Jammu May-03-2023- A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nagral, while hearing a Public Interest Litigation regarding shortage of doctors/paramedical staff in Union Territories of Jammu & Kashmir and Ladakh, anguished over non-filing of status reports, granting further two weeks time to do the needful, by or before the next date, failing which concerned officials of Union Territories of Jammu and Kashmir and Ladakh, may be liable to be directed to remain present in person before Court on the next date of hearing.
This significant order has been passed in the much publicized Public Interest Litigation (PIL) filed by RTI Activist Balwinder Singh wherein the petitioner has sought directions to the State Government to provide duly sanctioned staff in all the Health Institutions in Jammu Province as out of 259 PHCs, NPHCs and CHCs in the hilly and remotest areas of all the Districts of Jammu Province, 184 of them are running without Doctors and lacking the staff including the Medical Officers/Consultants and Para-Medical Staff in Sub-District Hospitals, District Hospitals of entire Jammu Province.
When the PIL came-up for hearing, DB after hearing Adv Sheikh Shakeel Ahmed appearing for the PIL observed that this Court vide order dated 16.03.2023 granted time to ascertain as to when the selection process in respect of 380 posts of Medical officers pending with the Public Service Commission will be completed. Similarly, the State Government was also required to provide the details of the District-wise existing sanctioned staff position apart from the Medical Officers (Doctors) including Para Medical Staff working in the various Public Health Centers under the Health and Medical Education Department.
DB also directed Vishal Sharma, Deputy Solicitor General of India appearing for the UT of Ladakh to furnish the necessary information.
DB observed that the said information is not coming forthwith and accordingly, granted further two weeks time to do the needful, by or before the next date, failing which concerned officials of Union Territories of Jammu and Kashmir and Ladakh, may be liable to be directed to remain present in person before Court on the next date of hearing.
It is worthwhile to mention here that on the last date of hearing Mr. S. S. Nanda, Sr. AAG has informed this Court through affidavit filed on 14th March, 2023 that out of 708 posts Medical Officers which have been referred by the Health & Medical Education, Department to the Public Service Commission for making selection of suitable candidates against the post of medical officers, the PSC has furnished the selection list in respect of 328 selectees (Medical Officers).
However, in respect of remaining 380 posts it has been mentioned that the
selection is still pending with the Public Service Commission. Mr. M. Y. Akhoom, Advocate appearing vice Mr. F. A. Natnoo, counsel for the PSC submits that he may be given some time to ascertain as to when the selection process in respect of 380 posts of Medical Officers pending with the PSC will be completed. He may do so by or before the next date of hearing.
DB is also of the view that the State Government should provide the details of the district wise existing sanctioned staff position apart from Medical Officers (Doctors) including Para Medical Staff working in the various Public Health Centres under the Health and Medical Education Department.
DB also directed DSGI appearing for the UT of Ladakh to furnish the necessary information regarding Medical Officers (Doctors) as well as non-medical (Para medical Staff) in the districts of Ladakh. JNF