Punjab & Haryana High Court Flags Uneven Deployment Of AYUSH Doctors, Says Public Healthcare Cannot Remain 'Paper Assurance'

The Punjab & Haryana High Court has observed that issues relating to the deployment of medical officers transcend a mere service dispute and directly implicate the larger question of availability and accessibility of public healthcare in the State.

Justice Sandeep Moudgil said, "In a welfare State governed by constitutional morality, healthcare cannot remain a matter of paper assurances or statistical abstractions, it must reflect in actual availability of doctors and functioning medical institutions on the ground accessible to all citizens. A hospital deprived of doctors is but a structure of bricks and mortar, incapable of securing the right to life to the citizens. The constitutional obligation of the State does not end with establishment of institutions, it extends to ensuring that such institutions remain functional in substance, providing healthcare facilities to all."

Emphasising that the right to health is an integral facet of Article 21 of the Constitution, the Court relied on the Supreme Court's judgment in Consumer Education & Research Centre v. Union of India (1995) to reiterate that the State bears a constitutional obligation to ensure adequate medical facilities. It further noted that “public health and hospitals” fall within the State List, thereby placing a continuing duty on the State to provide accessible healthcare to all citizens.

Acting as a “sentinel on the qui vive,” the Court said it could not remain a mute spectator where executive inaction prima facie affects the balance between administrative considerations and citizens' fundamental right to healthcare.

Disturbing Picture

Upon examining the record, the Court found a “disturbing picture” of uneven deployment of Ayurvedic Medical Officers under the AYUSH Department, Haryana. While some centres had surplus staff, several Primary Health Clinics were functioning with inadequate or no medical officers, raising concerns about unequal access to healthcare.

Pursuant to earlier directions, an affidavit filed by the Additional Director (Administration), AYUSH Department, revealed that despite existing vacancies, surplus postings continued at various locations. The Director, AYUSH Department, who appeared before the Court, informed that 97 Ayurvedic Medical Officers were currently surplus and assured that a redistribution exercise would be undertaken.

The Court, however, expressed concern that such imbalance had arisen largely due to officers opting for urban postings. It held that administrative convenience must yield to constitutional necessity, particularly in matters concerning public health, and directed the Director to undertake a comprehensive, requirement-based redistribution of doctors across all dispensaries and Primary Health Clinics within two weeks.

The Court also took note of over 603 vacant posts of Ayurvedic Medical Officers, observing that despite completion of the recruitment process in 2025 following a 2023 advertisement, the posts remained unfilled. This, it noted, had adversely impacted healthcare delivery across the State.

Accordingly, the Court requested the Additional Chief Secretary, AYUSH Department, Haryana to personally examine the issue in consultation with the Director General and file an affidavit explaining the delay in filling vacancies, the proposed timeline for recruitment, and interim measures to address the shortage.

The matter has been listed for further hearing on May 27, 2026.

Title: Satyavati v. State of Haryana and another

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