- (1.) THIS writ petition was filed by Shri Satish Chaturvedi, an Advocate of the Court (now Additional Advocate General of the State of UP) in public interest, for improving the conditions of the Swarup Rani Nehru Hospital, attached to Moti Lal Nehru Medical College, Allahabad and its associated hospitals namely M.D. (Eye) Hospital, Allahabad and S.R.N. Children Hospital. The petitioner had prayed for following reliefs: - (i) issue a writ order or direction in the nature of mandamus directing the respondents to ensure constant and uninterrupted supply of electricity to the medical college and its hospital at Allahabad; (ii) issue a writ order or direction in the nature of mandamus directing the respondents no. 1 and 3 to ensure that costly equipment's installed in the department of Radiology, Pathology, Microbiology and other departments may be maintained in proper order and the same may be made available to the general public and the patients of the hospital without failure or excuse; (iii) to direct respondents to make arrangements for ensuring cleanliness of the Hospital, including removal of garbage daily. (iv) to direct respondents to ensure hygienic conditions in the Hospital to provide basic amenities and life saving drugs. (v) issue such other writ order or direction as this Hon'ble Court may deem fit and proper.
(2.) THE matter remained pending without any action for about seven years. Hon'ble Mr. Justice Markandey Katju, the Acting Chief Justice (as he then was) sitting in Bench with one of us passed the first three effective orders giving directions to the State Government; Principal of Moti Lal Nehru Medical College; the hospital authorities and Nagar Nigam, Allahabad to improve the conditions of these hospitals providing tertiary medical care to the people of the region. These three orders were subsequently monitored by about 80 orders passed by the Court upto 8.9.2011. The first three orders are quoted as below: 1. Hon'ble M. Katju, A.C.J. Hon'ble Sunil Ambwani, J. The petitioner is permitted to file an amendment application within two weeks clearly stating what facilities and equipment are required in Swaroop Rani Nehru Hospital, Allahabad in order to make it one of the best and model hospitals in Uttar Pradesh. We are of the opinion that the Swaroop Rani Nehru Hospital, Allahabad must be made a model and one of the best Hospitals in Uttar Pradesh since the Hon'ble Judges of the Allahabad High Court and other dignitaries who have medical problems will be able to get proper medical facilities only if that is done. Presently, we are informed that the Swaroop Rani Nehru Hospital, Allahabad, which is the Hospital of Moti Lal Nehru Medical College does not even have a Cat Scan Machine, which is now a very elementary facility available in almost every Hospital. It does not have a proper generator, because of which the hospital is often without electricity. It also does not have other equipment and facilities, which are needed in a top class Hospital. We make it clear that we wish to see Swaroop Rani Nehru Hospital, Allahabad as a model and one of the best Hospitals in Uttar Pradesh with all modern facilities, and with proper sanitation and hygiene in the campus. At present, there is so much filth and dirt in the hospital campus that it would make even healthy people sick. The hospital campus is totally unsanitary and unhygienic. This is most unfortunate and should not be tolerated any longer. List peremptorily before us on 15.9.2004 on which date, the Principal, Moti Lal Nehru Medical College, Allahabad will submit an affidavit stating what facilities and equipment are required to make the Swaroop Rani Nehru Hospital, Allahabad as a model and top rate Hospital. Before submitting this affidavit, the Principal will call all the Head of the Departments and other concerned Doctors which he would like to consult so that a comprehensive report may be submitted before us. The position about the power supply to the Hospital should also be indicated in the affidavit. Dt. 31.8.2004 2. "Hon'ble M. Katju, A.C.J. Hon'ble Sunil Ambwani, J. List peremptorily before us on 8.11.2004, on which date, the Principal Secretary, Medical & Health, U.P., as well as the Principal Secretary, Finance, U.P., will be personally present in Court. The learned Standing Counsel will forthwith convey a copy of order dated 31.8.2004 passed in this writ petition as well as all the affidavits and other documents filed in this case to the aforesaid authorities. The said authorities are directed to peruse the same and comply with our order dated 31.8.2004. We may reiterate that by that order we had directed that Swaroop Rani Nehru Hospital, Allahabad should be made a model and one of the best Hospitals in Uttar Pradesh since the Hon'ble Judges of the Allahabad High Court and other dignitaries, who have medical problems, may get modern health facilities. Presently we are informed that the Swaroop Rani Medical Hospital, Allahabad, which is the Hospital of Moti Lal Nehru