'Providing Free Medical Aid Is Sovereign Function': P&H High Court Seeks States' Policies On Basic Medical Infrastructure At District Hospitals

Raising concerns over the lack of essential medical equipment in district hospitals, the Punjab & Haryana High Court has asked States and UT Administration to submit a detailed affidavit outlining its policy on basic medical infrastructure.

Chief Justice Sheel Nagu and Justice Sanjiv Berry said, "What is the medical policy of state as to basic medical infrastructure at every district hospital."

While noting that MRI and CT scan machine is not yet purchased in District Hospital Malerkotla, the Court said, "since providing free medical care is sovereign function of state, the affidavit should clarify why machine couldn't be purchased. The affidavit should clarify whether the machines in district hospital is owned by the hospital."

The Court was hearing a PIL filed by Bhisham Kinger highlighting the acute shortage of medical officers and deficiency in services in Government Hospital of Punjab's Malerkotla.

Considering the importance of public issue involved, the Court expanded the scope and impleaded Haryana and UT Administration of Chandigarh.

During the hearing, the Chief Justice noting the deteriorating state of Government institutions remarked, "There was a time when government schools used to flourish, now we go after Private Schools..."

State Counsel appearing for the Punjab Government submitted the affidavit of the Principle Secretary regarding filling of vacancy and it was informed that 20 medical officers are posted in Malerkotla District Hospital.

The Court sought clarification on "what efforts are made to fill up the vacancy created after transferring the medical officers."

As regard to the CT scan and MRI machines, the affidavit disclosed that e-tender was issued on May 27 but no bidder came forward, hence re-tendering was done.  

The case is now deferred to August 19, for further consideration.

Title: BHISHAM KINGER V/S STATE OF PUNJAB AND OTHERS