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Rajesh Kumar Srivastava v. Shri A.P.Verma And Others - CONTEMPT APPLICATION (CIVIL) No. 820 of 2002  RD-AH 2399 (31 January 2006)
Civil Misc. Contempt Case No.820 of 2002
Rajesh Kumar Srivastava Vs. Shri A.P. Verma and others
Date of Order : 31st January, 2006
Hon. Sunil Ambwani, J.
In compliance with the previous orders, the last of which was passed on 18.1.2006, Shri J.K. Tiwari, learned Standing Counsel looking after the case has filed the XXXVth Supplementary Counter Affidavit of Shri Shiv Kumar Shukla, Under Secretary, Medical & Health Department, Government of U.P., Civil Secretariat, Lucknow, stating as follows:
1.That the deponent above named is presently posted as Under Secretary, Medical & Health Department, Government of U.P., Civil Secretariat, Lucknow and as such he has been authorized to file this Counter Affidavit on behalf of State of U.P. through Principal Secretary, Medical & Health U.P. and as such he is fully acquainted with the facts deposed below.
2.That in compliance of the directions issued by this Hon'ble Court vide order dated 18.1.2006, it is stated that the total number of CHCs are 386 and PHCs are 3640 and the total sanctioned posts for CHCs and PHCs are 8071. Out of the total sanctioned strength, 5781 posts are filled and 2290 posts are vacant. Table is annexed here with as Annexure No.1 to this Supplementary Counter Affidavit.
3.That in compliance of directions to give the copy of "Clinical Establishment Bill", it is stated that the aforesaid bill is pending at the inter-ministerial consideration to be presented in the Parliament. The proposed Bill involves issues for which the State Government has submitted the proposed guidelines. It is also stated that a copy of the aforesaid Bill is annexed here with as Annexure No.2 for kind perusal of this Hon'ble Court.
4.That in compliance of the directions of this Hon'ble Court to implement the transfer policy effectively with special emphasis of posting of doctors in rural areas, it is stated that 5781 Medical Officers have been posted at CHCs & PHCs. Total 994 doctors have been appointed on contractual basis to fill the vacancies at PHC level and process to fill remaining vacancies on contractual basis is going on; so as to avoid hardship to common people till regular appointment is made. It is also stated that a requisition has been sent to U.P. Public Service Commission to ensure selection for 2116 posts. Scrutiny in the department at the Govt. level is still going on to detect the availability of doctors to post them at CHCs and PHCs in accordance to the Rules and GOs in compliance of the directions of this Hon'ble Court.
Heard Shri S.M.A. Kazmi, Addl. Advocate General assisted by Shri J.K. Tiwari, learned standing counsel for the State, Shri P.S. Baghel appears for U.P. Public Service Commission, Shri Hem Pratap Singh, Shri Jeewan Prakash Sharma and Shri Jayant Banerjee appeared as amicus curiae.
State summery of the Medical Officers posted in PHCs and CHCs annexed to the affidavit of Shri Shiv Kumar Shukla is reproduced as under:
Department of Medical & Health, Uttar Pradesh
No of PHC 3640
No of CHC 386
The summery shows that there are 2290 vacant posts in rural areas and that there are 2126 vacancies in the department. This demonstrates that the entire vacancies have been kept in rural areas. The Court does not approve the approach of the State Government towards rural health. It has been reported that 70% doctors including the government doctors are in urban areas where only 30% population of the State lives. This leaves a yawning gap in rural health care, coupled with a situation of absenteeism of both doctors and para medical staff, in rural areas. Day after day it is reported in media that understaffed CHCs and PHCs with large number of vacancies of both doctors and paramedical staff, do not function at all. This gives rise to growth of unauthorized medical care in rural areas, sought to be remedied by the Apex Court and monitored in these proceedings.
Let this gap of postings be reduced and as directed earlier special efforts should be made to post the government doctors in rural areas. It was reported to this Court earlier that under the service rules all doctors are required to serve for at least for five years in general category and four years in special category in rural areas. Let the statutory rules be followed and postings be made accordingly.
