The Court held that the issue is critical to health care and directly touches the fundamental right envisaged under Article 21 of the Constitution of India. The Court directed that the affidavit contain timelines for filling vacancies of Medical Officers and paramedics, district-wise vacancy information, the progress of the DPR for a flyover for safe access to medical facilities at Jammu, the proposal for augmenting critical transplants like liver, details of vacancies of Dental Surgeons, and timelines for the 17 Critical Care Blocks and other augmented facilities.

The Court was hearing two Public Interest Litigations, wherein the learned Amicus Curiae Mr S.S.Ahmed raised five issues concerning the strength of doctors and medical officers, the strength of paramedics, the position of transplant of critical organs like liver, the DPR for a flyover connecting essential facilities in the town of Jammu, and the dearth of Dental Surgeons. The Senior Additional Advocate General submitted a status report dated 18.05.2026 dealing with the issues delineated.

The matter was heard by a Bench of Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajnesh Oswal, who observed,

“This Court, being gravely concerned over the lackluster manner, in which the critical issues like medical officers positions and paramedical positions, the essential manning of the hospitals and medical facilities have been dealt with, has directed filing of the requisite affidavit with the comprehensive information on or before the next date of hearing, for, the issue is critical to the health care and directly touches the fundamental right envisaged under Article 21 of the Constitution of India.”

Background

The Amicus Curiae raised five issues before the Court, namely the strength of doctors and medical officers, the strength of para-medics, the position of transplant of critical organs like liver, the DPR for a flyover connecting the essential facilities in the town of Jammu, and the dearth of Dental Surgeons. The Senior Additional Advocate General submitted that the status report dealing with the issues delineated.

As per the status report, eleven Organ/Tissue Retrieval and Transplant Centres were functional in Jammu and Kashmir in the public, private, defence and trust sectors, including SKIMS Soura Srinagar and GMC Jammu for kidney transplant, GMC Srinagar for kidney and cornea transplant, and Command Hospital Udhampur for organ retrieval and cornea. It was submitted that 357 corneal transplants and 502 renal transplants had been done in Jammu and Kashmir till date.

The status report further stated that major healthcare infrastructure projects completed and operationalised included a 160-bedded additional block at Bone & Joint Hospital Srinagar, a 243-bedded labour block at SMGS Hospital Jammu, establishment of Cath Labs at GMC Jammu and GMC Anantnag, operationalisation of Sir Colonel Chopra Nursing Home at GMC Jammu, and commencement of work on the Emergency Theatre Block at SMHS Srinagar.

It was stated that approximately 3200 additional beds were targeted to be added by March 2027 through various ongoing healthcare infrastructure projects, including 950 beds in Critical Care Blocks under PM-ABHIM and ECRP-II, 1300 beds in Teaching District Hospitals of New GMCs, and other additions.

The Senior Additional Advocate General further submitted that work relating to 17 Critical Care Blocks under PM-ABHIM and ECRP-II was being fast-tracked across various districts, and the Department had initiated strengthening of advanced diagnostics and specialty care through phased establishment of Cath Labs, CT Scan facilities, MRI facilities, AI-based radiology systems, Tele-ICUs, and Tele-Radiology systems.

It was submitted that Cath Labs had already been operationalised at GMC Jammu and GMC Anantnag, whereas establishment at GMC Baramulla and GMC Rajouri had been initiated, and at GMC Doda was in the pipeline. Other critical care facilities like PET-CT, Brachytherapy, LINAC and CT Simulator facilities were being augmented in collaboration with NITI Aayog and ICMR.

On the human resource position, the status report disclosed that against a sanctioned strength of 1390 Medical Officers in DHS Jammu, 676 were in position, leaving 714 vacancies, whereas in DHS Kashmir, against 1469 sanctioned, 1343 were in position, leaving 70 vacancies. Against a total sanctioned strength of 2859, 2019 were in position, leaving 784 vacancies.

On the paramedical position, the report disclosed that against 9434 sanctioned posts in Kashmir Division, 6690 were in position, leaving 2744 vacancies, whereas against 9311 sanctioned posts in Jammu Division, 6064 were in position, leaving 3247 vacancies. Against a total sanctioned strength of 18745, 12754 were in position, leaving 5991 vacancies. It was further submitted that against the sanctioned strength of 884 consultants, 621 consultants were available.

The report also disclosed that telemedicine and digital healthcare accessibility was being strengthened with a proposed addition of 100 additional digital radiology units, that 44 Advanced Life Support Ambulances had been added to the existing fleet, increasing the operational strength to 533 geo-tagged ambulances for a centralised emergency response system, that 340 MBBS seats had been newly added, approvals had been obtained for multiple MD/MS, DNB and DM/MCH courses, PG Ayurveda seats had been sanctioned, and that 3168 Health and Wellness Centres had been operationalised across Jammu and Kashmir.

Court's Observation

The Court observed that the status report showed the current position of the infrastructure, manpower and other medical facilities that were being strengthened. The Court noted that in the PIL, it had been taking up all these issues and continuous mandamus had been issued on various points from time to time.

The Court held,

“Apart from the issues raised, which will continue to be addressed by the respondents, this Court passes the following directions today.”

The Court directed that an affidavit of the Principal Secretary to the Government, Health and Medical Education Department, J&K, be filed giving a time frame within which the 714 vacancies of Medical Officers in DHS Jammu and 70 vacancies of Medical Officers in DHS Kashmir were proposed to be filled.

The Court further directed that the affidavit also mention the time frame within which the paramedical vacancies of 2744 from Kashmir Division and 3247 in Jammu Division were being proposed to be filled, and include district-wise information of doctors and paramedics vacancy position on various posts for all the districts of Jammu and Kashmir Divisions.

The Court directed that the affidavit also contain how far the DPR of the flyover for the medical facilities to be safely accessed at Jammu had progressed, the proposition of the respondent authorities as to augment critical transplants like liver, the details of vacancies of Dental Surgeons in the Union Territory and the time-bound plan in which such vacancies were proposed to be filled, the timeline regarding proposed works relating to 17 Critical Care Blocks under PM-ABHIM and ECRP-II and other facilities being augmented as per the status report.

The Court, being gravely concerned over the lacklustre manner in which the critical issues had been dealt with, directed filing of the requisite affidavit with comprehensive information on or before the next date of hearing, observing that the issue is critical to health care and directly touches the fundamental right envisaged under Article 21 of the Constitution of India.

The Court directed that the affidavit be filed on or before the next date of hearing and listed the matter on 25.11.2026.

APPEARENCES:

The petitioners were represented by Advocate S.S. Ahmed as Amicus Curiae with Advocate Amritaash Sharma, while the respondents were represented by Senior Additional Advocate General Monika Kohli with Advocate Malvika Gupta, and Advocate Athrav Mahajan appearing vice Senior Advocate Deepika Mahajan.