Contempt in PIL regarding facilities for cancer patients

DB directs GOI, State to file status report

01/02/2019

JAMMU, JAN 31: 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 Chief Justice Gita Mittal and Justice Tashi Rabstan after hearing Advs Ajay Sharma & Aditya Gupta for the State applicant whereas AG DC Raina for the State and Adv Vishal Sharma ASGI for the Union of India, directed Ministry of Health and Family Welfare, Government of India to file a status report with regard to the extension of the aforesaid Scheme and the steps taken in respect of the proposal submitted by the Government of Jammu and Kashmir for setting up the facilities in Jammu.
DB further directed Health and Medical Education, Government of
Jammu and Kashmir to file a status report with regard to the appointments of faculty and persons on contract basis to enable utilization of the facilities in Jammu.
DB further directd Public Service Commission shall forthwith initiate the recruitment process for making appointments on regular basis to the Department of Nuclear Medicine in the Government Medical College, Jammu.
When the contempt petition came-up for hearing, Division Bench observed that Rajiv Kumar, Director, Ministry of Health and Family Welfare who appear in person informed the Court that a proposal for setting up of a State Cancer Institute in Jammu on the lines on which the same has been set up in Kashmir was received by the Government of India under Tertiary Care Cancer Facilities Scheme of the Government of India and is under consideration. However, for want of certain formalities with regard to grants made in the year 2004-05 (in respect of furnishing of a Utilization Certificate) as well as the removal of certain deficiencies in the proposal, the same could not be processed within the currency of the said Scheme.
As of now, the Ministry is awaiting extension of the Scheme which has to be accorded by the Union Cabinet. Till such time, the proposal cannot be moved further within the Ministry.
DB further observed that the matter in issue is of critical importance so far as the cancer treatment in the Jammu province and other parts of the State of Jammu and Kashmir is concerned and certainly brooked no delay.
Atul Dulloo, Principal Secretary to Govt., Health and Medical Education Department, who is present in Court submitted that so far as the State Government is concerned, it has identified the land for setting up the proposed cancer treatment institute and the building plans with regard thereto have the approval of all the concerned authorities including the Atomic Energy Regulatory Board. Mr. Dulloo informs this Court that the State Government is only awaiting release of an amount of Rs.120.00 crores which is vitally needed for commencement of the construction and operationalizing the facilities. Mr. Dulloo also informed the Court that the State Government has since notified the Recruitment Rules towards the faculty position in the Department of Nuclear Medicine in Jammu. A Government Order dated 10th December, 2018 in this regard has since been placed on record.
It was also informed the Court that the matter stands referred to the Public Service Commission for effecting the recruitment. Pending regular appointments, the State Government is stated to have initiated the process for making contractual appointments. Mr. Dulloo informs this Court that the process of such appointments is expected to be completed within two months from today. JNF

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