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Court on Its Own Motion Vs. The State of Jharkhand and Ors - Court Judgment

SooperKanoon Citation
CourtJharkhand High Court
Decided On
AppellantCourt on Its Own Motion
RespondentThe State of Jharkhand and Ors
Excerpt:
.....government of jharkhand. we, at present, are mainly concerned with the infrastructure of community health centres (chcs), primary health centres (phcs) and sub-health centres (shcs). as per the chart available at page no.30 of the said affidavit, with regard to infrastructure of community health centres, construction of 90 community health centres are already in progress, whereas possession of 73 community health centres have been completed and handed over. with regard to primary health centres, 131 primary health centres are under construction and possession of 64 primary health centres have already been handed over. with regard to health sub centres, the possession of 686 health sub centres has already . been handed over, whereas 713 health sub centres are on going project. the.....
Judgment:

. IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 4715 of 2013 ------ Court on its own Motion ........... Petitioner -Versus- The State of Jharkhand & Others .......... Respondents With W.P.(PIL) No. 6822 of 2013 Mridushila Murmu wife of Sikandar Tudu r/o village Bhetatola P.O. & P.S. Maheshpur District Pakur …........ Petitioner -Versus- 1.The State of Jharkhand 2.The Principal Secretry, Department of Health Medical Education & Family Member at Nepal House, PO & PS Doranda, District Ranchi 3. The Director in Chief, Health Services, Jharkhand at Namkum, PO & PS Namkum, District Ranchi, 4.The Mission Director, NRHM, at Namkum PO & PS Namkum, District Ranchi. 5.The Civil Surgeon cum Chief Medical Officer, Pakaur, PO, PS and District Ranchi 6.The Dy. Commissioner, Pakur, P.O, PS and Distt. Pakur, 7.Jharkhand Public Service Commission, Circular Road, Ranchi. .......... Respondents ------ CORAM: HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE P.P. BHATT ------ For Petitioners : Mr.Sumeet Gadodia, Amicus Curiae (In W.P.(PIL) No.4715/2013 For the Petitioner : Mr. K. K. Ojha, Advocaet (In W.P.(PIL) No.6822/2013 For the Respondent -State : Mr. R.R. Mishra, G.P.-II For the Respondent-JSSC : M/s Sohail Anwar, Senior Advocate, Tejo Mistri, Advocate For the Respondent-JPSC : Mr. Rajesh Shanker, Advocate. ------ 11/ Dated:

21. t August, 2015 Per Virender Singh, C.J.:

1. Pursuant to our directions, Joint Secretary, Health Department, Government of Jharkhand, has filed his affidavit, wherein, at page no.16, H.R. Status (medical officer) is depicted, as under : Total sanctioned posts (regular) – 2733 Total posted (regular) - 1664 Vacant regular - 1069 2. Out of regular vacancies, recommendation for 380 posts has already been received from Jharkhand Public Service Commission (JPSC) and that the appointment on the posts are under process.

3. The affidavit further reveals that the requisition for appointment of 654 specialist doctors has already been sent to the JPSC on 28th July, 2015 and that the requisition for remaining vacancies are also be sent to the JPSC after assessing the vacancy position after newly appointed doctors join their places of posting. .

4. Apart from regular 127 specialist doctors, 83 general doctors and 229 AYUSH doctors have already been recruited under National Health Mission on contract basis, thus, the total working doctors' strength comes to 2103.

5. Mr. Rejesh Shankar appearing on behalf of the JPSC states that since the requisition for appointment of 654 specialist doctors has been sent to the JPSC, very recently i.e. 28th July, 2015, he may be given some time to have the complete information, whether the JPSC has started the process of recruitment or not.

6. With regard to H.R. Status (main para-medics), requisition for 296 posts of Pharmacists has already been sent to the Jharkhand Staff Selection Commission (JSSC). With regard to Laboratory Technicians, also the requisition for 270 posts has been sent to the Jharkhand Staff Selection Commission. However, with regard to X-ray Technicians and Dressers, where the sanctioned strength is 78 and 471 respectively, it appears that all these vacancies are not being filled as the Rules for appointment are not in place till date.

7. Mr. Sohail Anwer, learned Senior Advocate, appearing on behalf of the Jharkhand Staff Selection Commission states that very recently in the month of July, 2015, it has received the requisition for 270 posts of Laboratory Technicians, 262 posts of Nurses Grade 'A', and 296 posts for Pharmacists. He states that since the Commission is already occupied in conducting the other examinations, which is likely to take at least two months, the process for selection of the aforesaid posts, will start immediately thereafter. He states that within two months' time, advertisement for the posts shall, however, be advertised. He states that priority will be given for completing the entire process.

8. Let us now advert to the status of infrastructure position at page no.30 of the affidavit filed by the Joint Secretary (Health), Government of Jharkhand. We, at present, are mainly concerned with the infrastructure of Community Health Centres (CHCs), Primary Health Centres (PHCs) and Sub-Health Centres (SHCs). As per the chart available at page no.30 of the said affidavit, with regard to infrastructure of Community Health Centres, construction of 90 Community Health Centres are already in progress, whereas possession of 73 Community Health Centres have been completed and handed over. With regard to Primary Health Centres, 131 Primary Health Centres are under construction and possession of 64 Primary Health Centres have already been handed over. With regard to Health Sub Centres, the possession of 686 Health Sub Centres has already . been handed over, whereas 713 Health Sub Centres are on going project. The affidavit indicates that 50 Health Sub Centres, 25 Primary Health Centres and 5 Community Health Centres will be developed as model Health Centres in this financial year (2015-16) and that allotment of Rupees Ten Crores has already been given for developing these Centres as model Health Centres. Paragraph no.12 of the said affidavit indicates that health sector is given priority by the Government and that the Government has increased the budgetary out-lay for this purpose from 1565.69 Crores to 1959.78 Crores in this financial year, which is 25 percent more than the previous year.

9. We direct the Secretary (Health), Government of Jharkhand, to place on record the complete details with regard to infrastructure of model Community Health Centres(CHCs), Primary Health Centres(PHCs) and Health Sub Centres(HSCs) in tabular form, as mentioned hereinbelow : Sl. Place where Whether Whether Cost of Budgetary Funds allotted/ Latest Detail No CHCs, PHCs, land is D.P.R is Project, provision available, under status of regarding HSCs are to be available ready. Centre- wise 2015-16 National Health the Ambulance constructed Mission (NHM) Project Van/ other facilities 10. A separate chart shall also be prepared with regard to complete status of all those on going Community Health Centres (CHCs), Primary Health Centres (PHCs) and Health Sub Centres (HSCs) and the Centres already handed over till date so that the Court is apprised of the place where these three Centres are located.

11. We, thus, defer the consideration of the instant petition.

12. List again on 9th October, 2015.

13. Copy of the order shall be provided to the learned counsel for both the sides under the signature and seal of Court Master. (Virender Singh, C.J.) (P.P. Bhatt, J.) Sharma/SI


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