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HC warns Punjab government of contempt if specialist doctor appointment claim proves incorrect

The high court sought details of infrastructure and diagnostic machines available in district hospitals across Punjab, Haryana and Chandigarh.

Dictating its order in open court, the bench noted that it was proceeding on the presumption that “all the 15 sanctioned posts of specialists have been filled and all 15 doctors have joined,” as stated in paragraphs 7 and 8 of the affidavit. (File Photo)Dictating its order in open court, the bench noted that it was proceeding on the presumption that “all the 15 sanctioned posts of specialists have been filled and all 15 doctors have joined,” as stated in paragraphs 7 and 8 of the affidavit. (File Photo)

The Punjab and Haryana High Court on Saturday warned the Punjab government that any discrepancy in its latest affidavit on the staffing and facilities at Malerkotla District Hospital could invite contempt. A division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry issued the caution after taking on record an additional affidavit that claimed all 15 sanctioned posts of specialist doctors at the 130-bed hospital had been filled.

Dictating its order in open court, the bench noted that it was proceeding on the presumption that “all the 15 sanctioned posts of specialists have been filled and all 15 doctors have joined,” as stated in paragraphs 7 and 8 of the affidavit. It directed that if any discrepancy is later found in these assertions, the officer who swore the affidavit may be liable for contempt.

The matter will now be heard after four weeks.

The warning came after Bhisham Kinger, petitioner appearing in person, disputed the state’s claim, pointing to material on record (page 237 of R3) to argue that only one of the three recently appointed specialists, Dr Kalyani Goyal, had actually joined, while two others in medicine and gynaecology had not. The petitioner submitted that the state’s assertion of “all 15 posts being filled” was misleading unless actual joining had taken place.

Earlier in the hearing, the state counsel Salil Sabhlok, Senior Deputy Advocate General,  relied on the 2021 Indian Public Health Standards (IPHS) norms of the Union Health Ministry to defend the absence of CT and MRI machines at the hospital. Referring to page 101 of the IPHS catalogue, counsel said CT and MRI facilities are categorised as “desirable” rather than “essential” for 100-200 bed hospitals, becoming essential only for 200-plus bed facilities.

The court asked when the policy was framed and was told that the current IPHS framework was issued in 2021. Counsel added that Malerkotla, being a 130-bed hospital, was not mandated to maintain either CT or MRI machines, though the government was “in the process of tendering” for a CT scan machine after a previous tender failed.

When the bench asked how far these diagnostic facilities were available, the state submitted that CT and MRI services were accessible about 40 km away, including at the civil hospital in Raikot. Kinger told the court that only six district hospitals across Punjab currently have MRI machines, since MRI is classified as desirable even for 500-bed hospitals.

On staffing, the state told the court that 20 of the 39 medical officer posts at Malerkotla were filled, and that 1,000 medical officer appointments were underway statewide, with 700 appointment letters already issued. Recruitment of specialist doctors was pending government approval, after which advertisements would be issued.

Bench seeks clarity

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The bench, however, pressed the state to clarify whether the 15 specialist positions had been filled by fresh recruitment or by transfers, a concern the court had repeatedly raised in earlier orders. The state sought time to obtain instructions.

The bench directed Punjab to file an additional affidavit clarifying:

  • whether all 15 specialists were appointed through fresh recruitment or transfers;
  • the joining status of each appointee; and
  • Details of infrastructure, equipment and diagnostic machines available in district hospitals across Punjab, Haryana and the UT of Chandigarh.

The court observed that past adjournments had already been granted to the state to produce complete information and said it expected full compliance before the next hearing.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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