[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition in pro bono publico, directing the respondents to take immediate action to provide cath lab and heart lung machines to all the Government Medical College Hospitals and District Government Head Quarters Hospitals in the State of Tamil Nadu.
2. The petitioner also seeks a direction to the respondents 1 to 3 to equip all the District Head Quarters Hospitals in the State of Tamil Nadu for conducting open heart surgeries, bye pass surgeries and heart stent surgeries.
3. It is the case of the petitioner that on account of the failure to provide expert treatment for heart related problems in the District Head quarters Hospitals across the State, the poor people have to approach the private hospitals.
4. The counter affidavit filed by the Principal Secretary to Government of Tamil Nadu, Health and Family Welfare Department, indicates that the State has already established 22 Medical College Hospitals across the State. There is a proposal to establish one more Medical College Hospital in the State. According to the Principal Secretary, 9 Medical Colleges including Government Rajaji Hospital, Madurai, are presently performing open heart surgery/bye pass surgery. Similarly, it is the contention of the Principal Secretary that 5 Government Medical College Hospitals are having Cath Lab as on today. According to him, action is taken to open Cath Lab in 10 other Medical College Hospitals.
5. The request made by the petitioner for equipping the District Head quarters Hospitals for conducting open heart surgery/bye pass surgery, heart stent surgery is opposed by the State, primarily on the ground that there are 22 well equipped Medical College Hospitals in the State of Tamil Nadu. However in paragraph 3 of the Counter Affidavit, the very same Principal Secretary to Government admitted that only 9 Medical College Hospitals including Government Rajaji Medical College Hospital at Madurai are functioning with the heart lung machine and Cath Lab, so as to undertake open heart surgery and bye pass surgery. Therefore, it is evident that inspite of establishing 22 Medical College Hospitals in the State, the Government is not in a position to conduct open heart surgery/bye pass surgery in all these Medical College Hospitals.
6. The non availability of the professionals dealing with cardiovascular diseases and the financial implications are taken as the reasons to oppose the writ petition.
7. The Honourable Supreme Court in Paschim Banga Khet Mazdoor Samity and others Vs State of West Bengal and another (1996) 4 Supreme Court Cases 37, made it very clear that providing medical facilities is the constitutional obligation of the State. The Supreme Court further observed that a time bound plan for providing adequate medical facilities should be taken by the State, keeping in view the constitutional mandate.
8. The learned Special Government Pleader submitted that there is a comprehensive Insurance Scheme connecting the private hospitals and as such it is open to the poor people to avail that benefit. According to the learned Special Government Pleader, the private hospitals are now permitted to treat patients, in case they have taken the insurance policy. The learned Special Government Pleader, by placing reliance on 7th paragraph of the affidavit filed by the Principal Secretary to Government, submitted that the Government had conducted a pilot study and on the basis of the materials collected during such study, it was decided to establish Hub and Spoke Hospitals for STEMI Cardiac Care at a cost of Rs.1160.00 Lakh at Stanley Medical College and Hospital, Chennai, Madras Medical Mission Hospital, Chennai, Kovai Medical Center and Hospital, Coimbatore and Christian Medical College, Vellore.
9. It is found that out of these four institutions, three institutions are in the private sector. There is no point in saying that STEMI system of care using Hub and Spoke Model would be developed in private hospitals, without arranging such facilities in the Government hospitals. In any case, there is nothing on record to show that there are adequate facilities in all the 22 Medical College Hospitals across the State for conducting open heart surgery/ bye pass surgery.
10. We, therefore, direct the State to consider the representation given by the petitioner dated 19-January-2017, in the light of paragraph 2 of the counter affidavit filed by the Principal Secretary to Government, Health Department, indicating that there are 22 Medical College Hospitals in the State and there is a proposal to open one more and the facilities would be available in all these Medical College Hospitals. We hope and trust that without dragging the poor patients to the private hospitals, the State would provide all necessary facilities in the 22 Medical College Hospitals across the State for conducting open heart surgery/bye pass surgery. In short, there shall be a direction to the State to consider the feasibility of equipping all the Medical College Hospitals across the State for conducting open heart surgery/bye pass surgery, as expeditiously as possible and in any case within a period of one year.
11. The Writ Petition is disposed of with the above direction. No costs.
To
1.The Principal Secretary, Health and Family Welfare Department, Secretariat, State of Tamil Nadu, Fort St.George, Chennai.
2.The Director of Medical and Rural Health Service, State of Tamil Nadu, Keelpakkam, Chennai-600 010.
3.The Principal Secretary, The Union of India, Health Department, Union of India, New Delhi.
4.The Dean, Madurai Government Rajaji Hospital, Madurai.
.