Consider Decentralization Of Medical Purchases For Hospitals : Bombay High Court To Maharashtra Govt

"We are of the view that in the interest of efficient management of Hospitals and making available proper treatment to patients being admitted to the Government Hospitals in an effective and quicker manner, it is necessary that the Deans of these colleges are permitted to make purchases of all the medical essentials at their respective levels…" the bench observed.

A division bench of Justice Sunil Shukre and GA Sanap observed that the delay caused in the centralized process is the main reason for the severe shortage in the availability of these essential.

The bench passed the order in a writ petition from 2000. Earlier this month the court issued necessary directions regarding the non-availability of IV Fluids, Mask, Gloves, Medicines and other essentials required for treating various patients, including Covid-19 patients.

The bench cited earlier orders to note that de-centralising the process would save costs. It will also save time spent in getting purchase orders passed at different desks of Mantralaya, the bench noted. Additionally, it would improve the hospital's functioning by giving Deans of Medical Colleges the discretion to make purchase orders at their level.

"Therefore, time has come for the State of Maharashtra to consider the issue of de-centralizing the process of purchase of medical essentials in the light of the observations made by us just now and also from time to time."

The court said that while granting de-centralization, the state was free to impose additional regulations, including fixation of the financial limits, and to ensure quality purchases at the local level.

"We therefore, expect the Finance Department of the State of Maharashtra to take a decision in the matter in accordance with law…at the earliest, and inform this Court accordingly in due course of time, preferably within a period of three months from the date of this order."

The bench recorded that in March 2017 itself the government pleader has submitted that the State government was actively considering allowing college Deans to make local purchases of medical essentials and the file was pending before the Finance Department. However, nothing has happened since.

The court observed that there shouldn't be an apprehension that Deans would commit any irregularities since there is already a procedure in place determining the manner in which such purchases should be made transparently.

"…the settled law would tell us that every authority of the State and every Officer of the State is bound to follow the prescribed procedure in reaching a decision regarding spending government money for making purchases in a manner as would uphold the principles of fairness, transparency and good governance."

Regarding immediate measures to be taken for shortage, the court was informed by counsel F.T. Mirza that the Secretary, Medical Education had taken necessary steps and ensured stocks of essentials had increased.

Case Title: CH Sharma & Oths Versus State of Maharashtra and others

Citation: 2022 LiveLaw (Bom) 25