Non-Installation Of CT Scan Machines In Doctor's Chamber Over Power Constraints Raises Serious Concern: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has impleaded the Jammu Power Development Corporation Limited and the Kashmir Power Development Corporation Limited as party respondents in a suo motu public interest litigation concerning non-installation of 128 Slice CT Scan Machines at multiple government hospitals.After it emerged that the machines could not be commissioned owing to non-availability of requisite 150 KVA three-phase permanent power supply at the sites, the Court found it necessary to implead them. The Court was hearing a suo motu PIL, with Mr. S. S. Ahmed acting as Amicus Curiae. The Court directed the Managing Directors of JPDCL and KPDCL to ensure immediate stabilization of permanent power supply, observing that the issues of site readiness and power supply fall within the administrative domain of the consignee institutions.A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal, while noting that “post-delivery of the machines nearly two months have elapsed and nothing is indicated if the concerned authorities have taken any measures to ensure their timely installation and operations to meet the purpose they were requisitioned for,” observed that “needless to assert that with each day's delay, the general public, particularly, the poor and hapless continue to suffer.”For context, it was pursuant to the Court's earlier order a fresh affidavit was filed by the General Manager of the Jammu and Kashmir Medical Supplies Corporation Limited (JKMSCL). According to the affidavit, as regards the District Hospital Budgam, District Hospital Poonch, SMGS Hospital Jammu, and Super Specialty Hospital Srinagar, 128 Slice CT Scan Machines had been delivered by the Japanese vendor on March 23, 2026. However, installation and commissioning could not be undertaken owing to non-availability of the requisite 150 KVA three-phase permanent power supply at the site. The affidavit stated that the entire installation and commissioning process would take only 15 to 20 days from the date the requisite power supply was made available.The Court noted that the issues such as site readiness, completion of civil/electrical works, and provision for requisite permanent power supply fall within the administrative domain of the consignee institution/end user department, while the corporation is only the procuring agency.As regards SMHS Hospital Srinagar and Chest Disease Hospital Jammu, it was indicated that under the Letter of Credit conditions, the latest date of shipment is July 18, 2026 and July 26, 2026 respectively, and the suppliers had assured that delivery and installation would be completed within stipulated timelines.Upon taking note of this fresh status the Court observed that it was ex-facie evident that post-delivery of the machines nearly two months had elapsed, and nothing was indicated as to whether the concerned authorities had taken any measures to ensure their timely installation and operations. The Court stated, “Needless to assert that with each day's delay, the general public, particularly, the poor and hapless continue to suffer.”On the oral request of counsel, the Court impleaded JPDCL and KPDCL through their respective Managing Directors as party respondents No.5 and 6, observing that for hospitals situated at Jammu, it is JPDCL which would be the competent authority to ensure 150 KVA three-phase permanent power supply, and for hospitals in Srinagar, it is KPDCL. Doctors' Private Practice and Disciplinary ProceedingsThe Court also perused the status report submitted by the Health and Medical Education Department. The Inquiry Officer had submitted a report showing that Dr. Vipan Mangotra, Professor and Head of Department of Radio-Diagnosis, Government Medical College, Jammu, had conceded that he was engaged in private practice at a diagnostic facility in Reasi. The report also indicated irregularities in biometric attendance and failure to obtain station leave. The department has initiated formal disciplinary proceedings, and Articles of Charges, Statement of Imputations, and Gist of Evidence are being served upon the charged officer.The Amicus Curiae submitted that barring a few exceptions, almost every doctor employed in Government Medical Colleges and hospitals is engaged in private practice dehors the norms and Government Order No.43-HME of 2013. He asserted that the matter warrants a thorough and deeper probe at the highest level and sought a short accommodation to furnish a detailed affidavit.The Court adjourned the matter to June 02 2026 for a further review. Case Title: Court On Its Own Motion v. Commissioner/Secretary to Health & Medical Education Department & Ors.AppearancesAmicus Curiae: Mr. S. S. Ahmed; Mr. S. S. Chouhan, Advocate; Mr. Zulkarnain Chowdhary, AdvocateRespondents: Ms. Monika Kohli, Sr. AAG; Ms. Sagira Jaffer, Assisting Counsel (vice Sr. AAG); Ms. Maha Majeed (for KPDCL)Click here to read/download Order

Non-Installation Of CT Scan Machines In Doctor's Chamber Over Power Constraints Raises Serious Concern: J&K&L High Court

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Non-Installation Of CT Scan Machines In Doctor's Chamber Over Power Constraints Raises Serious Concern: J&K&L High Court

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