MADHUKAR DWIVEDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition is filed in public interest. The fundamental issue which has now to gain attention following earlier orders is the requirement to prevent the people from being put to a situation of peril in terms of right to life and health as a result of unauthorized and illegal involvement of the persons who are incompetent and unqualified to administer any form of medication under due certification of the competent authority in terms of the Central and the State laws. The unauthorized establishment and running of clinics, nursing homes and other institutions and establishments including those intended for medical examination and diagnosis cannot be carried except with due sanction being granted by the authority competent. Such sanction could be granted only to those persons who hold eligible qualifications in terms of the governing laws.

(2.) Following different orders running from the year 2013, today we have before us an affidavit sworn-in by Shri R. Prasanna, Director of Health Services, Govt. of Chhattisgarh, Raipur. For the present, we do not proceed to reiterate everything that he has said therein. Suffice it would be for us to refer to Annexure-III, a tabular statement which is a self- serving testimony of the gross deficiencies in the management of the issue by the State authorities, except to some extent in some of the districts including the District of Bilaspur. This does not by itself mean that we are satisfied with the action taken even by those district administrations which have shown some element of pursuit to the objects sought to be achieved by different statutory provisions and the larger public requirement to ensure that the right to life, the most precious element in the Constitution of India as guaranteed, is secured to the people of this part of the State.

(3.) Facility for health services is concomitant with the avowed proclamation of the right to health as part of right to life as embodied in Article 21 of the Constitution. Use of the resources of the State for the material well-being of citizenry is one of the inbuilt constitutional values emanating out of the Directive Principles of the State Policy enumerated in Part-IV of the Constitution. The Sovereign, Socialist, Secular, Democratic, Republic called India is by itself a homogeneous existence of the great people of this land where they stand assured of dignity of the individual and equality before the laws. The seminal doctrine of equality is not merely a factor in adjudicating process but is also one to be maintained and ensured in relation to enjoyment of everything that has to be provided by a welfare State.