Contempt in PIL seeking facilities for cancer patients
Excelsior Correspondent
JAMMU, Jan 31: In a contempt petition filed by AV Gupta in Public Interest Litigation seeking basic facilities for treatment of cancer patients in the State, Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Tashi Rabstan today issued directions to the Government of India and State for filing status report.
After hearing Advocates Ajay Sharma & Aditya Gupta for the applicant whereas AG DC Raina for the State and Advocate Vishal Sharma, ASGI for the Union of India, DB directed Ministry of Health and Family Welfare, Government of India to file a status report in respect of the proposal submitted by the Government of Jammu and Kashmir for setting up the facilities in Jammu.
DB further directed Health and Medical Education, Government of Jammu and Kashmir to file a status report with regard to the appointments of faculty and persons on contract basis to enable utilization of the facilities in Jammu.
DB also directed Public Service Commission to forthwith initiate the process for making appointments on regular basis to the Department of Nuclear Medicine in the Government Medical College, Jammu.
Earlier, Rajiv Kumar, Director, Ministry of Health and Family Welfare, who appeared in person, informed the court that a proposal for setting up of a State Cancer Institute in Jammu on the lines on which the same has been set up in Kashmir was received by the Government of India under Tertiary Care Cancer Facilities Scheme of the Government of India and is under consideration.
However, for want of certain formalities with regard to grants made in the year 2004-05 (in respect of furnishing of a Utilization Certificate) as well as the removal of certain deficiencies in the proposal, the same could not be processed within the currency of the said Scheme.
“As of now, the Ministry is awaiting extension of the Scheme which has to be accorded by the Union Cabinet. Till such time, the proposal cannot be moved further within the Ministry”, he submitted.
On this, DB observed, “the matter is of critical importance so far as the cancer treatment in the Jammu province and other parts of the State of Jammu and Kashmir is concerned and certainly brooked no delay”.
Atul Dulloo, Principal Secretary to Government, Health and Medical Education Department, who was present in court, submitted that so far as the State Government is concerned, it has identified the land for setting up the proposed Cancer Treatment Institute and the building plans with regard thereto have the approval of all the concerned authorities including the Atomic Energy Regulatory Board.
He further informed the court that the State Government is only awaiting release of an amount of Rs 120 crore which is needed for commencement of the construction and operationalizing the facilities.
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