MR. PRAKASH B. SARDESSAI, MAJOR, MARRIED, BUSINESSMAN, RESIDING AT MADANT, CORTALIM, GOA AND MR. VISHWESH SARDESSAI, MAJOR, S/O MR. PRAKASH B. SARDESSAI, R/O MADANT, CORTALIM, GOA Vs. THE SECRETARY, MINISTRY OF HEALTH, GOVERNMENT OF GOA, SECRETARIAT, PORVORIM, GOA AND ORS.

JUDGEMENT

(1.) WE have heard Shri S. D. Lotlikar, learned Senior Counsel and Shri S. S. Kantak, Advocate General on behalf of the State and perused the records. By Order dated 16th August 2010, we have recorded that we were not impressed with the delay in the commissioning of the hospital in Mapusa and had directed the State Government to disclose as to what steps can be taken to immediately introduce an intensive care unit and a trauma unit at the existing Asilo hospital and to improve the existing facilities at the said hospital and appoint a commissioner to visit the new hospital and file a report disclosing the kind of machinery installed and its conditions.

(2.) PURSUANT to the said directions an affidavit came to be filed by the Joint Secretary of the Government dated 16th September, 2010. The report has also been filed by Shri Ryan Menezes in this Court dated 16th September, 2010. Thereafter, another affidavit has been filed on behalf of the State Government on 11th January, 2011. We have carefully perused the said affidavits as well as the said report.

(3.) ON the other hand, the learned Advocate General submitted that the State Government is very much interested in starting the new hospital immediately but on account of the constraints beyond their control, the State Government cannot start the new hospital immediately. The learned Advocate General took us through the affidavit filed by the State Government and pointed out that the nursing staff recruited has been sent for training and a consultant has been appointed to assist the State Government in the modalities of starting the new hospital. The learned Advocate General further submitted that considering the number of operation theatres at the new hospital and the number of supporting units therein which are of paramount importance in establishing an effective I.C.U. and Trauma unit, it is not possible to provide such facilities in a piecemeal manner at the new hospital. The learned Advocate General further submitted that it is the right of the State Government to change its policy and start the hospital on a public private partnership basis in view of the changed circumstances and this Court cannot question this policy decision. In support of his contention he relied upon the Judgment of the Apex Court in the case of State of Punjab and others v. Ram Lubhaya Baga and others reported in : 1998 (4) SCC 117. The learned Advocate General further submitted that the State Government shall commission the said hospital by 31st March 2011.