“Prayagraj Is Under Grip Of Medical Mafias”: Allahabad High Court On Condition Of Swaroop Rani Nehru Hospital, Issues Directions

Noting the pathetic condition of the State run Swaroop Rani Nehru Hospital, the Allahabad High Court observed that there is a nexus between medical mafias and the staff of the hospital which is forcing the poor patients to approach private facilities of the doctors working in government hospitals.

While dealing with a case arising from consumer forum where a doctor working at the Swaroop Rani Nehru Hospital had treated the patient in his private hospital, Justice Rohit Ranjan Agarwal observed

“Prayagraj is under the grip of medical mafias. Swaroop Rani Nehru Hospital attached to Motilal Nehru Medical College is in a pathetic condition. The poor and helpless patients are being dragged by the touts posted by the medical mafias in the hospital to private medical set up, and are not being treated in the hospitals attached to the medical college.”

Observing the poor conditions of the hospital, the Court expressed its shock and called the hospital a mortuary.

In the District Consumer Forum order was passed against the Doctor, which was upheld by the State Consumer Forum. The Doctor approached the High Court against the orders of the District and State Consumer Forum.

The Court observed that a special appeal filed by the petitioner against the order of this Court was eventually converted into a Public Interest Litigation where Principal Secretary, Medical Health, Government of U.P. was asked to inform the Court as to how government doctors were allowed to run private medical practise. Consequently, the Court was informed that a number of doctors had been suspended and proceedings had been initiated against them.

Being unsatisfied with the affidavit filed on behalf of the Hospital which showed a “rosey picture”, the Court appointed two lawyers as amicus curiae who submitted an interim report which showed the pathetic condition of the hospital. Accordingly, District Magistrate, Prayagraj; Municipal Commissioner, Prayagraj; Chief Medical Officer, Prayagraj, Superintendent Incharge, Swaroop Rani Nehru Hospital and Deputy SIC were called to appear before the Court.

Upon consistent queries by the Court, Superintendent Incharge, Swaroop Rani Nehru Hospital revealed that thought the shift of the doctors started at 8am, they come around 9am and most doctors are absent during the OPD hours also. He also stated that copper pipes of VRF ACs installed in the hospital had also been stolen and no fans and ACs were working in the hospital.

The abrupt working hours of the Jan Aushadhi Kendra outside the hospital were also brought to the notice of the Court. The Court was informed that out of 5 x-ray machines, 3 were not working when the annual maintenance charges for all 5 were being paid. Similar problems were highlighted regarding ultrasound machines and the entire radiology department.

“This menace has to be stopped immediately and Superintendent Incharge has to immediately take firm action against the touts and if needed may take help of the police,” observed the Court.

“After interacting with the Superintendent Incharge as well as Deputy SIC of the hospital in question, this Court is shocked to note that Swaroop Rani Hospital cannot be at present called as hospital but rather a mortuary. There are no fans or ACs working in ICU, private wards and general wards. The copper pipes of the VRFs have been stolen and no effort has been undertaken by people incharge of the hospital to get the ACs functional before the summer season began.”

The Court held that prima facie there is a nexus between the private medical mafias and medical officers and staffs of the Swaroop Rani Nehru Hospital which crippled the infrastructure of the hospital. It noted that the residents city which hosted a successful Mahakumbh are being made to suffer for lack of proper medical infrastructure. It further observed that the State Government and ministers are ignoring their responsibilities towards the city.

“The duty cast upon the officials holding high posts has not been discharged by them in providing adequate medical facilities to the residents of Prayagraj. People have been left in the clutches of private medical setup who are charging exorbitantly for the services provided by them.”

Observing that the Court cannot shut its eyes to the apathy, it directed the Municipal Commissioner, Prayagraj to clear the sewage line, and the premises of the hospital within 48 hours. Superintendent Incharge was directed to provide a list of doctors and their OPD time for the entire week to the office of District Magistrate and the same shall be published in daily newspapers. The DM has been directed to constitute a team to keep check on doctors indulging in private practise.

Further directions have been issued regarding letting out of lawns of Motilal Nehru Medical College for hosting marriages and private parties, functioning of unauthorized shops in the campus, and security of the hospital.

An interim report is to be filed before the Court on 29.05.2025.

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