Doctors unwilling for remote postings: HC junks plea seeking medical college in every district
Punjab & Haryana High Court Rejects Petition Against Clinic in Panchkula
Dehradun: Observing that qualified medical doctors are not even willing to accept appointment in the remote areas, and that being the position, expecting either the government or private entities to establish medical colleges in the far flung areas become unreasonable, the Uttarakhand High Court has rejected a PIL seeking to to establish medical colleges in all 13 districts of the state.
A division bench comprising Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal, additionally clarified that it is not necessary to set up a medical college to provide good medical facilities in a district.
The court dismissed the Public Interest Litigation (PIL) filed by Surbhi Shah that demanded governmental direction to establish medical colleges in all 13 districts of the state, aiming to ensure superior medical facilities.
Rajiv Dutta, learned Senior Counsel, appearing for petitioner contested the issuance of permits for establishing private medical colleges in the plain districts.
The petitioner informed the court that government-operated medical colleges are confined to just five districts: Dehradun, Haridwar, Nainital, Almora, and Pauri Garhwal. In addition to this, authorization has been granted for establishing three private medical colleges in Dehradun.
It was further submitted that, under the Regulations framed by the National Medical Commission (NMC), the guideline is that the Essentiality Certificate, for setting up of Medical Colleges, should be granted while also keeping in view the fact that they should not be in close vicinity of each other, i.e. within 15 km of each other.
However, opposing the grant of Essentiality Certificate for setting up of private Medical Colleges in the plain districts of the State, the court said;
"We are not inclined to entertain this Writ Petition, and we reject the same. The reason for the same is that the State has a very different topography/ geography, as compared to other States, having large plain areas. Due to the hilly terrain of the State, there is uneven distribution of the population in the State. The plain areas account for very vast majority of the population, and the hilly areas are very sparsely populated. There is acute shortage of medical personnel in the State. Therefore, one cannot grudge the fact that Essentiality Certificate is being granted in respect of the districts having plain areas, such as the districts of Dehradun, Haridwar, Nainital etc."
The court further conveyed that having a medical college in a district isn't a necessary prerequisite for delivering commendable healthcare services. Rather, the bench suggested that the government should reinforce healthcare amenities in each district. It noted;
"Our experience shows that qualified medical Doctors are not even willing to accept appointment in the remote areas of the State. That being the position, it would be too much to expect - either from the State, or the private entities, to set up Medical Colleges in the far flung areas. We also find that, while the petitioner seeks, in the Writ Petition, to oppose setting up of new Medical Colleges in the plain districts, the submission of Mr. Dutta is, primarily, to say that the remote districts of the State do not have proper medical facilities."
It eventually dismissed the petition and noted;
"In our view, these are two different things. It is not necessary that, to provide good medical facilities in a district, the said district should also have a Medical College. We, therefore, reject the Writ Petition so far as relief nos. i to iii, sought in this Writ Petition, are concerned."
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