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Judgment
Sanjeev Kumar, J
Impugned in this petition is a communication of respondent no. 2 issued vide his No. DHSK/Plg/19/Dooru/2431-35 dated 16th of January 2019, whereby the respondent no. 2 has called upon the respondent no. 4 to shift the Sub Division Hospital (SDH), Dooru into the newly constructed building in consultation with respondent no. 3 at the earliest so that the equipments installed there and lying non-functional could be made functional in the best interest of health care.
The respondent no. 4 has also been asked to retain one Doctor, one Pharmacist and one Nursing Orderly at the old SDH building.
The petition is filed in representative capacity, asserting the grievance of residents of village Dooru, Bragam, Butgund, Nathipora, Mehmoodabad and Bemdoora, tehsil Dooru, District Anantnag. The grievance of the petitioners, as projected by them, in this petition, is that SDH Dooru is located in the heart of the town Dooru and has been in public service for the last so many years.
The hospital was last upgraded in the year 1974-75 and has been catering to the needs of over 70,000 population of village Dooru and its adjoining areas.
It is claimed that in pursuant of District Development Board decision, Model Hospital was announced for township of Dooru in the year 2015-16 and it was, at the time of announcement, made clear that the Model Hospital to be established in Dooru shall be a separate and additional health care facility for the area.
The petitioners rely upon a communication of the health department dated 05.04.2016, addressed to the Director Health Services Kashmimr, asking the later to furnish latest status of Model Hospital, so that the date for inauguration thereof could be fixed.
It is thus alleged that the respondents, instead of taking steps to make the Model Hospital functional, as it was conceptualized, have issued the impugned communication providing for shifting of SDH Dooru, to the newly constructed building.
In brief, the grievance voiced by the petitioners is that the SDH Dooru, should be allowed to function at its present location and the Model Hospital should function in the newly constructed building separately.
The grievance of the petitioner as culled out from the pleadings appears to be twofold:-
i. The SDH Dooru, should be allowed to function as it is and at its existing location.
ii. The Model Hospital for which the new building has come up should be made operational.
Respondents have opposed the writ petition by filing their written objections. It is submitted that impugned communication has been issued by respondent no. 2 only with a view to making the Model Hospital fully functional. It is stated that not only the new building for the Model Hospital has come up but necessary medical equipment is also in place. It is urged that the Model Hospital Dooru, when made fully functional, would cater the needs of not only the residents of Dooru, and its adjoining areas, but would also take care of the medical needs of the people from far flung areas like Kapran, Hengipora, Kokernag, Qazigund, as well as Banihal.
It is stated that respondents are all set to provide better medical facilities not only to the needy populace of Dooru and its adjoining areas, but to the people of far areas who do not have access to good medical facilities.
It is thus submitted that shifting of old SDH Dooru to the newly constructed Model Hospital would further the interest of ailing public who would have access to the latest medical facilities. Finally it is stated that contrary to what is contended by the petitioners, there is no decision by the respondents to have two hospitals in the same areas i.e SDH Dooru and Model Hospital.
Reliance is placed by the respondents also on the communication of respondent no. 1 dated 05.04.2016, (Annexure -2 with the writ petition).
Having heard learned counsel for the parties and perused the record, I am of the view that the grievance of the petitioners that Model Health Institution sanctioned for Dooru is to be made functional with latest medical equipments and posting of qualified Doctors is well founded and genuine and, therefore, needs to be addressed by the respondents at the earliest. There is nothing on record before me with regard to the status of medical facilities that are available in Model Health Institution at Dooru. The respondent no. 1 & 2 shall take all possible steps to give effect of the decision of the District Development Board, taken in the year 2015-16 to establish Model Health Institution at SDH Dooru.
Needless to say that unless the medical equipment and the requisite medicines and qualified doctors are provided, no hospital can claim to be a Model Health Institution. I will implore the respondents to take note of the medical needs of the area and make the Model Health Institution at Dooru, functional without any waste of time.
It shall always be open to the petitioners to approach this Court again if the respondents fail to make the Model Health Institution at Dooru fully functional with all medical facilities and requisite number of qualified doctors having specialization in different fields within a period of 6 months from today.
So far as the grievance of the petitioners that the staff etc of SDH Dooru should not to be shifted to the Model Health Institution, is not found well founded and, therefore, can not be accepted.
From the communication dated 5th of April 2015, issued by respondent no. 2, it is abundantly clear that the decision of the District Development Board taken in the year 2015-16 was to establish Model Health Institution at CHC Basohli in Jammu Division and SDH Dooru in Kashmir Division for which Rs. 2.50 lacs each were released in the month of December 2015. For facility of reference 1st paragraph of communication aforementioned is reproduced hereunder:-
In pursuance to District Development Board Decision 2015-16 the department on pilot basis decided to establish Model Health Institution at CHC Basohli In Jammu Division and SDH Dooru in Kashmir Division for which Rs. 500.00 lacs ( Rs. 250.00 lacs each) stands released in the month of December, 2015. Meanwhile, Hon'ble Chief Minister has informed the Department to Communicate the inauguration date of these model hospitals.
From the plain reading of the Communication, it clearly transpires that CHC Basohli Jammu Division and SDH in Kashmir Division were decided to be converted in the Model Health Institution.
It is thus not correct to say that in the District Development Board decision SDH Dooru and Model Health Institution were conceived to come up separately. As a matter of fact, the decision, on the fact of it, is to upgrade both the health institutions i.e CHC Basohli in Jammu Division and SDH Dooru in Kashmir Division into Model Health Institution. Otherwise, also it is within the domain of the executive to take such policy decisions and unless such decisions are found to be totally irrational, illogical and arbitrary, this Court would be loath of interfere.
For the foregoing reasons, I am not inclined to accept the 2nd grievance of the petitioners. With the aforesaid observations and the directions of this Court, this petition is accordingly disposed of.