Lack Of Specialist Doctors Affecting Tribal Women & Children: Bombay High Court On '62% Medico Vacancies' In Govt Hospitals

The Bombay High Court was recently informed that 62% of the Group A posts of MBBS and BAMS doctors in Maharashtra Medical and Health Services are lying vacant. Out of 1786 posts, 1112 are vacant.

A division bench of Chief Justice Dipankar Datta and Justice M. S. Karnik took note of this in a Public Interest Litigation regarding deaths of women and children due to lack of proper medical care in the tribal belt of Maharashtra.

"…lack of specialist doctors and medical attendants to assist them is a major cause affecting the tribal women and children," the court noted, while asking the State to inform it about the steps being taken to fill the vacancies and reasons behind the situation.

Senior Advocate J. T. Gilda for the petitioner pointed out that the majority of the posts sanctioned by the Health Services Commissionerate for doctors and medical staff in the state are vacant. 74% of Maharashtra General State Service Group B (BAMS Doctors) posts are vacant, the court was told.

Gilda further said that considering the high number of sanctioned posts for Group C (Staff nurses, paramedical staff etc.) and Group D (peons, janitors etc), there are an unusually high 30% of vacant posts. For Group C, 22234 posts have been filled while 9351 posts are vacant.

Intervenor Bandu Sane submitted that there are 11 sensitive areas where medical facilities are inadequate and require immediate attention.

The petition, filed by Dr. Rajendra Burma, is seeking specialist doctors, nutrition and health facilities for children and expectant mothers in the tribal regions of the state.

"…the presence of an adequate number of pediatricians, nutritionists and gynecologists may go long way in securing timely medical assistance in the tribal areas…", the court observed.

As the appointments are supposed to be made by the Maharashtra Public Service Commission (MPSC), the court impleaded the MPSC and the Director of Medical Education and Research as respondents in the PIL.

Earlier, the court had summoned the Collector of Nandurbar district over the fact that 411 child and maternal deaths have taken place in the district since January 2022 due to malnutrition and lack of adequate medical facilities.

The Collector of Nandurbar filed an affidavit dated September 20, 2022 and also appeared personally before the court. A compliance report on Sane's observations was also filed stating that there are three boat ambulances and one floating boat dispensary in Nandurbar District.

Further, the construction of two bridges connecting the villages in the district to facilitate the travel of medical staff was delayed due to COVID but will be completed by December 2023, according to the affidavit.

"We do hope and trust that every endeavour would be made by the concerned authorities to complete the construction by the due date and even earlier", the court said.

The court also accepted an affidavit filed by Dr. Duryodhan Chavan, Assistant Director in the office of Commissioner of Health Services on behalf Maharashtra Public Health Department spelling out steps to tackle malnutrition in Melghat.

The affidavit stated that active steps to implement a report submitted by senior IPS officer Dr. Chering Dorje have been taken.

The affidavit also stated that the Public Health Department has implemented the suggestions of Dr. Ashish Satav, advocate Purnima Upadhyay and Dr. Abhay Bhang on a priority basis and an additional Action Taken Plan has been prepared for Melghat area.

Case no. – Public Interest Litigation No. 133 of 2007

Case title – Dr. Rajendra Sadanand Burma & Anr. v. State of Maharashtra & Ors.