J&K, Ladakh HC Criticizes Poor Healthcare Facilities, Seeks Response

According to State Times, a Division Bench
comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary expressed deep
disappointment over the failure of the UT administrations to respond to
fourteen suggestions submitted by Advocate Sheikh Shakeel Ahmed on November 25,
2024. The suggestions, based on expert opinions, outline measures to improve
healthcare infrastructure, especially in remote areas. Despite being granted
two weeks on December 17, 2024, to file a response, the UTs had not submitted
any, reflecting what the court called a “non-serious approach” to
public healthcare. 

“It is very strange
that the basic amenities of health is being dealt with casually particularly in
the rural areas of the UTs of Jammu and Kashmir and Ladakh. Providing of health
facilities, which is basic need of the public, must be the priority of the government
in a welfare State,” the bench observed.

The court reviewed the
status of medical personnel across the UTs and found severe staff shortages. In the Jammu Division, only 726 out of 1,390 sanctioned Medical Officer posts are
filled, leaving 664 vacancies. In Kashmir Division, 1,395 out of 1,467 sanctioned
posts are occupied, leaving 72 vacant. Similarly, for Para-Medics, Jammu has
2,489 vacancies out of 6,868 sanctioned posts, while Kashmir faces a shortfall
of 2,651 out of 8,628 posts.

The Division Bench also
took note of recent deaths in Badhal, Rajouri, where 18 people reportedly
succumbed to a mysterious illness. The court criticized the frequent practice
of referring manageable cases to medical colleges in Jammu and Srinagar due to
a lack of local doctors, which overburdens higher institutions. Furthermore, it
condemned the trend of influential doctors securing urban postings, leaving
rural areas underserved, which it noted could lead to avoidable deaths.

“In the backdrop of the
aforesaid facts, this Court records its anguish over the health facilities in
the UTs of Jammu and Kashmir and Ladakh and the respondent-UT of Jammu and
Kashmir is directed to take a holistic view of the matter, so as to ensure that
the basic health facilities are made available to the people. The respondent, the Department
of Health and Medical Education is expected to take a call on the creation of
posts of Medical Officers/Dental Surgeons/Consultants and Para Medics in the
health institutions across the UTs of Jammu and Kashmir and Ladakh, particularly
in the peripheral areas and also ensure that the posts already created are
filled up on a fast track basis and the deployments/attachments made from the
rural health institutions to the cities is stopped forthwith so that the people
of rural areas get some solace, on their health issues,” the bench stated.

Advocate Ahmed further
highlighted that no recruitment for Dental Surgeons had been conducted in Jammu
& Kashmir since 2012. He stressed the urgent need to increase posts,
particularly in rural areas, to prevent elderly residents from having to travel
long distances to Jammu and Srinagar for basic dental care. Representing
Ladakh, DSGI Vishal Sharma informed the court that vacancies for Dental
Surgeons had recently been filled in the region. However, the court directed
him to submit a compliance report on the availability of specialist
consultants, particularly in critical fields like cardiology and oncology, as
residents of Leh and Kargil lack timely access to advanced medical care in
major cities like Delhi and Chandigarh, reports the daily.

Following these serious
observations, the Division Bench directed the Health and Medical Education
Department of both UTs to file a response within four weeks, detailing steps
taken to fill vacancies, create new medical posts, and implement the suggested
improvements. The Registrar Judicial Jammu was instructed to forward copies of
the order to the Chief Secretaries of both UTs. Given the matter’s
significance, the court scheduled the next hearing for March 5, 2025.