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Satish Chaturvedi v. State Of U.P. - WRIT - C No. 32844 of 1997  RD-AH 51 (1 January 2006)
Court No. 9
Civil Misc. Writ Petition No. 32844 of 1997
State of U.P. & others
Hon'ble Sunil Ambwani, J.
Hon'ble Vikram Nath, J.
We have heard Sri M.K. Gupta for petitioner; Sri S.M.A. Kazmi, Chief Standing Counsel for State respondents; Sri M.B. Saxena, as amicus curiae; Sri S.D. Kautilya for Nagar Nigam, Allahabad, Sri A.K. Gupta for M/s Jai Durga Diagnostic Centre, applicant for intervention, Sri M.M.D. Agarwal for Jal Nigam, Sri W.H. Khan for U.P. Power Corporation and Sri M.A. Quadeer for U.P. Public Services Commission.
Dr. Manisha Dwivedi & Dr. S.P. Misra of Moti Lal Nehru Medical College, Allahabad; Dr. V.K. Goyal, Senior Medical Superintendent of Swaroop Rani Hospital and the officials of power corporation are present in Court.
The matter is fixed today in this Public Interest Litigation for reporting compliance of the previous orders and for monitoring. We have heard learned counsels for the parties, and all present at length. In order to give effect to our previous directions, we issue further directions as follows;
A. THE STATE GOVERNMENT
With regard to directions A-1, A-2, A-3, & A-4 in our order dated 3.12.2004 Sri S.M.A. Kazmi, Chief Standing Counsel submits that requisite steps have been taken by the State Government. He has produced letters sent by Director General, Medical Education and Training, U.P. to the Principal, Moti Lal Nehru Medical College, Allahabad dated 6.1.2005; the order of the Director, Local Funds Accounts and Audit Department, Lucknow, U.P. dated 16.12.2004; the letter of the Secretary, Government of U.P. to the Secretary, U.P. Public Services Commission dated 31.12.2004;
the letter of the Director General, Medical Education and Training, U.P. to the Principal Secretary, Medical Health, Government of U.P. dated 31.12.2004. From these letters, we find that Sri Sanad Kumar, Finance Officer is already posted in the College w.e.f. 25.2.2004 and that by order dated 16.12.2004 passed by Director of Local Fund Audit and Accounts; Sri Shyam Lal Pandey, Senior Auditor has been posted at Swroop Rani Nehru Hospital, Allahabad, to assist the Principal of the College, as desired by her to maintain the accuracy and transparency in accounting.
These letters further state that decentralisation of financial powers are under consideration of the Finance Department of the State Government. With regard to direction no. A-2, the matter of sanction and disbursement for maintenance of the medical equipments in the Hospitals, is under consideration with the Finance Department of the State Government.
Sri S.M.A. Kazmi has referred to these letters in which with regard to direction no. A-3 & A-4, it is stated that the proposed dual policy of reduction of user charges for poor patients and for reimposition of user charges is under consideration of the State Government with emphasis for making these facilities free to poor patients. The direction no. A-6 is being complied with inasmuch two meetings namely dated 22.12.2004 and 4.1.2005 have been held for the effective implementation of the orders of the court. Dr. Manisha Dwivedi representing the Principal of Medical College states that the Principal has attended these meetings at Allahabad and Lucknow respectively. In compliance of direction no. A-7, the respondents have brought on record a request made to the Principal of the Medical College for giving and providing details of vacancies on the existing sanction posts and requirement for additional posts. So far as the post of Principal Superintendent, Chief Medical Superintendent, Deputy Superintendent, staff nurses & sisters, we find that directions have been issued on 31.12.2004 to the Principal Secretary, Medical and Health to fill up immediately these posts.
Sri S.M.A. Kazmi informs the Court that the matter is under active consideration in the State Government and after receiving the requisite informations, the necessary steps shall be taken. Sri S.M.A. Kazmi also
submits that in compliance with the order dated 17.12.2004 the police men at the police out post at S.R.N. Hospital have been replaced with new hands. We remind Sri S.M.A. Kazmi that these police personnel are also required to check encroachments both inside and outside the Hospital and the entry of unauthorised persons and persons carrying firearms. The S.S.P., Allahabad shall also ensure that a police out post is also established in M.D. (Eye) Hospital and S.N. Children Hospital each, as all these Hospitals are visited by thousand of patients every day.
