Contempt in PIL regarding facilities for cancer patients
DB directs Commissioner/Secretary, Health to appear in person
22/07/2017
JAMMU, July 21: In a contempt petition filed by AV Gupta in public interest litigation regarding direction to the State to provide basic health facilities for treatment of cancer in the State of Jammu and Kashmir and also to provide adequate number of oncologists, Oncosurgeons, PET scan machines and all other experts in the relevant field for the treatment of various types of cancer in all the regions of the State of Jammu & Kashmir.
A Division Bench of State High Court Comprising Justice Tashi Rabstan and Justice Sanjay Gupta after hearing Adv Aditya Gupta for the contempt, directed Commissioner/Secretary Health & Medical Education to appear in person.
This contempt petition filed for implementing judgment of Division Bench whereby Division Bench directed that in the Medical Oncology Department of GMC, Srinagar 3 Oncologists are available. In SKIMS, MS General Surgery, DNB, MRCS, Fellow ship in surgical Oncology and UICC Thoracic Oncosurgery are available. Thus, it is evident that in medical collage Jammu there is no Oncologist, who alone can diagnose the Cancer and suggest the treatment to be given to cancer patient.
It is contention of the Deputy Advocate General that on 16.3.2011, the government Addressed a letter to the Secretary Public service Commission to select Medical Oncologist and till date no person is selected and Government is contemplating to feed up appointment of Oncologists in Government Medical Collage, Jammu. It is relevant to note at this juncture that cancer patients cannot wait for selection of oncologist. Their immediate requirement is to get proper diagnose and timely treatment. There are oncologists in Medical Institutions in Srinagar and till selection is made through Public Service Commission to fill up the posts of oncologists in Govt Medical Collage, Jammu, a direction is issued to the respondents to send at least one Oncologists on deputation basis to Government Medical Collage, Jammu for diagnosis and suggesting treatment to the cancer patients.
Division Bench further directed that in the light of the Right to life guaranteed under Article 21 of Constitution of India, which the government is bound to provide. It is not the case of the respondents that qualified oncologists are not available in State of Jammu & Kashmir and even if they are not available it is for the state to get services of Oncologists from neighboring states. The said direction is directed to be complied with by the 1st respondent within a period of two weeks from the date of receipt of this order.
In so far as the prayer made to provide PET Scan Machine is concerned the 1st respondent is directed to take effective steps to get PET Scan Machinery in all medical collages, which is required for proper diagnosis and the said issue is to be taken note of with all seriousness and same shall be provided in all Government medical Collages where cancer patients are to be treated, within a period of Six Months wherever the said machinery is not available.
When the contempt petition listed for hearing, Division Bench observed that on May 31, 2017, Sr.AAG was granted two weeks' time to file status report failing which it was directed that this Court shall be constrained to pass appropriate orders against the respondents. Thereafter the matter was again listed on 19.7.2017. On 19.7.2017, it was adjourned at the request of Dy. AG and fixed for today.
Today, neither status report nor anyone appeared for respondent, Division Bench directed Respondent to appear in person on the next date of hearing to explain his position for not
complying with the orders of the Court. JNF
Share This Story |
|
Comment On This Story |
|
|
|
|