Shri P.S. Baghel, learned counsel appearing for U.P. Public Service Commission has assured the Court that he will explain as to why requisition of 2126 posts has not been attended. He will also provide time bound programme to fill up these posts with the reminder that this Court is making such request for last more than two years. The appointment of 994 doctors on contractual basis, is appreciable but has hardly served the purpose. Let there be monitoring over their attendance at the places where they are posted.
After hearing Shri S.M.A. Kazmi, Addl. Advocate General, Government of U.P., the Court finds it necessary to issue following directions, to ensure the attendance of doctors and paramedical staff in rural areas:
1. Each Chief Medical Officer and Deputy Chief Medical Officer will make inspection of atleast one CHCs and PHCs respectively every week. The Principal Secretary, Medical & Health, Govt. of U.P. shall prepare a standard forms/ reports (In Hindi) for inspections. This shall include the number of sanctioned posts, the doctors and paramedical staff posted, their attendance of the last quarter, the facilities available, the functionality of the medical equipment made available, the number of patients attended in OPC and admitted in wards, the number of operations and medical procedures performed etc. The form shall be prepared in such a way that the statistics may be compiled at the Directorate district wise. Strict instructions be issued to Chief Medical Officer and Deputy Chief Medical Officer to complete the forms/ reports of their inspection every month. The data so compiled shall be forwarded on the next day of every inspection to nodal agency to be set up at the Directorate in Lucknow.
2. Every inspection memo (in Hindi) shall be signed by Block Pramukh and Block Development Officer in case of CHCs and Pradhan/ VDO of the villages covered by PHCs. These directions is in consonance with Article 243-H and item 23 and 24 of Schedule 11 of the Constitution of India.
3. The Principal Secretary shall initiate disciplinary proceedings against doctors and paramedical staff found absent without authorization.
4. The entire data compiled shall be forwarded to the Court every month on the date fixed in this matter.
The Secretary, Panchayati Raj, Government of U.P. shall issue directions to all the village Pradhans/ VDOs, Block Pramukhs and BDOs, local bodies, to report deficiencies and absence of doctors and paramedical staff in these PHCs/ CHCs of their area and to cooperate with CMO/ Deputy CMO in inspections, and to verify the reports.
The Clinical Establishment Bill annexed to XXXVth Supplementary Counter Affidavit of Shri Shiv Kumar Shukla shows that it was proposed on 9.10.2000. The council and the prescribed authority are proposed to represent Medical Council of India, Dental Council of India and other Councils. The medical and health is in concurrent list and thus it will not be out of place to suggest that the guidelines framed by the Committee constituted by the State Government in pursuance of the direction of this Court require consideration to be enforced.
Shri Hem Pratap Singh appearing for the state body of pathologists and Shri Jeewan Prakash Sharma appearing for the pathologists in Indian Medicine have made certain suggestions. Let the Principal Secretary constitute a committee to consider these guidelines afresh as well as objections made to it, which shall be supplied to her office by Shri J.K. Tiwari, the Standing Counsel. The committee shall consider and make their proposals, for the justification as well as the requirements of registering body and minimum facilities required in clinical establishments.
Supplementary counter affidavits (Compliance Report) of Dr. Mahesh Chandra Sharma, Regional Ayurvedic and Unani Officer, District Muzaffer Nagar, Aditya Prakash Verma, Circle Officer, Bagpat, Shri Rajveer Singh, Sub-Divisional Magistrate, Bagpat, Shri Anil Kumar Agnihotri, Tehsildar Sadar, Moradabad and Shri Ashok Kumar Vishkarma, Sub-Inspector, PS, Moondhapandey, District Moradabad have also been filed today, stating that eight Unani Medical Colleges, alleged to be functioning without any recognition of their degrees/ diplomas (detailed in order dated 18.1.2006) are actually lying closed and do not have any students. They are not having any diploma/ degrees.
The authorities are reminded to continue their vigil over such unauthorized institutions.
List again on 13.2.2006 for compliance of requisite directions to U.P. Public Service Commission and on 21.3.2006 for reporting compliance in pursuance of the directions issued today and in the previous orders.
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