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Judgment
This writ petition by way of PIL is filed by a senior advocate of this Court, praying for direction to the respondents to provide basic health
facilities for treatment of cancer in the State of Jammu and Kashmir and also to provide adequate number of oncologists, Oncosurgeons, PET scan
machines and all other experts in the relevant field for the treatment of various types of cancer in all the regions of the State of Jammu & Kashmir.
It is averred in the writ petition that the basic right to life guaranteed under Article 21 of the Constitution of India mandates the States to provide
facilities of health care and in the State of Jammu and Kashmir, out of one crore population at least 1% is suffering from one or the other types of
cancer. Even though in the State of Jammu and Kashmir, Medical Education Department has established Medical Colleges, no health care facility
worth the name for the treatment of cancer is provided either in Jammu or Kashmir and no PET scan machine to diagnose the same is also made
available. There are two Medical Colleges in Jammu and one Medical College in Srinagar and a Post-Graduate Institute of Medical Sciences at
Srinagar. The basic physician, who diagnosis and treats the cancer patients is known as an Oncologist, who should be qualified MBBS Degree
holder with MD in medicine and thereafter to undergo DM Oncology. Such qualified person alone can be called as Oncologist and no such
qualified person is available in Medical College at Jammu. Even in private Medical College there is no such qualified Oncologist.
According to the petitioner, even the Health minister in April, 2013 stated in the Legislative Assembly that at-least 56716 patients of cancer,
who have been registered with the Oncology department of Government Medical Colleges, Jammu/Srinagar, besides Sher-e-Kashmir Institute of
Medical Sciences, Soura. The number of patients has been increasing every year and it is crossing over one lac now. Some of the affluent patients
are going to PGI, Chandigarh and AIIMS, New Delhi. Such hospitals are also crowded due to which the patients have to wait for their turn for
diagnosis and due to such delay, the disease become terminal and some patients either die or become untreatable. The petitioner also narrated his
own tragedy i.e., death of his wife due to lung cancer. With the above said averments the petitioner has filed this writ petition with the above said
prayer.
Taking note of the seriousness in the matter particularly want of PET Scan machine and Oncologist, this Court on 10.09.2015 directed the
Commissioner/Secretary to Govt., Health and Medical Education Department to file affidavit giving details regarding:-
1) The faculty and other support staff in the department of Oncology.
2) The qualification of the faculty.
3) Faculty members lacking the requisite qualification as per MCI Rules and Regulations and also as per Rules framed by the State prescribing
qualifications for such faculty members.
4) Machinery provided in the department of Oncology and the details of machinery which ought to be provided in the department to make it
meaningfully and substantially functional.
5) Medicines and treatment which are provided to patients as also details of such medicines and treatment which ought to be provided but have
not been so provided.
6) Medicines and treatment provided free as also those which are made chargeable.
7) Schemes which can be availed by poor patients to get free treatment and medicines.
8) Steps proposed and taken with a view to address the issues highlighted.
Pursuant to the said directions issued, the Secretary to Govt. Health and Medical Education Department replied queries on 15.12.2015,
wherein it is stated that insofar as Medical College, Srinagar is concerned, in the department of Radiation & Oncology the sanctioned faculty
members of the said discipline is 15, out of which 7 are in position. In Govt. Medical College, Jammu in the said discipline sanctioned strength of
faculty is 7, out of which 5 are in position. There are 26 personnel available as supporting staff against the total sanctioned strength of 63 and 37
posts are lying vacant. The vacant posts have been referred to SSB for filling up the same. Senior Radiotherapy technicians and Medical Physics
Technician/Mould Room Technicians having requisite qualification i.e. B.Sc. Radiation Science Technology and Radiation Safety certification are in
place. List of doctors and their qualifications was also enclosed.
As per the list, in Regional Cancer Centre, HMC, Jammu faculties are available and all are having MBBS, MD Radiotherapy and none of them
are qualified in DM Oncology.
In the Medical Oncology Department of GMC, Srinagar, 3 Oncologists are available. In SKIMS, MS General Surgery, DNB, MRCS,
Fellowship in Surgical Oncology and UICC, Thoracic Oncosurgery are available in the Department of Medical Oncology. In the department of
Radiation Oncology, MD Radiologists are available. Thus, it is evident that in Medical College, Jammu there is no Oncologist, who alone can
diagnose the cancer and suggest the treatment to be given to a cancer patient.
It is contention of the learned Deputy Advocate General that on 16.03.2011, the Government addressed a letter to the Secretary Public Service
Commission to select Medical Oncologist and till date no person is selected and the Government is contemplating to feed up appointment of
Oncologists in Govt. Medical College, Jammu. It is relevant to note at this juncture that cancer patients cannot wait for selection of Oncologist.
Their immediate requirement is to get proper diagnose and timely treatment. There are Oncologists in Medical Institutions in Srinagar and till
selection is made through Public Service Commission to fill up the posts of Oncologists in Govt. Medical College, Jammu, a direction is issued to
the respondents to send at-least one Oncologist on deputation basis to the Govt. Medical College, Jammu for diagnosing and suggesting treatment
to the cancer patients. This direction we are issuing in the light of the right to life guaranteed under Article 21 of the Constitution of India, which the
Government is bound to provide. It is not the case of the respondents that qualified Oncologists are not available in the State of Jammu and
Kashmir and even if they are not available it is for the State to get the services of Oncologists from the neighbouring States. The said direction is
directed to be complied with by the 1st respondent within period of two weeks from the date of receipt of this order.
Insofar as the prayer made to provide PET scan machine is concerned, the 1st respondent is directed to take effective steps to get PET scan
machinery in all the Medical Colleges, which is required for proper diagnosis and the said issue is to be taken note of with all seriousness and same
shall be provided in all the Government Medical Colleges, where cancer patients are to be treated, within a period of six months wherever the said
machinery is not available.
The writ petition is disposed of with above directions.