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Judgment
F.M. Reis, J.—We have heard Shri S. D. Lotlikar, learned Senior Counsel and Shri S. S. Kantak, Advocate General on behalf of the State and perused the records. By Order dated 16th August 2010, we have recorded that we were not impressed with the delay in the commissioning of the hospital in Mapusa and had directed the State Government to disclose as to what steps can be taken to immediately introduce an intensive care unit and a trauma unit at the existing Asilo hospital and to improve the existing facilities at the said hospital and appoint a commissioner to visit the new hospital and file a report disclosing the kind of machinery installed and its conditions.
Pursuant to the said directions an affidavit came to be filed by the Joint Secretary of the Government dated 16th September, 2010. The report has also been filed by Shri Ryan Menezes in this Court dated 16th September, 2010. Thereafter, another affidavit has been filed on behalf of the State Government on 11th January, 2011. We have carefully perused the said affidavits as well as the said report.
Shri S. D. Lotlikar, the learned Senior Counsel has taken exception to the conduct of the State Government in unnecessarily delaying the said commissioning of the District hospital in Mapusa. The learned Senior Counsel took us through the affidavit filed by the State which inter alia stated that it is not possible to start the trauma unit in isolation and pointed out that there is no sincerity on the part of the State Government in improving the health care of the people of the District in particular. The learned Senior Counsel pointed out that there is no reason for the State Government to delay the starting of the said hospital and the reason disclosed by them are extraneous and cannot stand the test of legal scrutiny. The learned Senior Counsel further pointed out that from the records, it is seen that the State Government has already started running the Gynaecologic and Pediatric O.P.D. at the new District hospital and the new hospital has also been provided with Radiology services and as such, there is no reason to delay the starting of the I.C.U. and Trauma unit. The learned Senior Counsel submitted that allegations of the State Government, that doctors and other personnel are not available having expertise to operate the equipment installed at the hospital, is only a pretext on the part of the Government to delay the commissioning of the new hospital for curious reasons. The learned Senior Counsel further submitted that the equipment installed at the new hospital is similar to the one at Goa Medical College which is admittedly in operation and as such there is no justification not to recruit similar staff to operate the new machinery at the District hospital. The learned Senior Counsel further submitted that it is the duty of the State Government to provide timely medical assistance to the citizens in serious conditions and the failure to do so is in violation of their rights as guaranteed in Article 21 of the Constitution. The learned Senior Counsel accordingly submitted that the State Government should be directed to commission the new District hospital forthwith.
On the other hand, the learned Advocate General submitted that the State Government is very much interested in starting the new hospital immediately but on account of the constraints beyond their control, the State Government cannot start the new hospital immediately. The learned Advocate General took us through the affidavit filed by the State Government and pointed out that the nursing staff recruited has been sent for training and a consultant has been appointed to assist the State Government in the modalities of starting the new hospital. The learned Advocate General further submitted that considering the number of operation theatres at the new hospital and the number of supporting units therein which are of paramount importance in establishing an effective I.C.U. and Trauma unit, it is not possible to provide such facilities in a piecemeal manner at the new hospital. The learned Advocate General further submitted that it is the right of the State Government to change its policy and start the hospital on a public private partnership basis in view of the changed circumstances and this Court cannot question this policy decision. In support of his contention he relied upon the Judgment of the Apex Court in the case of State of Punjab and Others Vs. Ram Lubhaya Bagga Etc. Etc., . The learned Advocate General further submitted that the State Government shall commission the said hospital by 31st March 2011.
We have carefully considered the submissions of both the learned Counsel. In the report of the Commissioner, he has stated in detail the facilities installed in the new hospital. He has stated that the hospital has four general operation theatres and a post operation ward, besides there are theatres installed for specialized orthopaedic surgical procedures including the details of the equipment installed in each such theatre. He has also given the details of the maternity block as well as the diagnostics equipment installed therein including a CT Scan as well as CSSD units. All other equipments and service providers installed therein along with the photographs of the machinery and surgical equipment have been attached to the said report. The report of the Commissioner suggests that the State Government has taken a commendable initiative to build a District hospital in Mapusa and provide ultramodern facilities for the benefit of the people but, however, we are not at all impressed with the delay in starting the new District hospital. The reasons given by the State Government that they could not get qualified doctors/personnel to work the machinery installed therein shows lack of proper planning by the respondents. There is no justification to install such machinery and keep the same idle on the specious contention that qualified persons could not be available to operate the said machinery. The State Government should have ensured that all such personnel were available before they could plan the type of machinery which was to be installed in the said hospital. The State Government should be aware that the primary duty of the Government is to secure the welfare of the people and to provide adequate medical facilities for the people is the essential part of the obligation of the Government. Failure on the part of the Government in providing timely medical treatment to the persons in need would result in violation of the rights of the citizens. The State Government is expected to take all measures so that timely assistance is provided to the citizens in case of persons in serious/moribund conditions.
For the aforesaid reasons, we had passed the earlier order to ascertain as to whether a I.C.U. unit could be started in the vicinity of the new hospital. On perusing the affidavit on behalf of the State Government, we find that such facilities cannot be put in place at the old hospital. The State Government is also trying to contend that such facilities cannot be provided at the new hospital in view of lack of competent personnel to operate the new machinery at the new hospital. It appears that the new machinery installed at the new hospital are mere showpieces which are left idle for more than one year and the citizens could not take any benefit therefrom though substantial expenditure has been incurred. The State Government should have taken immediate measures to ensure that competent persons were available to operate the said machinery especially as similar machinery and services are stated to be in place at the Goa Medical Hospital at Bambolim. The delay in opening the hospital is causing grave inconvenience to the citizens who seek medical assistance in their respective districts.
We are not called upon to decide the legality of operating the hospital on a public private partnership basis considering the submissions of the learned Advocate General that said aspect is at a nascent stage and the State Government is contemplating different options with that regard. As such, we shall not consider the contention of the learned Senior Counsel Shri Lotlikar that the State Government should not proceed in a public private partnership in operating the new hospital at this stage nor shall we adjudicate upon the submission of the learned Advocate General that the State Government is entitled to change its policy in view of the changed circumstances.
Be that as it may, we accept the contention of the learned Senior Counsel Shri Lotlikar that the new hospital has to be commissioned immediately as any delay is causing great inconvenience to serious/moribund patients who have to be attended to urgently. It is reported that an O.P.D. and Pediatric wing has already been started at the new hospital. Our concern is to ensure that the new District hospital is commissioned at the earliest without any further delay and the respondents should take adequate legal measures in that regard.
We accordingly direct the State Government to commission the new District hospital in Mapusa and ensure that all facilities are available therein including an I.C.U. and Trauma unit on or before 31st March 2011. Place the matter for further hearing in the second week of April, 2011 i.e. 11-4-2011.