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Judgment
F.M. Reis, J.—We have heard the learned Amicus Curiae, Shri S. D. Lotlikar, Senior Advocate and the learned Advocate General on behalf of the State and perused the records. Shri Lotlikar, learned Senior Counsel, appointed as Amicus Curiae, has taken us through the Orders passed by this Court from time to time in connection with the shifting of the Hospital at a new premises at Mapusa, Bardez, Goa. The learned Senior Counsel has pointed out from the Commissioner''s report appointed by this Court, to visit the hospitals and make a report concerning the Health Care Management of the Goa Medical College, Hospital and two District Hospitals, namely the Asilio Hospital at Mapusa and the Hospicio Hospital at Margao and also the Primary Health Centre, that, with regard to the Health Care at Asilio Hospital, the Commissioner had observed that in reality, the said hospital does not function as a District Hospital. It was further stated therein that the building being very old, the state of maintenance is very bad. It was further stated that they were informed that the hospital was going to be shifted very shortly to a new premises situated at a very short distance from the present premises and the construction of the new building and the shifting would not justify such condition of the Hospital premises which are otherwise required to be kept clean and in an unpolluted environment. The deficiencies in the Pathological Department were also mentioned therein. It was further stated that the hospital does not have an Intensive Care Unit and a Trauma Unit which being a hospital to cater to the District population should otherwise have of its own to avoid a congestion at the Goa Medical College, Hospital.
The learned Senior Counsel further pointed out from the affidavit dated 22nd September, 2008, filed by the State of Mr. Dattaram G. Sardessai, who has stated that a new District Hospital is under construction and that the said Hospital is expected to be operational by the end of that year and the bed strength would be 190. In para 13 of the said affidavit, the said deponent had stated the measures taken to maintain the cleanliness of the Hospital and with regard to the installation of Trauma Unit and an Intensive Care Unit in the existing Hospital, it was stated that these facilities will be made available in the new hospital which is already under construction and shall be commissioned by December, 2008. The learned Senior Counsel has also pointed out that in the submissions of Additional Affidavit with regard to the Inspection Report presented on 5th May, 2009, it has been mentioned therein that a new Asilio Hospital is not yet started functioning despite statement in the affidavit. That, in the additional affidavit filed on behalf of the State by said Shri Dattaram G. Sardessai, dated 30th June, 2009, he had stated that the new District Hospital at Mapusa, has been constructed and that the necessary equipment has already been set up and that recruitment for newly created posts for the Hospital was in process and the new hospital would be operational shortly. It was also stated that the decisions to carry emergency operations are taken by the concerned consultants and Anesthetics whenever required and emergency operations are carried out in the hospital. He further pointed out that in the affidavit dated 19.01.2010, said Shri Sardessai had stated that the new hospital constructed in Mapusa was provided with emergency units in addition to the normal treatment facilities. 2 CCU units and one NICU unit with ten beds. The hospital has eight Operation Theatres and 2 labour rooms besides other facilities. It was further stated that the process of recruitment of staff is already over and that the staff nurses have been recruited and are undergoing training. The process of appointment of Doctors through Goa Public Service Commission (GPSC) is already on and some posts have already been filled. For recruitment of other separate staff, the process is partly completed and will take about another month or so to complete the recruitment. It was further stated that it was proposed to run and operate this hospital in a most efficient manner with an attempt to deliver the best health care facilities to the patients. Accordingly, it was stated therein that a period of three to four months would be required to Commission the hospital. In an affidavit dated 20th July, 2010, said Shri Sardessai stated that the Government has now taken a Policy Decision to operate the new constructed District Hospital at Mapusa on a Public Private Partnership (PPP) basis in order to give the best of services to the people of the State of Goa. It was further stated that in order that the hospital may function in an efficient manner, it will not be possible until a private operator is roped in since the Government does not have enough hospital highly skilled human resources to run this hospital. For said purpose, a consultant was sought to be appointed for developing a model to operate the Mapusa Hospital on a Public Private Partnership basis. He had also stated that the Government had also invited tenders for appointment of a consultant which had been published on the newspapers dated 16th July, 2010.