Medical College does not even have a Cat Scan machine, Ultra Sound Machine, Blood Bank, etc., which are now very elementary facilities available in almost every modern Hospital. It does not have a proper generator, because of which the hospital is often without electricity, even when the operations are being performed. It also lacks incinerators, proper sanitation arrangement and other facilities. In pursuance to our order dated 31.8.2004, Dr. Mamta Singh, Principal, Motilal Nehru Medical College, Allahabad had requested all the Heads of the Department of M.L.N. Medical College and S.R.N. Hospital, Allahabad to supply requirements of the equipment and facilities in their departments. She has stated in her affidavit that the condition of M.L.N. Medical College and its associated Hospitals is deteriorating day by day due to paucity of funds. She has pointed out in para -7 of her affidavit that the M.L.N. Medical College and its associate Hospitals do not even have basic amenities with regard to sanitation, disposal of bio -medical waste, electric supply, security, water supply, central laundry system, central auto calving and sterilization unit, maintenance of electrical equipments, plumbering, medical equipments, furnitures, vehicles/ambulances, telecommunication, utilisation of user charges, staff and repair of internal road. She has also pointed out the problems of encroachment and removal of all such persons, who are not employees of the Medical College and Hospital from inside their premises. She has pressed for an immediate need of a Power Sub Station for the M.L.N. Medical College, Allahabad and its associated Hospitals, and has annexed documents supporting the demands made to the State Government and the concerned authorities for these requirements. In our opinion, these demands are justified and must be provided forthwith. We are informed that the Nagar Nigam, Allahabad has made a garbage dump inside the Hospital near the post mortem operation theatre. This is most objectionable and in fact it will make even the healthy people who visit the hospital sick. The Nagar Nigam is directed to lift the garbage from the Hospital campus on every alternate day to ensure that the garbage is not collected there. Sri S.D. Kautilya, learned counsel for the Nagar Nigam is present before us and this order is being passed in his presence. We are informed that M.D. (Eye) Hospital, Allahabad and S.N. Children's Hospital are associate hospitals of the Moti Lal Nehru College, Allahabad. The order passed by us today will also apply to these Hospitals. Let a copy of this order be given to learned standing counsel and Sri S.D. Kautilya today free of charges. The Registrar General of the Court and learned Standing Counsel as well as the petitioner will also convey a copy of the order to Chief Secretary, U.P. No further delay in compliance with our order dated 31.8.2004 and today's order will be tolerated. Sri M.K. Gupta and Sri S.S. Rathore are directed to inform learned counsel for U.P. Power Corporation Limited about this order in writing today. We also appoint Sri M.B. Saxena, learned Advocate as amicus curiae in this case. He is requested to assist the Court and to inform us about the conditions of the aforesaid Hospitals and to give his suggestions for their improvement. Dt. 1.11.2004 "Hon'ble M. Katju, ACJ Hon'ble Sunil Ambwani, J This order is being passed in continuation of our earlier orders in this petition. This is a P.I.L regarding S.R.N. Hospital, Allahabad, which is attached to M.L.N. Medical College, Allahabad. The said hospital, and its associated hospitals, are in a pathetic state of affairs. Sri M.B. Saxena, Advocate, who had been appointed as amicus curiae by us by our order dated 1.11.2004, has submitted his interim report. Sri S.M.A. Kazmi, learned Chief Standing Counsel appearing for the respondents, has stated that the report of Sri M.B. Saxena has been examined by the Special Secretary, Medical Care and the Principal Secretary, Finance. They accept that the factual statements in the said report regarding general conditions in the S.R.N. Hospital, Allahabad and the associated hospitals at Allahabad are correct. In the circumstances, we see no justification for the present pitiable state of affairs of the Swaroop Rani Nehru Hospital, Allahabad and its associate Hospital to continue. Sri M.B. Saxena requests and is granted one week's further time to submit a detailed report after examining the facilities, equipments and records of the hospitals. We permit him to carry out the inspection of the facilities, the equipments and the records of the hospitals. He will submit a detailed report which shall be supplied to the learned Chief Standing Counsel, to be forwarded to the Principal Secretary, Medical and Health, Government of U.P., for preparing final proposals for release of funds to the Principal Secretary, Finance, Government of U.P. The Principal Secretary, Medical and Health, Principal of Moti Lal Nehru Medical College, Allahabad and