'Not A Good Picture' : Supreme Court On Vacancies In District Hospitals In UP

"Providing adequate medical facilities at the district levels along with education are the primary functions of any dispensation of the State power and we expect a focus on this aspect by the State Government, now that the elections are over," a bench comprising Justices SK Kaul and MM Sundresh observed.

In February, the Court had rapped the State Government over the vacancies in District Hospitals (around 60%), which it termed a "disturbing scenario". The Court had then sought an affidavit from the State on the vacancy position in al 75 District Hospitals.

On March 29, after reading the affidavit filed by Additional Director, Human Resources Department, the Bench observed that it does not "paint a good picture of the availability of medical services at District levels".

On perusal of the steps in the affidavit, the bench in their order said that there had to be some short term solutions to fulfill the requirement.

While remarking that the state authorities would be best equipped to look into the feasibility of other options, the bench listed some illustrative examples such as:

• State endeavouring to retain doctors who may be demitting office on retirement till fulfilling of vacancies by providing a requisite incentive for them including age increase
• Giving adequate remuneration to the specialists to make it worth their while to be willing in the district level postings

It also suggested the State to look to the methodology adopted by other States to buttress their resources including in Tamil Nadu.

"The State may also look to the methodology adopted by other States to buttress their resources including in Tamil Nadu", the Court stated in the order.

The affidavit had stated that in pursuance to the requisition sent on March 22, 2021 for recruitment of doctors through State Public Service Commission, against 3620 posts, only 1881 doctors could be selected, leaving a vacancy of about a little under 1800 doctors. It further stated that in some specialties such Gynecologist, Anesthetist, Paediatrician and General Physician, the problem was greater.

The affidavit had also laid down the following steps which the State had sought to take:

a) Since doctors in State are placed at 7 levels of hierarchy, to promote specialist doctors to join State Government hospitals, direct appointment is being given at level 2;

b) A scheme known as 'Ambulance at Call' floated in collaboration with Central Government to provide access to rural areas;

c) Conversion of district hospitals into medical colleges and hospitals to facilitate increase in the number of specialist doctors;

d) The quota system is introduced for those doctors who are already working at district hospitals of Government to acquire specialization in different medical fields while they will simultaneously be working as doctors with some relaxation of marks for them.

The Court has called upon the State Government of Uttar Pradesh to file an affidavit within 4 weeks setting forth as to how in the short term they would fulfil the requirement of having adequate doctors at the district levels.

Accordingly the bench adjourned the matter for May 13, 2022.

Case Title: Hazi Mushahid v State of UP & Anr| Criminal Appeal No(s). 196/2022