J&K&L High Court Flags Inaction On Cancer Care Facilities, Urges Action To Fill Shortage Of Oncologists & PET Scan Machines

After reviewing the progress by perusing the status reports filed by the administration the bench led by Chief Justice Arun Palli and Justice Rajnesh Oswal observed,

“… We have examined the status report/compliance reports that are being filed on behalf of the respondents from time to time. However, we have no hesitation to observe that they do not show any tangible progress or promise”.

Case Background:

The issue arrived before the court in 2016 when the late Senior Advocate Mr. A.V. Gupta filed a public interest litigation (PIL) seeking to improve cancer care facilities in Jammu and Kashmir. The PIL highlighted critical gaps, including the lack of oncologists, inadequate medical equipment, and the absence of essential diagnostic tools like PET scan machines in medical institutions. While the case has been ongoing for several years, the authorities have failed to implement key measures as directed by the Court.

On December 4, 2025, the Court issued a strong rebuke to the authorities for their inaction. The Court observed that despite clear directions issued in earlier orders, the Government had not taken concrete steps to address the crisis. "The requisition for oncologists was made by the government to the Public Service Commission in March 2016, but to date, no selection process has been initiated," the Court remarked, expressing frustration over the prolonged delay in hiring qualified professionals.

In its observations, the Court noted the severe shortage of medical staff, stating, “There is only one Professor and Assistant Professor in Medical Oncology at Government Medical College Jammu. The rest of the medical disciplines, including Nuclear Medicine and Radio Diagnosis, have been equally under-resourced, with a lack of specialized personnel in crucial fields.” The Court further highlighted the absence of a functional PET scan machine in most medical colleges, with only the State Cancer Institute in Jammu having a single machine, which is insufficient to meet the needs of the region's population.

The Court's dissatisfaction extended to the implementation of directives to install PET scan machines in all medical colleges. “Despite clear orders passed by this Court, no significant progress has been made in installing PET scan machines in the medical colleges across the Union Territory,” it observed. The Court emphasized that such delays were causing unnecessary suffering to cancer patients who required timely and accurate diagnosis.

Compliance and Officers' Presence in Court:

In response to the Court's previous order, several senior officials, including the Administrative Secretary for Health and Medical Education, the Principal of Government Medical College Jammu, and the Secretary of the Jammu and Kashmir Public Service Commission, appeared before the Court on December 8, 2025. The presence of these officials was mandated to address the failure to comply with the Court's directives.

The Court directed these officials to submit a detailed affidavit, outlining the steps taken to comply with the previous orders and providing a clear roadmap for ensuring compliance in the future. The Court stated, “We expect these authorities to take immediate and decisive action to address the urgent need for oncologists, proper medical equipment, and diagnostic tools, as failure to do so will have dire consequences for the health of the citizens.”

The case was adjourned to December 18, 2025, with the Court reiterating that no further delays would be tolerated.