all other concerned officers and doctors will render full assistance to Sri M.B. Saxena, Advocate in this connection. In the meantime, we direct that the sanitation both inside and outside the Hospitals should be improved, the encroachments in and around these hospitals should be removed and the approach roads should be repaired. The Municipal Commissioner, Allahabad is present in Court today. Sri S.D. Kautilya appearing on his behalf assures that the required steps to carry out these directions shall be taken immediately. The Police will give protection to the concerned officials in removing encroachments. Since the authorities have accepted the factual state of affairs prevailing in these hospitals given in the interim report dated 8.11.2004 of Sri M.B. Saxena, Advocate, we direct the Principal Secretary, Finance, U.P to immediately release the necessary funds for doing the needful in accordance with the report and also to provide the immediate requirements in these hospitals as suggested by the Principal of the Moti Lal Nehru Medical College, Allahabad, such as providing a Cat Scan Machine, Ultra Sound Machine, Resuscitation room attached to the Emergency, Neonatal intensive care unit at the S.N. Children Hospital, intensive care unit at the S.R.N. Hospital in the first phase. At least 100 KV Generators should be supplied forthwith to S.R.N. Hospital, Allahabad and its associate hospitals each, since often electricity goes off in the middle of an operation, and there is other inconvenience. We make it clear that this order only pertains to the first phase of the steps for improvement of conditions in the S.R.N. Hospital, Allahabad and its associate hospitals. A bench of Hon'ble Mr. Justice Sunil Ambwani and Hon'ble Mr. Justice Vikram Nath is nominated to hear this case in future. This bench will sit on every alternative Fridays to monitor the orders passed in this writ petition and to pass fresh order. The authorities will render all cooperation to this bench and shall strictly and punctually comply with its orders. This petition will be listed before the aforesaid bench on 3.12.2004 and thereafter on every alternative Friday. By 3.12.2004 we expect that the orders passed herein in the first phase will be complied with by the concerned authorities and the action taken will be reported to this Court. Sri M.B. Saxena is also requested to submit a report about the progress as well as compliance of the orders passed today, and earlier orders in this writ petition. This order has been passed after consulting the Principal of Moti Lal Nehru Medical College, Allahabad and S.R.N. Hospital, Allahabad. A copy of this order will be supplied to Sri M.B. Saxena, Advocate free of cost by tomorrow. A copy of the order will also be supplied to other learned counsels by tomorrow on payment of usual charges. Dt. 9.11.2004 3. In the last seven years, the Court has monitored the requirements of the hospitals associated with the Medical College, detailed in the three orders quoted as above. The Court gave directions to various authorities including State of UP, to provide for necessary funds for infrastructure and equipment; to the U.P. Public Service Commission to fill up the vacancies of the Principal, Teaching staff, Nurses, Para Medical staff and Class IV employees; to the Principal and Chief Medical Superintendent to remove private diagnostic centres unauthorised medicine shops, temples, officers and occupants and private establishments, and encroachments of all kinds from inside the hospitals, and to appoint or to outsource, staff for security and sanitation; to the Nagar Nigam, Allahabad to implement the Bio -Medical Waste Management Rules, remove the garbage dumps on the gates of hospitals, shift the slaughter house adjacent to MD (Eye) Hospital, and to remove the stray cattle and dogs from the campus; to U.P. Jal Nigam to ensure water supply from tubewells and over head tanks and provide sewerage facilities to the hospitals; to the U.P. Power Corporation to ensure 24x7 power supply; and to Chief Medical Officer of the State Government to shift post mortem facility and mortuary from inside the hospital to some other place.
(3.) THE State Government initially took interest and provided grants of about Rs. 17 crores for providing infrastructure, instruments and other facilities inside the hospital. With some reluctance and delay the Public Service Commission made selections of the permanent Principal, and teachers. The strength of Nursing and Para Medical Staff was increased. The security and sanitation was outsourced; the tubewells, overhead tanks and sub stations for ensuring electricity were established. The Court, however, could not succeed in getting most of the medical equipment purchased and installed. The vacancies of Class -IV staff could not be filled up due to resistance and thereafter sabotage by the hospital employees. When the interviews were to be held, the records of the selections were put to fire by persons acting in vested interest.;