STAFF REPORTER
GUWAHATI: A division bench of the Gauhati High Court comprising Chief Justice Sandeep Mehta and Justice Arun Dev Choudhury paved the way for the Nalbari Medical College and Hospital by disposing of a PIL (41/2023) that challenged the amalgamation of the Swahid Mukunda Kakati Civil Hospital with the medical college.
The bench said in no uncertain terms that “...we are not inclined to interfere in this matter by exercising extra-ordinary jurisdiction conferred upon this Court by Article 226 of the Constitution of India. Hence, the Public Interest Litigation fails and is dismissed as being devoid of merit.”
The bench also vacated the ad interim order passed on May 18, 2023.
The bone of contention of the petitioners is that by amalgamation of Swahid Mukunda Kakati Civil Hospital (SMK Civil Hospital), Nalbari, with Nalbari Medical College and Hospital, the medical facilities being provided to the people of the locality at the SMK Civil Hospital will be severely truncated and compromised, thereby acting to the detriment of the public at large. The State Government filed an affidavit-in-opposition, wherein it has been specifically pleaded that the petitioners have not filed the instant PIL for bona fide objectives. At paragraph 4 of the affidavit, it is asserted that the decision to amalgamate has been taken not only for the Medical College at Nalbari but for all new Medical Colleges in the districts of Assam. When a Medical college, which is a tertiary facility, is set up in a district, the health service facilities will be upgraded manifold as compared to the healthcare facilities being provided in the civil hospital, which is a secondary facility. It is further stated that the order of amalgamation of the SMK Civil Hospital with the Nalbari Medical College has already been notified way back on April 28, 2022.
At paragraph 7 of the affidavit, it is stated that as per the Medical Council guidelines, there are required to be an adequate number of IPD and OPD patients, failing which it becomes difficult to get recognition for the Medical College and Hospital, and, hence, the parallel functioning of the Medical College and Hospital and the Civil Hospital nearby may hamper the recognition process mandatorily required for the setting up of the Medical College. It has also been stated by the respondents that the SMK Civil Hospital will not stop functioning and, instead, it will be converted to a First Referral Unit (FRU) and, moreover, a Cancer Hospital will also be established at the same site, which will be greatly beneficial for the people of the district. It is also stated that both secondary and tertiary care providers, i.e., the SMK Civil Hospital and the Nalbari Medical College and Hospital, will work in tandem in the interest of public service.
The Advocate General, Assam, representing the respondents, has vehemently and fervently contended that the State has taken the decision to amalgamate Civil Hospitals in 12 districts where new Medical colleges and Hospitals are being established, and, as such, the petitioners have no basis to question the decision of the State to amalgamate the SMK Civil Hospital with the Nalbari Medical College and Hospital. He further submits that the newly proposed Medical College site is at a distance of only 10 km from the SMK Civil Hospital and that it will benefit the people of a larger area with better facilities than those being provided at the SMK Civil Hospital. He has further pointed out that the petitioner Committee is not a registered body and, hence, has no locus to bring in the instant writ petition.
The bench said, “The said order of amalgamation was passed more than a year before the instant PIL was filed by the petitioners. Otherwise, having gone through the averments made by the petitioners in the petition and the affidavit-in-opposition filed by the respondents, we are of the firm view that setting up a Medical College and Hospital at Nalbari is definitely going to be much more beneficial to the citizens of a larger area because they will get better and more specialised medical facilities within the district. The short distance of 10 km between the two establishments cannot be considered an impediment in the way of the needy patients ability to avail themselves of the better medical facilities bound to be provided at the Medical College and Hospital. Not only this, with the setting up of the Medical College, the aspirants from the district will get the opportunity to pursue medical education as well.”
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