PRAKASH B SARDESSAI Vs. SECRETARY MINISTRY OF HEALTH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Misc. Civil Application No. 623/2011 and Writ Petition No. 394/2011 have been taken up together since the prayers are common. Misc. Civil Application No. 623/2011 has been preferred in Public Interest Litigation Writ Petition No. 359/2007 which is a Public Interest Litigation praying, inter alia, for directions to the State for improving the standards of health care in the State of Goa and in particular for directions to the State for providing adequate number of Doctors, trained Nurses and other staff and to ensure proper maintenance of hospitals including Asilo Hospital at Mapusa. In the said Public Interest Litigation the present application has been moved by the petitioners praying for an interim order restraining the State of Goa from handing over the District Hospital at Mapusa to private operator with a further direction to the State to commission the District Hospital and run it as a State District Hospital.

(3.) Writ Petition No. 394/2011 is filed in public interest by a Member of Legislative Assembly, who was formerly a Minister. The petitioner has submitted that Asilo Hospital located in Mapusa is in very bad condition and, therefore, the Government decided to set up and construct a new District Hospital at Mapusa. Accordingly, 25811 square meters of land belonging to the Education Department was released to the Health Department and on that land a 256 bedded District Hospital equipped with all modern facilities has been constructed at the cost of about Rs. 48 Crores. The Government, thereafter, created 200 additional posts, which included 34 Doctors, 76 Nurses and 90 other para medical staff. 136 persons have been recruited and the hospital can be commissioned for providing health care. However, the Health Minister moved a note dated 10.02.2010 requesting the Government to approve the appointment of Consultant for the District Hospital. The Cabinet, thereafter, approved the proposal and the Government has decided to hand over the development, operation and management of the District Hospital on Public Private Partnership (PPP) basis. In pursuance thereof, the Government has floated tenders and has also issued Letter of Intent. According to the petitioner and the applicants in the Misc. Civil Application (Hereinafter referred to as "Petitioners"), this action of the Government is not in public interest, which would drain the Government of his whole finance and would adversely affect health care of the citizens. Further, the petitioners have questioned the decision to privatize the District Hospital on the ground that the rules of business, which govern the conduct of business of the Government have been violated and the Consultant has not been properly selected. Apart from questioning the privatization of the District Hospital, the petitioners have also questioned the terms of Draft Concession Agreement (DCA), which is proposed to be entered into by the Government with the successful tenderer i.e. Radiant Life Care Private Limited, which has been impleaded as intervenor in this proceeding. The petitioners have further questioned the decision of the Government to privatize the District Hospital at Mapusa and also the terms of the tender, which have been floated by the Government for handing over the hospital to private operator. The learned Advocate General for the State of Goa submitted that the decision to privatize the District Hospital, Mapusa is a policy decision of the Government duly taken by the Government in the best interest of citizens and it is not open for the petitioners to question the decision or the manner of its implementation. It is submitted that the petitioners have not pleaded or proved the breach of any law by the State in either taking this decision or implementing it and in the absence of any malafides, the impugned decisions cannot be questioned in a public interest litigation.