Over 60% Vacancy In A District Hospital 'Disturbing Scenario' : Supreme Court Asks UP Govt To Show Position Of Posts In All District Hospitals

The Supreme Court recently observed that vacancy positions of 62% and 70% of male and female doctors/ attendants particularly in District Hospital, Sambhal was a "very disturbing scenario".

The observation was made by the bench of Justices SK Kaul and MM Sundresh while considering the SLP assailing Allahabad High Court's order dated September 9, 2021 of refusing to grant bail to Hazi Mushahid accused of murdering two ladies with arms.

"We have also perused the affidavit filed by the Senior Consultant which acknowledges that no surgeon was posted or attached to the District Hospital, Sambhal from 10.1.2018 to 07.6.2020. On 08.6.2020, Dr. Pradeep Agarwal, surgeon was again attached with the District Hospital, Sambhal. The affidavit states that the Chief Medical Superintendent/ Chief Medical Officer of the District has been time and again writing to the Government for filling the vacant posts in the District Hospital, Sambhal, such a request is stated to have been last made on 21.6.2019. A perusal of the form-2 filed along with affidavit shows that there are many vacant posts in District Hospital, Sambhal. The position is same qua both male and female doctors/attendants. The vacancy position is stated to be 62% and 70% respectively. This is a very disturbing scenario and we do not even know whether this is peculiar to the district in question or whether it is a larger prevalent problem. There are 75 districts in Uttar Pradesh," the bench observed in its order.

The bench on January 18, 2022 had directed the State to verify the reasons for absence of any Surgeon in the District Hospital.

The directions were issued to file an affidavit in this regard after considering the counsel for the petitioner's submission that a statement by a witness had suggested that no treatment could be given to the deceased irrespective of the injuries being general in nature as there was no Surgeon in District Hospital, Sambhal.

The Top Court also directed the State to file an appropriate affidavit setting forth the position for all 75 District Hospitals in the State with a chart showing what is the existing position of posts occupied against total posts.

"We, however, retain the matter on the second aspect for the State to file an appropriate affidavit. In view of what has been set out, we are inclined to grant a larger time period wherein the position for all 75 District Hospitals should be set forth with a chart showing what is the existing position of posts occupied against total posts. We grant six weeks' time for the said purpose," the bench in its order further said.

Noting that the appellant's role was the same as the other accused, the bench remarked that if there was some parity, the appellant would be entitled to bail.

"We, however, do not want to detain the aspect of bail entitlement of the appellant and thus grant bail to the appellant on terms and conditions to the satisfaction of the trial Court," Court said.

The matter would now be next heard on March 29, 2022 on the aspect of vacancy in District Hospitals.

Appearance: Advocate Rauf Rahim assisted by Advocate Ali Asghar Rahim.

Case Title: Hazi Mushahid V. The State Of Uttar Pradesh & Anr.| Special Leave to Appeal (Crl.) No.8503/2021

Coram: Justices SK Kaul and MM Sundresh

Click Here To Read/Download Order