IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA. CWPIL No.: 52 of 2009. Decided on: 16.12.2011. Court on its own motion. … Petitioner. Versus 1. State of Himachal Pradesh through Principal Secretary (Health) to the Government of Himachal Pradesh, Shimla. 2. Director of Health Services, Himachal Pradesh, Shimla. … Respondents. _____________________________________________ Coram The Hon'ble Mr. Justice Kurian Joseph, C.J. The Hon'ble Mr. Justice Rajiv Sharma, J. _____________________________________________ For the petitioner : Mr. Adarsh Sharma, Amicus Curiae. For the respondents : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General and Mr. J. K. Verma, Deputy Advocate General. ____________________________________________________ Justice Rajiv Sharma, .J. (Oral ) In sequel to our order dated 9th November 2011, the learned Additional District and Sessions Judge, Shimla, camp at Rohru has carried out the inspection of Civil Hospital, Rohru on 12.12.2011. The report filed by the learned Additional - 2 - District and Sessions Judge is very comprehensive and has touched all the important issues necessary for managing the affairs of the hospital. 2. According to the report, there are 17 sanctioned posts of Medical Officers, but only 7 are functional. In the report, there is a reference to inspection note dated 21.3.2011 of the learned District and Sessions Judge whereby Government has shown its desirability of posting one specialist each in Medicine, Surgery, Orthopedics, Gynecology, Ophthalmology, ENT, Anesthesia, Pediatrics and Radiology in this hospital. The Chief Medical Officer, Shimla has apprised the learned District and Sessions Judge that Anesthetist and Radiologists are sent to Civil Hospital, Rohru once or twice in a month. There is improvement as far as appointment of Ward Sisters is concerned. Out of 8 sanctioned posts, 6 Ward Sisters are discharging their duties. There is problem with regard to unauthorized parking of vehicles inside the hospital campus. Repairs are also required to prevent seepage in the Emergency Ward of the hospital. The drain, as per para-13 of the report, is also required to be covered. 3. We had been earnestly hoping that the things would improve in the hospital to the satisfaction of the patients. But, the fact of the matter is that there is no large scale improvement in the functioning of the hospital. Civil Hospital, Rohru caters to the patients of Tehsil Rohru, Chirgaon and Jubbal of district - 3 - Shimla. The residents of the area have a fundamental right to get best health services. It is a duty cast upon the State to provide infrastructure and competent doctors to treat the patients. The purpose of getting the inspections carried out from the Judicial Officers was to sensitise the system. The Director, Health Services, Himachal Pradesh and Chief Medical officer, Shimla should have by now taken necessary steps to fill up all the posts of Medical Officers as well as the specialists. The respondent-State has not even complied with our directions issued vide order dated 9.11.2011 whereby we had directed the State to fill up the posts of specialists in Medicine, Orthopedics, Gynecology, Pediatrics. 4. Accordingly, the present petition is disposed of by issuing the following directions to the State:- i) to fill up all the 10 posts of Medical Officers lying vacant in Civil Hospital, Rohru; ii) to fill up the posts of specialists in Medicine, Orthopedics, Gynecology, ENT, Pediatrics and Radiology; iii) to appoint regular Anesthetist and Radiologist in Civil Hospital, Rohru on regular basis; iv) to fill up the two posts of Ward Sisters; v) Incharge of Civil Hospital, Rohru is directed to see that there is no entry of unauthorized vehicles in Civil Hospital compound; and - 4 - vi) to carry out the necessary repairs to prevent leakage in the Emergency Ward of the hospital and drain at the entrance of the hospital be also covered. These directions are pre-emptory and be complied with within a period of six weeks from today. It is made clear that till the doctors/staff mentioned hereinabove is not appointed, the Chief Medical officer, Shimla and Block Medical officer, Rohru shall treat the patients by visiting Civil Hospital, Rohru every fortnightly. Their presence will improve the infrastructure and the process of filling up the posts will also be expedited. The affidavit of compliance be filed by respondent No.1 before the Registrar General of this Court immediately after the expiry of six weeks. The pending application(s), if any, also stands disposed of. No costs. (Justice Kurian Joseph) Chief Justice. (Justice Rajiv Sharma) Judge. December 16, 2011. (sck).