position, leaving 2651 vacancies of paramedical staff in Kashmir Division,” the court said.
The Division Bench further observed that the aforestated figures indicate the dismal performance of the UT of Jammu and Kashmir in filling up the vacancies of doctors as well as paramedical staff, particularly in the districts and peripheral areas where people have been suffering for want of health facilities.
Recently 17 deaths have taken place in Badhal area of Rajouri district due to some mysterious disease and it has been a trend with the District Hospitals and the Public Health Centers (PHCs) across the UTs of Jammu and Kashmir and Ladakh that even manageable cases of ailments in absence of doctors are referred to the medical colleges of Jammu and Srinagar or some super-specialty hospitals, which adds further workload to those institutions.
At this stage, DSGI Vishal Sharma, appearing for the UT of Ladakh, submitted that the vacancies of Dental Surgeons have been recently filled up in the UT of Ladakh. The Division Bench directed DSGI Sharma to file a compliance report indicating the availability of Consultants of various fields particularly of critical units like Cardiology and Oncology in the hospitals of Leh and Kargil as the people of UT of Ladakh in the absence of such facilities can hardly reach timely to the cities of Delhi, Chandigarh, Jammu or Srinagar to avail the medical facilities.
Advocate SS Ahmed, appearing for the petitioner further, submitted that on November 2, 2024, as many as 14 suggestions were submitted before the court on behalf of the petitioner Balwinder Singh who after discussing the matter with experts had suggested remedial measures for improving the ailing health care in the UT of Jammu & Kashmir with special reference to rural areas.
Advocate Ahmed further submitted that the Division Bench vide its Order dated 17 December 2024 had granted two weeks time to Senior AAG SS Nanda and DSGI Vishal Sharma to file their response to the 14 suggestions on behalf of both the UTs but despite the lapse of more than eight weeks, the needful has not been done which shows the non-serious approach towards the health care of those living in far-flung areas of both the UTs.
After taking serious note of the submissions made by Advocate SS Ahmed, the Division Bench while castigating the callous attitude of both the UTs directed the Health & Medical Education Department of both the UTs to file a response affidavit to the 14 suggestions within four weeks and the same shall also indicate the steps taken for the creation of posts of the Medical Officers, Dental Surgeons, Consultants and Para-Medics in the Health Institutions particularly in the peripheral areas.
The Division Bench also directed Registrar Judicial, Jammu to supply a copy of this order to the Chief Secretaries of both the UTs and looking into the importance of the matter, the court also directed the Registry to re-notify the instant PIL on 5 March 2025.