Petitioner filed PIL demanding filling of vacant sanctioned doctor posts in State health infrastructure. Court examined respondent's reply and appointment data showing vacancies were filled. Bench disposed of petition due to respondents' bonafides and actions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF BOMBAY AT GOA.
PIL WRIT PETITION NO. 5/2016
Laxmikant V. Palekar, Son of Late Vithal Palekar, Lawyer, Resident of House No.216, Near Popular English High School, Silva-Wado, Goa Velha, Goa 403 001 Mob : 9325502238 PAN ACZPP1374R PETITIONER
VERSUS
Goa-403001. RESPONDENT .
Shri A. Carvalho, Advocate for the petitioner. Ms. Susan Linhares, AGA for the respondents no.1, 2 and 3.
CORAM : ANOOP V. MOHTA & NUTAN D.SARDESSAI, JJ DATE : 17th MARCH, 2017.
ORAL JUDGMENT ( Per Anoop V. Mohta, J .):
2
Called out for final hearing as PIL is already admitted by this Court.
"Para 11: The Respondents deny that contents of para 9 of the petition. The respondents deny that healthcare in rural medical dispensary, primary urban health centres or cottage hospitals in the State appear to be grossly affected or that it is leading to increase burden on the Goa Medical College & Hospital, Bambolim. As stated above, the respondents have filled 44 posts of doctors and 84 posts of nurses since January 2016. Appointments of 24 posts of doctors are under process.
Para 15: The respondents admit that health care assumes singular importance in the life of the community and therefore the State provides free
3
medicines, medical practitioners, nurses and staff etc to its citizens through various dispensaries, health centres and hospital. The Government takes measures to provide effect and efficient services of medical practitioners, nurses and medicines to its citizens. As of today every citizen gets access to health facilities without discrimination. Temporary shortage of a few doctors may not be termed as dereliction of duty to its citizens. The State Government ensures to this Hon'ble Court that there is no shortage of doctors. The respondents deny having turned a blind eye on any obvious requirement of its citizens".
to show their bonafides/action in appointing 44 doctors and 84 nurses on the vacant posts in question. Again, she placed on record showing another 40 vacancies filled in. The statement is 84 posts of Doctors and 84 nurses have been filled since January 2016. The petitioner has placed on record communication dated 22nd February, 2017 to reflect that most of the vacancies thereafter filled in by the respondents.
4
bonafides shown by the respondents and actions have been taken in the interest of public at large. Therefore, there is no reason to keep this petition pending. The petition is accordingly disposed off. Rule is discharged. No costs.
NUTAN D. SARDESSAI, J.
ANOOP V. MOHTA, J.
mukund
Laxmikant V. Palekar
State of Goa Through its Chief Secretary
Commissioner & Secretary (Health & FW) Government of Goa
Director (Health Services)
Anoop V. Mohta
Nutan D. Sardessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
