'Patient Waiting Since November May Not Survive Till Your Money Comes': Bombay HC Asks State For Concrete Plan To Spend Healthcare Budget

The Court also asked the State to come up with a concrete plan of spending budget allocated to the health sector in instalments.

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre were hearing a a suo motu matter, where the Court had taken cognizance of various newspaper reports highlighting large number of deaths, including those of infants, at various Government hospitals.

On 29 January, the amicus curiae told the Court that the State Government had utilized the budget only to the extent of 66% for the creation of medical infrastructure in the State. 

Today, the Court orally questioned the State as to why it is waiting till March for the disbursement of the health budget when it has a supplementary budget.

Justice Dangre orally remarked, “In Maharashtra you have supplementary budget also in month of July...so why do you have to wait till March comes?...patients require immediate medical treatment…” The judge further remarked, “If the budget doesn't get spent before 31 March, it lapse back…We know the tactics of the government…so why don't you have it in July also..”

The Court orally observed that the hospitals have to issue a tender process to purchase machinery and that funds go back if there is only a single budget allocation.

Noting that many people are dependent on government hospitals, the Court asked to give the State some solution “Try to give us some solution…Don't give us an answer that you are giving the figure that 31^st March you are releasing…a patient who is been waiting since November may not survive till March till your money comes” Justice Dangre orally remarked. CJ Aradhe also said that the State should come up with a concrete plan for spending budget in two instalments.

Further, taking note of vacancies in government hospitals, Justice Dangre orally remarked “Government medical college and hospital at Chandrapur has 80.8% vacancies...how do you cater to the patients? And out of those 20,000 people who are working, half of them will be on leave…”

The Court thus asked the State to file a compliance affidavit on the suggestions made by the amicus for the recruitment of doctors and the timeline by which the recruitment would be completed. The Court also asked it to indicate the amount sanctioned for healthcare and whether it would be possible to amend the amount allocated by 31 March 2025.

It asked the State to file the affidavit by February 20. 

Case title: High Court Of Judicature At Bombay On Its Own Motion vs. The State Of Maharashtra And Ors

(SMPIL/1/2023)