B. THE UP PUBLIC SERVICE COMMISSION, ALLAHABAD
Sri M.A. Quadeer has entered appearance on behalf of U.P. Public Service Commission, Allahabad and has filed an affidavit of Mohammad Abdul Mabood Siddiqui, Section Officer in U.P. Public Service Commission.
In this affidavit we find that on the requisition of the State Government, the combined selections are made for all the State Medical Colleges in U.P. For the post of six Principals a requisition was received in the month of February, 2003. While the 49 applications in response to the advertisement were in the process of scrutiny a letter was received by the Commission from Special Secretary, Medical Education dated 26.6.2004 seeking consent of the Commission for increasing the maximum of age from 50 years to 55 years. The Commission gave its consent on 20.7.2004. This necessitates the amendment of the Rules. We are informed that the Rules have been recently amended and that as soon as the fresh regulation is received all these vacancies shall be advertised afresh and the process of selection shall be initiated.
It is further stated in this affidavit filed on behalf of Commission that a requisition was received from the State Government for the posts of Professors in 14 disciplines/specialities in January, 2003. For three disciplines of Opthalmology, E.N.T. & Paediatrics the selections were made and the persons have been appointed. For the remaining 11 disciplines no one was found suitable. The Commission informed the State
Government on 28.8.2004 and that the fresh requisition is awaited. For the post of Associate Professors in 21 specialities/disciplines, selections were initiated and recommendations were made for four disciplines namely Anaesthesia, Opthalmology, Anatomy & Forensic Medicine. For remaining 17 disciplines no candidates were found suitable. This information was sent on 28.8.2004 and the fresh requisition is awaited. For the post of Assistant Professor/Lecturer the Commission received requisition in 35 disciplines/specialities. An advertisement was made in June, 2003 in pursuance of the requisition in January, 2003. After the selections, recommendations were made for three posts namely in Anatomy, Radio diagnosis and Neurology in August, 2004. Regarding the remaining 32 specialities, the selection process is in progress. The scrutiny is going on and the interviews are likely to take place in March, 2005.
We find that on account of delay on part of the State Government in amending the Rules and sending fresh requisition, the selection process has been unreasonably delayed. Sri S.M.A. Kazmi has assured the Court that the State Government shall immediately send fresh requisitions for the post of Principal and for Professors and Associate Professors for the remaining disciplines. Sri M.A. Quadeer has assured that on the next date he will submit a time bound programme within which the selection for Assistant Professor shall be concluded, and the time frame within which the selection for the post of Principal, Professors and Associate Professors will be completed after receiving the requisition from the State Government.
C. THE PRINCIPAL AND CHIEF MEDICAL SUPERINTENDENT
Sri Rathore appearing for the Principal and Chief Medical Superintendent of the Medical College informs that the Public Works Department has been entrusted with the job of survey and to provide details of the maintenance works which is required to be carried out. Sri M.B. Saxena, as amicus curiae informs that the survey is being conducted at a very slow pace. Sri S.M.A. Kazmi has assured that the Public Works Department will complete the survey within next 15 days and will submit
the proposals to the Principal.
We find that inspite of clear and specific directions, the Principal of the College has not associated the Registrar (Budget) of the High Court, in the financial matters and in the scrutiny of the tenders, purchase exchange and payments to be made by the College. We make it clear all over again and restrain the Principal of the Medical College and the Senior Medical Superintendent to deal with any financial matters and to make payments except by associating and with joint deliberation and approval. No tenders shall be finalised and no payment shall be made unless and until the Registrar (Budget), High Court also approves and signs the documents.
