1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (PIL) No. 4715 OF2013Court On Its Own Motion Versus The State of Jharkhand & Others WITH W.P (PIL) No. 6822 OF2013Mridushila Murmu wife of Sikandar Tudu r/o village Bhetatola PO & PS Maheshpur District Pakuar Versus 1.The State of Jharkhand 2.The Principal Secretary, Deptt. Of Health Medical Education & Family Member at Nepal House, PO & PS Doranda, Distt. Ranchi 3.The Director-in-Chief, Health Services, Jharkhand at Namkum, PO & PS Namkum, Distt. Ranchi 4.The Mission Director, NRHM at Namkum PO & PS Namkum, Distt. Ranchi 5.The Civil Surgeon-cum-Chief Medical officer, Pakur, PO PS & Distt. Pakur 6.The Dy. Commissioner, Pakur, PO PS & Distt. Pakur 7.Jharkhand Public Service Commission, Circular Road, Ranchi ----- CORAM: HON'BLE MR.JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR.JUSTICE APARESH KUMAR SINGH --- For the Appellant/Petitioner : Mr.Sumeet Gadodia, Amicus Curiae (In W.P (PIL) No. 4715/2013) For the Appellant/Petitioner : Mr.K.K.Ojha (In W.P (PIL) No.6822/2013) For the Respondent-State: Mr.R.S.Mazumdar, Advocate General For the Respondent-JPSC: Mr.Rajesh Shankar ----- Order No.8 Dated 20th February, 2015 Per Virender Singh, CJ.(Oral) Taking suo motu cognizance of the news item published in the daily newspaper 'Prabhat Khabr' dated 1st of August, 2013, the Court had taken that Public Interest Litigation [now W.P (PIL) No. 4715/2013] on its own motion relating to mortality rate of the children below the age of 5 years or upto the age of 5 years in the State of Jharkhand and sought a detailed report from the State as to what steps have been taken to reduce the infant and child death.
2. The State filed its detailed counter-affidavit in which it is stated that 2 the Government has been providing health services to the people through 3958 HSCs (Health Sub-Center), 330 PHCs (Primary Health Center), 188 CHCs (Community Health Center), 12 SDHs (Sub-Divisional Hospital) and 23 DHs (District Hospital).
3. The Court, while taking into account number of PHCs as indicated in the counter affidavit filed by the State, was of the view that an average of 12 PHCs for each district may not be adequate in order to provide proper health care to the people and also for increasing the institutional delivery and to reduce the infant mortality rate, it would be most appropriate if the State takes steps for increasing the number of PHCs in a phased manner and take a policy decision in this regard. With regard to filling up the vacancies in all PHCs and also to ensure availability of sufficient and quality medicine in all PHCs, the State was directed to take all required steps.
4. It appears that some steps have certainly been taken for institutional delivery to reduce infant mortality. It is also noticed that under the Janani Suraksha Yojna (JSY) provision has been made for encouraging the pregnant women to avail public health facilities. Under the scheme ‘Accredited Social Health Activist’ at village level have also been engaged who are known as “Asha-Sahiyaa” for bringing pregnant women to public health facilities for institutional delivery and for bringing infants to the public facilities for any medical care where free drugs, free diagnostics, free blood, free diet and free referral through P.P.P. modes are provided. Referral units have been also created for providing facilities for caesarean operation and blood transfusion. These steps for family medical assistance through home visits are being done by Sahiyaas and Anganbari workers. Auxiliary nurse midwife also appears to have been trained as skilled birth attendant. These facilities have also been created for providing specialized treatment to sick children and more such 3 facilities are proposed to be created.
5. In this regard the role of Asha-Sahiyaa; in reaching out to the large section of rural and urban female population, is quite significant. However, in our view, their services can also be enhanced with the cooperation of Jharkhand State Legal Services Authority for creating awareness about several important welfare schemes of the Central Government/State Government intended to provide beneficial measures for uplifting the living standards of such women folk throughout the State. We, therefore, consider it proper to request the Jharkhand State Legal Services Authority to extend their services and cooperation to create a synergy with the assistance of such accredited social health activist under the NRHM for reaching out to such a large and vulnerable section of society comprising the women folk, infant and child.
6. Adverting to PIL [W.P.(PIL) No. 6822 of 2013] filed by a social worker highlighting non-availability of medical treatment at Sadar Hospital, Pakur on account of non-availability of doctors, mainly in 3-4 very important streams where the services of a doctor is required round the clock, the Court took serious note of the said fact and sought response from the State as to whether any step has been taken for recruitment of the medical officers so that no Government Hospital, especially, in the villages should face this problem. Learned Advocate General informed us that requisition for recruitment of 556 Medical Officers has already been sent to JPSC vide Health Department somewhere in March-April 2014. It is how JPSC was arrayed party-respondent by the Court vide its last order dated 3rd February, 2015.
7. Mr. Rajesh Shankar, learned counsel appearing for the JPSC states that pursuant to the requisition of the State Government, an advertisement has already been notified and even applications were received. He states that the exercise for selecting Medical Officers is likely to be complete 4 in a short period. We direct JPSC to complete the aforesaid exercise within three months positively.
8. With regard to filling up the vacancies of para medical staff, learned Advocate General has informed the Court that a communication for filling up 93 posts of Grade-A Nurse, 154 Pharmacist and 131 Lab Technician has already been sent to Staff Selection Commission (SSC) of Jharkhand. We direct SSC to fill up all the aforesaid posts within three months only.
9. With regard to availability of medicines in all PHCs and SHs of the State, learned Advocate General states that funds have been allocated district- wise by the State and perhaps released also.
10. At this stage, Mr. Gadodia states that no doubt, the State has started the exercise of filling up of 556 posts of General Duty Medical Officer, but, State should also appoint Specialized Medical Officers for each main stream so that no one should go out of the State for any specialized treatment, which undoubtedly would cost a lot.
11. Learned Advocate General, while responding to it, states that although the State has already taken required step in this regard, but, he would report complete instructions on the next date of hearing by filing a detailed response. List again on 16.06.2015.
12. Registrar General is directed to provide copy of the order to Member Secretary, Jharkhand State Legal Services Authority so that the same is placed before Hon’ble Executive Chairperson, JHALSA for further action, if required, as indicated in para 5 of the order.
13. Copy of this order shall also be provided to Mr. R.S. Mazumdar, 5 learned Advocte General, Mr. Rajesh Shankar, appearing for JPSC and Mr. Sumeet Gadodia, Amicus Curiae. (Virender Singh, C.J.) (Aparesh Kumar Singh, J.) dey/pandey/LAK