Poorest Of Poor Cannot Go To Private Hospitals: Uttarakhand HC Issues Directions For Improving Functioning Of Government Medial College & Associate Hospitals [Read Judgment]

The Uttarakhand High Court recently issued a slew of directions for improving the functioning of Government Medical College, Haldwani and its associate hospitals.

The bench comprising Justice Rajiv Sharma and Justice Lok Pal Singh asserted, “Every citizen has a fundamental right to health. The State has the obligation to provide best medical services to its citizens. The poorest of poor cannot go to the private hospitals.”

The Bench further directed the State to make Swami Rama Cancer Hospital and Research Center in Haldwani fully functional and upgrade it as state cancer institute within three months.

The Court was hearing a petition filed by one Chandra Shekhar Joshi, who had highlighted the lack of basic facilities at the Government Medical College, Haldwani and its associate hospitals, Dr. Sushila Tewari Memorial Hospital and Swami Rama Cancer Hospital & Research Center. Agreeing with the submissions made by Mr. Joshi and highlighting several other deficiencies in the healthcare delivery mechanism, the Court then issued the following directions:

• The respondent-State is directed to make Swami Rama Cancer Hospital & Research Institute fully functional by creating the posts of Medical Oncologists, Surgical Oncologists, Hematological Oncologists, Gynecological Oncologists and Paediatric Oncologists within three months from today by holding the walk-in interviews. The State is also directed to upgrade the status of Swami Rama Cancer Hospital & Research Institute to the State Cancer Institute within three months. The State is also directed to give incentives to the specialists to join premier institution in the State of Uttarakhand by giving them at least 15 advance increments, suitable accommodation and conveyance befitting their status.


• Since Swami Rama Cancer Hospital & Research Institute is the constituent hospital of Medical College, the State Government is directed to provide the latest state of art equipments/machinery required under the Minimum Standard Requirements of the Medical College for 100 Admissions Annually Regulations, 1999 for training and teaching of the MBBS and MD/MS students within two months.


• The respondent-State is directed to establish the Nephrology, Neurology, Urology and Cardiology Departments in the Medical College within three months. Thereafter, the posts shall be filled up within a further period of three months by holding the walk-in interviews.


• The State Government is directed to establish the Trauma Center in Government Medical College, Haldwani and make it functional within three months from today as per the standard procedure.


• The State Government is directed to fill up all the posts of teaching staff as well as non-teaching staff, lying vacant in the Medical College, within three months from today to provide quality treatment to the patients. The first preference shall be given to the teaching faculty including clinical and thereafter to non-clinical and nursing.


• The State Government is directed to deploy 61 newly acquired ambulances after refurbishing them within one month from today.


• The State Government is directed to fill up all the vacancies of Medical Officers in Kumaon Division within four months from today.


• The State Government is directed to install the MRI/ PET, Mammography and other states of art equipment for treatment of patients and training and teaching of MBBS and MD/MS students within three months from today.


• The State Government is directed to provide essential life-saving drugs/medicines to the patients free-of-cost.


• The Principal of the Medical College is directed to ensure absolute hygiene in the hospital and if necessary, by outsourcing the same.


• The State Government may consider constructing Inns/Sarays for the attendants of patients in the close vicinity of the hospital.


• The Medical Council of India shall carry out the inspection of the Medical College immediately after six months to ensure that all the parameters laid down by it are followed in letter and spirit by the respondent- Medical College failing which it shall be open to the MCI to take action, as envisaged under law, against the Medical College for non-fulfilling the minimum standards.