Supreme Court slams UP govt over massive 1800 vacancies in District Hospitals, directs measures

New Delhi: Slamming the Uttar Pradesh Government over the huge vacancies in its District hospitals the Supreme Court recently suggested some measures to deal with the issue.

The top court bench comprising of Justices Sanjay Kishan Kaul and M.M. Sundresh took note of the fact that even though last year the State Government tried to fill up 3620 posts of doctors through the State Public Service Commission, only 1881 doctors could be selected, leaving a vacancy of about a little under 1800 doctors, while some of the doctors may have retired over the last one year.

Emphasizing on the point that ensuring the presence of adequate medical facilities at the district levels is among the primary functions of the State Government, the top court directed the Government to file an affidavit within four weeks addressing the short term measures for fulfilling the requirements of having adequate doctors at the district levels.

The top court bench has given the following suggestions to the State for meeting the requirement of doctors in the Hospitals-

(i) The State Government can look into an endeavour to retain doctors who may be demitting office on retirement till such time as the vacancies are filled in by providing a requisite incentive for them including age increase.

(ii) Insofar as the specialists are concerned, the possibility of giving adequate remuneration to make it worth their while to be willing in the district level postings can also be examined. These are only illustrative examples and the State authorities would be best equipped to look into the feasibility of these or other options.

(iii) The State may also look to the methodology adopted by other States to buttress their resources including in Tamil Nadu.

"We thus call upon the State Government to furnish to us an affidavit setting forth as to how in the short term will they fulfill the requirement of having adequate doctors at the district levels. The affidavit be filed within four weeks," observed the top court bench.

Also Read: 10 years compulsory service, Rs 1 crore penalty for DNB doctors passing out of District Hospitals in UP

These observations and directions came from the Supreme Court while considering a bail plea filed in connection of the death of a patient who died due to the lack of a surgeon at the Sambhal district hospital. As there was no surgeon present at the District Hospital at Sambhal, the patient had to be referred to the District Hospital, Moradabad. She passed away after 10 days.

Previously, during the hearing of the case on 18.1.2022, the bench had directed the counsel for the State to verify the reasons for the absence of any Surgeon in the District Hospital, Sambhal and submite an affidavit in this behalf.

The bench later had observed that the Chief Medical Superintendent of the concerned District had time and again written to the Government for filling up the vacant posts in the District Hospital, Sambhal. It had also been noted by the bench that for male and female doctors/attendants, there were around 62% and 70% vacancies respectively. Opining it to be a very disturbing scenario, the bench had directed the State to file an affidavit addressing the situation in 75 district hospitals in Uttar Pradesh.

On the last date of hearing of the case, i.e. on March 29, 2022, the bench perused the affidavit filed by the Additional Director of the Human Resources Department and noted that it "does not paint a good picture of the availability of medical services at District levels, albeit according to them because of paucity of qualified doctors being selected."

The affidavit pointed out that in pursuance to the requisition sent on 22.03.2021 for recruitment of doctors through State Public Service Commission, against 3620 posts, only 1881 doctors could be selected, leaving a vacancy of about a little under 1800 doctors and in the meantime, some may have also retired over the last about one year.

It has also been stated in the affidavit that in some specialties the problem is greater i.e. in Gynecologist, Anesthetist, Paediatrician and General Physician.

The affidavit also mentioned some steps or measures to deal with the issue-

It had been stated that utilization of these processes implies that there is transition phase going on at present.

Referring to this, the bench opined before the counsel for the State that some of these steps seem to be long term ones and also mentioned that there should be some "short time solutions too."

Suggesting some short time measures like retaining the doctors after retirement, giving adequate remuneration to specialists, inspecting the methodology adopting by other states etc. the bench directed the State furnish an affidavit in this regard within four weeks.

"We thus call upon the State Government to furnish to us an affidavit setting forth as to how in the short term will they fulfill the requirement of having adequate doctors at the district levels. The affidavit be filed within four weeks," noted the bench.

At this outset, Advocate Mr. Rauf Rahim, the counsel for the applicant submitted that even though the chart was received only the day before the hearing, he was able to flag the issue of absence of sanctioned posts for General Surgeons and gave some illustrations as well.

Responding to this, the bench directed, "A copy of the same be handed over to learned counsel for the State. The problem is also of Gynecologist so far as the availability is concerned in some districts. The chart prepared by learned counsel to be looked into by the State and a suitable response be incorporated in the affidavit."

Listing the matter for further hearing on 13.05.2022, the bench noted, "'In the end, we may emphasis that providing adequate medical facilities at the district levels along with education are the primary functions of any dispensation of the State power and we expect a focus on this aspect by the State Government, now that the elections are over."

To read the top court order, click on the link below.