Condition Of Govt. Hospitals In UP: Allahabad HC Orders Govt. Officials To Not Use Private Hospitals; Directs Special CAG Audit, Etc [Read Judgment]

The Allahabad High Court, on Friday, directed the State Government to ensure that all Government officials and employees, who receive salary or other financial gains from public exchequer, should avail medical care services only from hospitals run and maintained by the Government.The Bench comprising Justice Sudhir Agarwal and Justice Ajit Kumar also directed that such officials should not be given any special treatment at the government hospitals and that in case medical care is obtained from private hospitals, no reimbursement should be provided by the Government. It, however, clarified this condition would not apply in cases where requisite treatment is not available at government hospitals.The Court was hearing two Petitions. One had been filed by a woman laborer, Ms. Snehlata Singh, who had pleaded for improvement in the miserable conditions at hospitals in the State of U.P., highlighting the complications that she had to face due to incompetent maternity care provided at a government hospital.The second petition was filed by Mr. Raj Kumar Singh, a social worker and the editor of a weekly newspaper titled "Naha Sandesh". He had sought a direction to the authorities to make it mandatory for all District Private Hospitals and Nursing Homes to display qualifications and designation of all para-medical staff. He had further pointed out that hospitals and clinics were undertaking medical termination of pregnancy without being registered under the Medical Termination of Pregnancy Rules, 2003.While examining the various schemes on the subject, the Court noted that more than Rs. 3400 crores had been released for the same in the Financial Year 2016-17. It then observed, "Despite such huge funds if schemes have not properly been carried out and objectives have not been achieved than it can be said to be a sheer wastage of huge public funds. This requires investigation, where these funds have gone and who has pocketed it or why remain unspent if could not be utilized."It went on to note with concern several deficiencies in the medical services provided by government hospitals and issued the following directions:Filling of vacancies(i) Immediate steps shall be taken to fill in existing vacancies of Medical, Para Medical and other attending staff at various levels in all Hospitals maintained by State Government through Department of Medical Health and Family Welfare or Medical Education.(ii) State Government would ensure the appointment of competent staff by reducing existing vacancies to 50% within first four months from the date of communication of this Judge and remaining vacancies in the next three months.Supply of necessary equipments(iii) Necessary supply of medicines of quality to all Medical Care Centres at different levels must be ensured. Similarly, availability of requisite apparatuses, instruments, operation theatres and other medical requirements as per status of Medical Care Centres be maintained and continuous maintenance should be ensured under constant monitoring by responsible persons and they should be made accountable for any laxity or deficiency in such supply and availability.Staffing for medical care of women(iv) For Medical Care of women and especially pre-natal and post-natal treatment, lady Doctors and supporting lady Para Medical and Nursing Staff be recruited and their availability be maintained.Road Map for maintaining medical services by the State(v) A roadmap/ Action Plan should be prepared in consultation with all stakeholders responsible for maintaining medical services by State so that quality medical treatment is available to poor people in the same manner as it is available to resourceful high officials and rich people, and people may not suffer in the matter of medical care merely on account of poverty, illiteracy and other constraints.Special Audit by CAG within 2 months (vi) Looking so fact that in sample survey got conducted by this Court through Advocate Commissioners, demonstrating a large number of apparent mismanagement in Hospitals whether maintained by State Medical College at Allahabad by cadre of Provincial Medical Services, Special Audit through CAG should be got conducted without any further delay. In this regard, we direct requisite number of Specialized Audit Team having expertise in audit of Medical care Centres be constituted with request to CAG, within one month from the communication of this Judgment. At first instance, Medical Colleges and Hospitals attached to them should be got audited. This audit must be completed within two months. This Special Audit must examine funds made available, their utilization etc. in the last 10 years. If deficiencies, irregularities and illegalities are found, concerned department shall also identify erring officials and would take appropriate stern action whether civil, criminal or departmental, as the case may be, without further delay.(vii) After special audit of Medical Colleges and Hospitals attached to them, next Audit...

Condition Of Govt. Hospitals In UP: Allahabad HC Orders Govt. Officials To Not Use Private Hospitals; Directs Special CAG Audit, Etc [Read Judgment]

Apoorva Mandhani

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