It is stated in the affidavit of Dr. V.K. Goyal the officiating Senior Medical Superintendent that tender notice has been issued with regard to purchase of the requirements of the hospital and has annexed the agreement with M/S Kee Lok Security Service 154/2 Sulem Sarai, Allahabad through Sri S.K. Jacob for security as well as an agreement with the same firm through Sri S.K. Jacob for sanitation. We express our serious concern in the manner in which the agreements have been executed. These agreements do not give the details of the works to be performed. The agreement do not provide for the minimum number of employees to be engaged for security and sanitation. The agreements are vague and leave a lot of room for the firms, to commit defaults. In any case we are not commenting upon the work at present. We request Sri M.B. Saxena, as amicus curiae to carry out the fresh inspections with regard to security, sanitation as well as efficiency of the employees and their work schedule. The Senior Medical Superintendent and Sri S.P. Misra have assured the Court to submit detailed proposals for supervision of the security and sanitation of the Hospitals.
D. M/S DURGA DIAGNOSTIC CENTRE
An affidavit has been filed on behalf of Jai Durga Diagnostic Centre stating that they have deposited the 10% of the charges of the tests, as provided under the agreement with the Principal of the Medical College,
and that they will continue to deposit the amount and are abiding with the terms and conditions of the agreement for providing free diagnostic services at the rate of 15% of the total tests performed. The Senior Medical Superintendent has prepared a proforma for such free tests which shall be honoured by the M/S Durga Diagnostic Centre.
On enquiries we are were told that this private Diagnostic Centre is also carrying on Ultrasound test. We do not find anything in the agreement or the rate scheduled which may authorise M/S Durga Diagnostic Centre to perform ultrasound tests. It was explained that the Colour Doppler includes the services of ultrasound as well. We are not inclined to accept this explanation in as much as only those commercial activities, which are permitted by the State Government can be carried out inside the premises of these Hospitals. M/S Jai Durga Diagnostic Centre is restrained from carrying out any tests other than the test authorised by the agreement with the State Government, for which a specific rate schedule is appended to the agreement and to charge any amount in excess thereof.
Dr. V.K. Goyal in paragraph 22 to 29 of his affidavit has given the categories and has annexed the list of the unauthorised occupants. The persons in the first category have made extra unauthorised constructions, the second category is of those defaulters, who are unauthorisedly occupying the premises either as transferred employees, retired employees or trespassers. Sri Rathore informs that the applications for permission to regularise the non conforming constructions are pending with the Principal.
We direct the Principal to prepare guidelines with regard to the permission. She shall not permit constructions beyond the original constructed areas of accommodation and shall not regularise any encroachments. She shall strictly adhere to the guidelines prepared by her. The dues of the defaulters shall be recovered from their salaries. In case of employees of any other department or there who have been transferred, the department or the treasury concerned shall be required to realise these dues from the salaries of such persons for which adequate notice has already been given by the Principal to the defaulters.
From the list appended to this affidavit we find that some persons
who are not working in the college and in the hospitals have been allotted residential accommodations by the District Magistrate, Allahabad. We do not find any justification to allow any person other than the person who is working in the college and hospitals to occupy, the premises inside the college or hospital. Sri S.M.A. Kazmi has assured the court that the District Magistrate shall cancel all these allotments and ask such persons to vacate within a reasonable time. We fix three month's time to all these persons to vacate the accommodation inside the college and the hospital.
The drive to demolish the unauthorisedly constructions and to evict unauthorised occupants, shall be concluded by 31.1.2005. Sri S.M.A. Kazmi appearing for the State has assured as soon as the Principal of the College informs and fix a date the requisite bulldozer and police force shall be sent for carrying out the demolition and evictions. Let this be done by the principal before 31.1.2005 and for this purpose we are informed that adequate notices have already been given to these employees.
So far as the direction No. C-6 is concerned, Senior Medical Superintendent in his affidavit has annexed the authority letters and the photocopy of the agreements which have been provided by these three shops. One of them M/S Sushila Medical Store has not submitted any agreement. We do not find that these agreements are registered. We are informed by the Senior Medical Superintendent that none of these medical shop keepers have deposited rent as provided in the alleged agreement. Since the Principal of the College, the policy of the State Government as well as all present in Court have suggested and we also find it expedient that no commercial activity should be carried out inside the hospital except when it is extremely essential, the presence of medical shops carrying out commercial activity, inside the hospital premises without any administrative control of the hospital administration. It is counter productive to the entire purpose of such a large hospital serving people. It not only gives an occasion for mal-practice pilferage of hospital supplies and medicines, but also gives an opportunity to these persons to misuse their position and to bring out siders in the premises of the hospital. We do not find any
justification to allow these medical shops to continue inside the hospital carrying out commercial activities. They have also not demonstrated to the Principal that their constructions were raised after getting any plans sanctioned from the Principal or Municipal authority. We, therefore, direct the Principal of the college to give notice to all these four shops terminating their lease and ask them to vacate on the expiry of 30 days from the date of service of the notice. These notices shall be given within a week and served upon these shops keepers both by personal service as well as registered post.
