Fayaz Bukhari
Srinagar, July 8: The Jammu and Kashmir High Court today directed that the Consultants should remain available during the night hours for the treatment of patients at the premier hospitals across Kashmir.
The Division Bench of the High Court comprising Chief Justice M M Kumar and Justice D S Thakur during the proceedings of the Public Interest Litigation (PIL) titled, Dr Ghulam Mohidin Malik Versus State passed these directions under order dated 08-07-2013.
The Registrar of the Government Medical College Srinagar, Dr. Waseem Qureshi failed to produce the roaster of the consultants working in various associated hospitals of Government Medical College Srinagar, before the court today.
The Chief Justice asked for the consultants’ roasters of every department as in its order dated 25/02/2013, court had directed that the consultants should perform the night duties in the hospital for the better health care of patients.
It may be mentioned here that there were large scale complaints that the patients in the premier hospitals across Kashmir are being left to the mercy of junior doctors during night hours while consultants treat patients at their clinics after 4 p.m. and before 10 a.m. There are also complaints that the Government order regarding ban on private practice by the HoD is not being followed.
The Chief Justice during the proceedings observed: “Where is the consultants’ roaster?” As the Registrar failed to answer the queries of the CJ , Chief Justice observed, “are they on picnic.”
The Counsel for the petitioner Dr Malik, Advocate Faisal Qadri told the court that the ground reality at the all premier hospitals in Kashmir is that the consultants are not available in the hospitals during night hours.
The Registrar has been directed to file an affidavit to clarify how many hours the consultants spend at the GMC for teaching the students and explain the status of private practice by them.
The Court during the proceedings asked from Senior Additional Advocate General, J A Kawoosa about the steps taken by the Health Department for filling up of vacant posts. The Court observed that 222 posts of Consultants and para-medical staff are vacant in the hospitals. The AAG informed the court that para-medical posts have been referred to the SSB.
The court observed that no mention has been made about the filling up of vacant posts of registrars in the status report. The Secretary health has been directed to file the affidavit on filling up of vacant posts.
The court observed that the number of issues that have been raised in earlier court orders have not been addressed. “For example no mention has been made with regard to the implementation of various schemes sponsored by the Central Government”, the court says in its observations.
The Court has directed the Director Social Welfare and Secretary Health to file the status report.
The Court has directed the Medical Superintendent G B Pant hospital to file report on mortality rate in the hospital within 10 days. “There is no report with regard to mortality rate of infants after March 2013”, the court observed.
The AAG had sought more time for filing the report but Chief Justice denied more time with observations: “Ten days are good enough. Let them work.”
Earlier the AAG told the court that in compliance of the court order dated 25-03-2013 consultants are on night duty but the Advocate Faisal Qadri informed the court that consultants are not available on night duties.