
BENGALURU: The Karnataka High Court directed the Department of Health and Family Welfare to constitute a three-member committee headed by the secretary of the department to continuously oversee and implement a mechanism to ensure medical facility and medical infrastructure, including medical and para-medical personnel, at all levels – city, district and rural.
A division bench of Chief Justice NV Anjaria and Justice KV Aravind passed the order while disposing of a public interest litigation that was taken up suo motu based on a report – “Karnataka Short of 16,500 Medical Personnel” – published by TNIE on October 16, 2023.
“The whole underlying purpose for initiating the present suo motu public interest litigation was to effectuate the fundamental right to health and to orient and activate the state authorities in-charge of the healthcare to achieve the welfare-purpose,” the court said.
TNIE’s report was published based on a study “$1 Trillion Economy Karnataka’s Vision” released by the Federation of Indian Chambers of Commerce and Industry. Apart from vacancies, TNIE also highlighted a shortfall of 454 primary health centres (PHCs) in the state and inadequate medical facilities in rural areas. After taking up suo motu cognisance of the report, the court while passing the order on November 7, 2023, appointed advocate Shridhar Prabhu as amicus curiae and advocate B Vachan to assist the court on the issue.
In a series of directions, the court said the committee headed by the secretary should every six months collect and assess relevant details from districts about the number of vacancies of medical staff in different categories, the need for upgrading or further extending the medical infrastructure and PHCs run by the government and should take steps to fill up vacant posts.
The court said the committees should be constituted at the district level headed by deputy commissioners for a similar exercise to collect details of medical staff vacancies, infrastructure and medical facilities at district and taluk levels every six months and to take steps to fill the vacancies. To upgrade PHCs in rural areas and provide facilities from time to time, the court directed the state government to undertake the survey periodically, preferably every six months and decide about establishing additional PHCs on need basis in villages.
Directing the Health and Family Welfare Department to evolve and set up a mechanism to see that there is proper coordination and supervision in implementing different health schemes of the central government and the state government, the court said the budgeting provision for the purpose should be properly and adequately made and there should be purpose-serving spending of the budgetary allocations.