Avinash Azad
In a significant order, a Division Bench of the High Court of J&K and Ladakh (Jammu Wing ) through virtual mode comprising Chief Justice N. Kotiswar Singh and Justice M.A Chowdhary has expressed its serious concern over the shortage of Medical Officers / Paramedical Staff in Jammu Province and has issued directions to the J&K Government particularly Secretary to the Government, Health and Medical Education Department to indicate the steps taken to fill up the large number of vacancies of Medical Officers as well as the non-gazetted and class –IV Employees in Jammu Division as well as the Kashmir Division.
The Division Bench headed by Chief Justice N.Kotiswar Singh further directed that the aforesaid information be placed on record by way of an affidavit and the said affidavit shall also indicate the steps taken in respect of far flung areas of Districts of Reasi, Poonch, Ramban, Kupwara , Baramulla etc where the vacancies appear to be quite significant. These significant directions were issued in a Public Interest Litigation ( PIL NO.16/2018) filed by RTI Activist Balwinder Singh highlighting acute shortage of Medical officers and Paramedical Staff in various Health Institutions of J&K particularly in remote areas of Jammu Province. The PIL is based upon RTI information wherein it has been disclosed that in several Districts of Jammu Province, there is sixty to seventy percent short fall of Doctors and Paramedical staff.
When this PIL came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and Mohd Zulkarnain Chowdhary drew the attention of the Division Bench towards the latest status report filed by the Health and Medical Education Department, J&K Govt wherein the comparative statement of the availability of Doctors and Paramedical Staff in Jammu and Kashmir Provinces were indicated.
Advocate S.S Ahmed further submitted that as per the information disclosed in the status report, there is sanctioned strength of 319 Medical Officers in Jammu District and 254 are in position and 65 vacancies are lying vacant. In Doda District sanctioned strength of Medical Officers is 125, 43 are in position and 82 slots are vacant. In Kishtwar the sanctioned strength is 82, 33 are in position and there is short fall of 49. In Poonch sanctioned strength is 140, 56 are in position and there is short fall of 84. In Kathua sanctioned Strength is 164, 65 are in position and 99 slots are lying vacant. In Rajouri District sanctioned strength is 148, 66 in position and 82 is the short fall. In Samba District sanctioned strength is 69, 47 in position and 22 is the short fall. In Reasi district sanctioned strength is 98, 43 in position and 55 is the short fall. In Udhampur sanctioned strength is149, in position 63 and 86 is the short fall.
Advocate S.S Ahmed vociferously argued that position is much better in Kashmir Province whereas the Govt of J&K seems to be non-serious towards health care for Jammu Province. Advocate Ahmed referred to the comparative statement and impressed upon the Division Bench to issue appropriate directions to the J&K Govt. to show some seriousness towards the shortage of Doctors / Paramedical Staff in Jammu Province.
The Division Bench after going through the comparative statement filed by the J&K Govt. observed that, “Perusal of the status report filed by the Deputy Secretary to Government, Health and Medical Education Department dated 29th May 2023 would indicate the comparative staff strength in the posts of Medical Officers and Non gazetted and class-IV Employees in Jammu Division as well in Kashmir Division. In respect of the Jammu Division the total sanctioned strength of Medical Officers for all Districts is 1390 posts of which 726 posts are in position and remaining 664 posts are lying vacant. Similarly, in respect of non-gazetted and Class-IV Employees in Jammu Division out of sanctioned strength 6868, only 4379 are filled up with the remaining 2489 vacant”.
The Division Bench further observed that, “On the other hand in respect of Kashmir Division total sanctioned strength of Medical Officers is 1467, out of which 1395 are in position and only 72 are lying vacant. Similarly, in case of non-gazetted and Class-IV Employees in Kashmir Division, out of sanctioned strength of 8628 posts, 5976 are in position and 2651 are lying vacant. Thus, it indicates a skewed figure in respect of Jammu Division vis-a-viz Kashmir Division”. The Division Bench headed by Chief Justice N. Kotiswar Singh expressed serious concern over the massive short fall of Doctors /Paramedical Staff in Jammu Province and directed the Health and Medical Education Department to indicate the steps taken to fill up the large number of vacancies in respect of Medical Officers as well as the non- gazetted and class-IV Employees in Jammu Division as well as the Kashmir Division. The Division Bench also directed Deputy Solicitor General of India Vishal Sharma appearing for U.T of Ladakh to furnish necessary information with regard to health care position in respect of U.T of Ladakh without fail on the next date. At this stage, Advocate S.S Ahmed submitted that in several far flung / hilly areas of Districts Reasi, Poonch, Ramban, Kupwara and Baramulla, the Health Institutions lack Medical Officers / Paramedical staff and the Public has been left to the mercy of God and in several Primary Health Centres / Dispensaries there is 100% short fall of vacancies and the Govt of J&K has miserably failed to provide Health care to the Rural population. He further submitted that the entire population of J&K deserves better health care at door step. While parting with the order, the Division Bench took note of the submissions made by Advocate S.S Ahmed and directed that the affidavit to be filed by the Govt of J&K shall also indicate the steps taken in respect of far flung areas of Districts of Reasi, Poonch, Ramban, Kupwara and Baramulla. The Division Bench directed the Registry to re-notify the instant PIL on 28th of August, 2023.
