High Court Bench expresses displeasure over poor health facilities in J&K, Ladakh

A Division Bench of the High Court of J&K and Ladakh at Jammu comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary expressed its displeasure over the health facilities in the two Union Territories and also for non-filing of response by both the UTs to the 14 suggestions filed by the advocate on behalf of the petitioner.

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Advocate Sheikh Shakeel Ahmed presented the case on behalf of petitioner Balwinder Singh.

The Division Bench after hearing Ahmed and Senior Additional Advocate General SS Nanda appearing for J&K, Deputy Solicitor General of India Vishal Sharma appearing for Ladakh in the public interest litigation titled Balwinder Singh V/s UT of J&K and Ors observed, “It is also stated that many medical officers, who are posted in the health institutions of the rural areas, manage their deputations/attachments in the urban areas, leaving the rural population without medical facilities at their respective places. Such a casual approach of not providing health facilities in the rural areas sometimes contributes to avoidable untimely deaths.”

Advocate Ahmed submitted that since 2012, no recruitment has been made for filling up the posts of dental surgeons in J&K and he also drew the attention of the Court for insufficient posts of dental surgeons in rural areas.

The Division Bench, while expressing displeasure, further observed, “It is very strange that the basic amenities of health are being dealt with casually particularly in the rural areas of the UTs of Jammu and Kashmir and Ladakh. Providing health facilities, which is basic need of the public, must be the priority of the government in a welfare state.”

The Division Bench further observed, “This Court records its anguish over the health facilities in the UTs and are directed to take a holistic view of the matter, so as to ensure that the basic health facilities are made available to the people. The respondent - Department of Health and Medical Education is expected to take a call on the creation of posts of medical officers/dental surgeons/consultants and para medics in the health institutions, particularly in the peripheral areas and also ensure that the posts already created are filled up on a fast track basis and the deployments/attachments made from the rural health institutions to the cities is stopped forthwith so that the people of rural areas get some solace, on their health issues.”

Taking serious note of the submissions made by Advocate SS Ahmed, the Division Bench directed the Health and Medical Education Department of both the UTs to file response affidavit to the 14 suggestions within four weeks.