© The Indian Express Pvt Ltd
Tags:
Journalism of Courage
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
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:
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.
