INDER PRAKASH GUPTA Vs. STATE

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir has been filed by one Dr. Inder Parkash Gupta, Selection A grade specialist, Chest Disease Hospital, Jammu for a writ to quash a recommendation dated 12.6.2006 made by the Selection Committee regarding appointment of Director General in the Department of Health Family Welfare and RCH National Rural Health Mission.

(2.) THE Union Government has launched Nation Rural Health Mission (NRHM) in April 2005 in the country with a special focus in 18 states including the state of Jammu & Kashmir. The respondents have in this behalf given the background of the Mission as under: It has been decided to raise investment in Health Sector from current 0.9% of GDI to 2.3. over next 5 years. The mission seeks to improve health infrastructure at community, Sub Health Center, BHC/CHC level. It seeks to effect a shift to District based planning for health and also to integrate the health plan with determinants of health i.e. safe drinking water, sanitation an hygiene. In addition NRHM aims to provide overarching horizontal umbrella to the existing vertical health schemes relating to Health, Family Welfare, RCH, Malaira, Blindness Control, Iodine deficiency disorder, Filarial, Kalazar, TB and Leprosy. The Mission also seeks convergence among the related social sector programs of AYUSH, Women and Child Development, Elementary (Awareness) Education by involving Panchayati Raj Institutions, MNGOs NGOs and other stake -holders at National, State, District and Block Level. The mission even embodies the health care/awareness role for ASHA ( Accredited Social Health Activists) at village/grass root level for mobilizing the opinion about importance of Health care among villagers/self -help groups through personal contacts, discussions, consultations and dissemination of information. The said mission, has time bound goals, which are expected to be achieved including unmet needs for public health infrastructure. It has also envisaged for promotion of health life styles, prevention and control of communicable and non -communicable diseases. Local endemic diseases will be taken care with access integrated comprehensive primary health care for the people living in rural areas. There will be revitalization of local health care mainstreaming of AYUSH. The strategy is to improve health care household level to female health activists, the existing Primary Health centers and Community Health Centers shall be strengthened and to 50 beds for improving curative care of a normative standard to Indian Public Health Standards defining personnel equipment and management standards. The State Government as per the guidelines of Government of India has taken the following action for implementation of the National Rural Health Mission. (I) IDENTIFIED 2 CHCS PER DISTRICT AND ARE TAKING UP THE ISSUES FOR STRENGTHENING THE SAME AS PER INDIAN PUBLIC HEALTH STANDARDS SHORTLY. (II) CONSTITUTED STATE RURAL HEALTH MISSION, STATE RURAL HEALTH SOCIETY, STATE AS PROGRAMME MANAGEMENT SUPPORT UNIT, DISTRICT RURAL HEALTH MISSION AND DISTRICT RURAL HEALTH SOCIETY. (III) DISSOLVED ALL EXISTING HEALTH SOCIETIES AT THE STATE AND DISTRICT LEVEL AND MERGED INTO THE J&K STATE RURAL HEALTH MISSION AND DISTRICT RURAL HEALTH MISSION RESPECTIVELY. (IV) CHIEF MEDICAL OFFICER OF THE RESPECTIVE DISTRICT HAS BEEN NAMED AS HEALTH AND FAMILY WELFARE OFFICER AND WILL BE THE NODAL OFFICER FOR IMPLEMENTATION OF RURAL HEALTH MISSION IN THE DISTRICT AS PER THE GUIDELINES OF GOVERNMENT OF INDIA. It has been seen that vertically health and Family Welfare Programmes and activities have limited synerzation at operation level. The result at the ground level show that this has not been effective in implementation of various programmes of health and FW. Taking into account the operational aspects and verticalization/compartmentalisation the Ministry of Health has merged the departments of health and FW and also asked the State to merge the departments. It has been observed that the State of J&K has not availed number of Centrally Sponsored Projects due to the fact that the matter were not pursued with the Ministry and other funding organizations especially for infrastructure development and externally Aided projects.

(3.) RESPONDENTS state that for overall coordination integrated approach the National Rural Health Mission envisages that there will be a single point for this programme directly working under the Principal Secretary Health and Medical Education Department, so it has been felt necessary to have a post of Director, General Health who shall also work as a Mission Director. A proposal to this effect was therefore sent to the Finance Department for up gradation of the existing post of Director Family Welfare in the pay scale of Rs. 142300 -18300 to that of Director General, Health and Family Welfare in the pay scale of Rs. 18400 -22400. It has been decided that the funds for this will be made available 100% by the Ministry of Health and Family Welfare, Government of India and there shall be no financial burden on the State. The Government has also decided that the senior most Director will be posted as the Director General and staff for the office of the Director General will be arranged by internal arrangement from the two divisions and on contractual appointments.