Hope Both Centre & State Govt Expedite Process For Establishment Of Second AIIMS In Bihar: Patna High Court

Closing proceedings in a petition seeking a second All India Institute of Medical Sciences (AIIMS) in Bihar, the Patna High Court said it hopes that both the Central Government and the State Government would expedite the process of the establishment of the hospital as the same "would definitely inure to the benefit of the residents of the Bihar and would be a major step in providing quality tertiary health care".

The court was hearing a petition filed by Koshi Vikas Sangharsh Morcha for establishment of state's second AIIMS under the Pradhan Mantri Swasthya Suraksha Yojana (PMSSY) in Saharsa district. The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad said:

"These are all policy matters where this Court would hesitate to interfere in and it involves a lot of deliberations, compliances of requirements and conditions which cannot be precipitated by issuance of a writ of mandamus."

The petitioners, represented by Senior Advocate Ratan Kumar Singh, earlier submitted  though the high court would normally desist from interfering in policy matters, the state government has accepted the proposal and what remains is only identification of the exact location. The court's intervention was sought in expediting the finalization of the proposal made by District Magistrate, Saharsa, providing 217.74 acres for the construction.

The location identified by the State of Bihar at Darbhanga does not satisfy the requirements under the Scheme and there is a specific proposal made by the District Magistrate, Saharsa which would satisfy the land requirement as per the scheme, the senior counsel said.

Advocate General Mr. PK Shahi pointed out that land in Bihar is limited, and submitted that the State had already identified a suitable location in Darbhanga. He explained that further deliberations and compliance with additional conditions are necessary before the institution could materialize. 

The division bench noted that the Ministry of Health & Family Welfare had previously requested approximately 200 acres of land for the establishment of an AIIMS-like institution in 2015.

The court also noted that earlier also a public interest litigation was filed praying for a second AIIMS in Bihar, where tentative approval for the Darbhanga location was granted, subject to certain conditions. The court had then said that the State could take appropriate action insofar as complying with the conditions, in accordance with law and meeting the requirements so as to ensure the establishment of the institute at the earliest.

Considering these factors, the bench headed by Chief Justice Chandran said the petition seeking the establishment of an AIIMS in Saharsa cannot be entertained.

"We are of the opinion that there is no purpose served by the above writ petition and there cannot be any claim that the location of an institution established by the Central Government, with the active cooperation of the State Government, should be at one location or the other. It is for the State Government to identify the location and for the Central Government to approve the pointed location," the bench said.

Case Title: Koshi Vikas Sangharsh Morcha and Ors vs. Union of Indiaand Ors Civil Writ Jurisdiction Case No.2729 of 2023

Appearance :

For the Petitioner/s : Mr. Ratan Kumar Singh, Senior Advocate Mr. Rajesh Kumar Singh, Advocate, Mr. Sumit Kumar, Advocate

For the Union of India : Dr. Krishna Nandan Singh, ASGI Mr. R. K. Sharma, C.G.C.Mr. Sriram Krishna, J.C. to ASG

For the State : Mr. PK Shahi, AG