Learned Senior Counsel has also pointed out that in another affidavit dated 12th August, 2010, said Shri Dattaram G. Sardessai, has stated that the new premises of District Hospital are totally different from the present set up and it is highly sophisticated and technologically advanced. It was also stated that the consultant, the Medical Officers and the paramedical staff, are not confident to work on the high tech machinery and the equipment. It was also stated that the hospital cannot be commissioned in parts as the entire hospital is computerized and the systems are integrated and need to be commissioned as a whole as they have been fitted with a centralized Air Conditioning system. He has also stated that it is not possible to start a Trauma Unit and an Intensive Care Unit in isolation as the said units would also require a Blood Bank, laboratory and the other supporting/ancillary units. He has further stated that the Government had already explored the other options like using the services of Goa Medical College consultants and private practitioners and that the Government has also tried to fill the vacancies of specialized Doctors, which are presently 108 in number. However, inspite of repeated advertisements, the response is very poor. He has further stated that the Government had recruited some additional staff to be employed in the new District Hospital but was recruited by Directorate of Health. He has further stated that the Government is examining the possibility of shifting the OPD''s either fully or partly at the earliest to the new District Hospital. The learned Senior Counsel pointed out from the Order passed by the Court dated 30th June, 2009 that the learned Advocate General had stated that the New District Hospital at Mapusa had already come up and the procurement of infrastructure as also recruitment is going on and the government hoped to Commission the recruitment by the end of July, 2009. He further pointed out from the Order dated 2nd March, 2010, that the learned Advocate General made a statement that 80% of the work in the hospital was complete and the work is undertaken by private contractors and that the remaining work would be completed within 15 to 20 days. It was further stated that the Government had completed the construction and is in the process of acquiring equipment but due to Code of Conduct in force, some delay occurred in processing the matter. It was further stated that the Government contemplated even to shift the hospital in a phased manner. The learned Senior Counsel as such submitted that necessary directions be issued to shift the hospital to the new premises forthwith.
On the other hand, the learned Advocate General appearing for the State has submitted that this is not an adversarial litigation but the Government had interest to ensure that the Health care of the state is improved. He further pointed out that in view of the non availability of specialized staff and other reasons, the State had taken a Policy Decision to run the new hospital on Public Private Partnership basis. He further pointed out that the Government would be in a position to start the hospital from end of March, 2011.
From the foregoing narration of the statements made in the affidavit, we are not at all impressed with the steps taken by the State for making the new hospital at Mapusa operational. We have pointed out different contradictory statements made by the State at different stages of the Petition. Initially, the affidavit dated 28th November, 2007, of the State disclosed that the hospital would be commissioned by the end of that year. It further discloses that the State had even made the recruitment of the staff and had also installed the machinery in the new hospital. Thereafter, the statements disclose that the Hospital would be commissioned by December 2008 and subsequently by somewhere in mid of 2009 and thereafter for different reasons it was sought to be made out that the hospital would be commissioned by May, 2010, which has not yet taken place. It is now sought to be contended that the hospital is going to be run on Public Private Partnership basis in view of a Policy Decision.
No doubt, the State may be entitled to take such Policy Decision which they are legally entitled to, nevertheless, they are bound to explain as to in what circumstances such different statements were being made to this Court in the said affidavit. At one stage, the impression sought to be given was that the staff was already recruited and that the machinery was in place and in the last affidavit filed by Shri Sardessai, it discloses that some sophisticated machinery has been installed for which specialized staff would be required and the same is not available. These claims have been made as late as in August, 2010, when in the initial affidavit in July, 2008, there was a statement that the hospital would be commissioned in December, 2008. The learned Advocate General had even made it clear to this court that the hospital would be commissioned in a phased manner. Now a total diverse stand is being taken to the effect that the whole hospital has to be opened simultaneously. In the report of the Commissioner appointed by this Court, apart from the other deficiencies which have been found in the old Asilio hospital, it has been pointed out that there is no ICU and Trauma Unit in the old Asilio hospital. Such facilities which are of utmost necessity to patients are not being provided by the State to the Public. The yawning delay of the State in not taking immediate effective measures to commission the new hospital does not augur well to the Health Care Management of the State. The attitude of the State as such does not assure us that the new hospital will be started in the immediate future. Before we pass further directions, we direct the State to file an affidavit within one month disclosing the following aspects :
(i) What steps can be taken to immediately introduce an Intensive Care Unit and Trauma Unit at the existing Asilio Hospital at Mapusa and improve the existing facilities at Asilio hospital during the interregnum until the new hospital is commissioned.
(ii) The list of the persons who have been recruited for the new hospital at Mapusa and the place where they are presently posted and in what circumstances the staff which was recruited for the new hospital was found to be incapable of manning the machinery installed at the hospital.
(iii) The details of the machinery installed at the new hospital at Mapusa.
(iv) Advocate Shri Ryan Menezes, is appointed as a Commissioner to visit the new Hospital at Mapusa and file a report stating the kind of machinery installed and the condition of the said machinery and the surgical equipment installed therein in the new hospital within one month from today