LAWS(RAJ)-2012-9-256

PRABUDH MANCH Vs. STATE OF RAJASTHAN

Decided On September 18, 2012
Prabudh Manch Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE petition as PIL has been filed by petitioner with the prayer to direct the respondent No. 1 -State to provide requisite infrastructures and staff to all the Hospitals and Dispensaries of the State especially Janana Hospital, Ajmer to cure the suffering of common man of the State on the front of Medical and Health. It was submitted by the petitioner that due to lack of medical treatment and negligence on the part of senior doctors and staff of Janana Hospital, Ajmer, a woman, namely, Lata died while delivering a child. Thereafter, newly born child had also died in the Janana Hospital and upon this, the people of Ajmer made agitation. Thereafter, a Committee was constituted to enquire into the matter and the enquiry report was submitted, but no action has been taken. According to the petitioner, there is lack of staff, infrastructures, cleanliness and safety of newly born child and patients in the Janana Hospital. Apart from this, there is also mismanagement and negligence of doctors and staff attached to the said Hospital. There is also misappropriation of checking fees and no benefit of Janani Suraksha Yojna is being extended to the patients in the Janana Hospital.

(2.) THE further case of the petitioner is that all the Medical Colleges and Hospitals of Rajasthan are lacking teaching and clinical staff, which may be due to non -payment of salary including DA etc.; proper infrastructure and equipment to cure the ailing patients are also not available; the respondent No. 1 -State has failed to provide even the requisite number of beds to the Hospitals and the patients are lying in wards and verandahs in a pitiable, pathetic and inhuman condition. It was further submitted by the petitioner that specialized doctors possessing qualification of post -graduation are posted in the Dispensaries while simply MBBS are posted in Medical Colleges and Hospitals, which lead to non -utilization of skill and expertise of specialized doctors. Casualty wards of all the Hospitals of the State are not well equipped with the proper infrastructures, doctors and staff to attend patients which may lead to mis -happening on day or the other. The nursing staff is also not in proportion to the beds allotted in a particular Hospital which causes suffering to the patients. Hence, the present writ petition has been filed.

(3.) IN compliance of the order of this Court dt. 10.08.2009, progress report dt. 29.08.2009 was filed by the respondents alongwith additional affidavit to show that various steps have been taken by the Hospital administration for improving the medical and health care facilities. It was submitted that there was no negligence on the part of the doctors; ladies are being provided proper medical facilities by the doctors and the staff used to remain on duty round the clock. From Jan. 2009 to July, 2009, so many patients were provided medical facilities, the details of which are given below: -