Regarding direction no. C-7 we are informed that an attendance register has been maintained which has not been produced before the Court. Sri Rathor submits that the attendance register of the staff performing clinical duties shall be produced on the next date. We reiterate our directions that duty charts shall be displayed with directions at prominent places. Duty hours of each doctors shall be displayed prominently in front of their chambers. We are informed that only some of the professors are attending the clinical duties regularly. The Court is seriously concerned with the prevailing conditions and find that college teaching staff with clinical duties is acting against the service rules which prohibit private practice. They must attend to the hospital duties. We are issuing an appeal to all the teaching staff, for the third time with the hope and trust that all the teaching staff assigned clinical duties will realise their responsibilities and adhere to the service rules. They are requested to give up their private practice and to perform duties for which they are receiving salary and the non-practice allowance. This matter shall again be taken up on the next date.
E. MUNICIPAL COMMISSIONER
Sri S.D. Kautilya appearing for the Municipal Commissioner has filed an affidavit of compliance. He has given the number of vehicles and the persons, who have been assigned for lifting the hospital waste every day. He has also informed that a drive has been taken to remove the unauthorised cattle and animals from the premises of all the hospitals. He
has assured the Court that necessary steps shall be taken in this regard and there shall be no cause of complaint. A drive was also undertaken to remove the poultry shops at the Katju road adjoining the M.D. (Eye) Hospital. The Senior Medical Superintendent present has assured that he will make regular and reasonable payments for lifting the hospital waste regularly to the Nagar Nigam
F. THE U.P. POWER CORPORATION
Sri J.H. Khan holding brief of Sri W.H. Khan submits that the concerned engineer of the U.P. Power Corporation is present. We are informed that regular supply of electricity, has been restored to the Hospital. However, there are still power cuts and faults which need rectification and on account of which the Hospital staff and patients are suffering.
We find that there is a lack of coordination between the Jal Nigam and U.P. Power Corporation. They have assured to Court that they will coordinate among themselves and as certified by U.P. Jal Nigam the six transformers, requiring minor repairs will be restored and shall be made functional.
G. THE U.P. JAL NIGAM
Sri M.M.D. Agarwal has informed the Court that the chocked sewer line has been cleared. He submits that dairy farms behind the hospital are raising serious problems to sewers. We direct the Nagar Nigam, Allahabad to look into the matter and to prohibit the dairy owners from discharging the waste in the sewer lines. Sri Agarwal has submitted a detailed report and estimate to improve water supply on long term basis. The Principal of the college shall look into the report and submit her comments. The Jal Nigam is also required to inform the immediate expenses required for maintenance of the water pumps tanks, and sewer lines.
H. THE CHIEF MEDICAL OFFICER
Sri S.M.A. Kazmi informs that the District Magistrate is looking for alternative place for shifting the mortuary with post mortem facility. We find that there are some reservations in this regard and reiterate our direction that the mortuary with post mortem facility should be shifted to remove continuous nuisance caused to the hospital and the patients. Although we are not satisfied with the efforts made by both the District Magistrate and the CMO, on the assurance of Sri S.M.A. Kazmi we give him time upto 21.1.2005 to shift the mortuary with post mortem facility, to any appropriate place outside the premises of the hospital.
List on 21.1.2005. A copy of this order may be given to Sri M.K. Gupta, Sri S.M.A. Kazmi, Sri M.B. Saxena, Sri S.D. Kautilya, Sri W.HJ. Khan, Sri M.M.D. Agarwal, Sri M.A. Quadeer free of cost to be collected from the concerned section.
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