A. V. Gupta vs M.K. Bhandari
2024 Latest Caselaw 1637 j&K

Jammu & Kashmir High Court

A. V. Gupta vs M.K. Bhandari on 20 August, 2024

Author: Puneet Gupta

Bench: Puneet Gupta

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU


                                               Date :20.08.2024


                                               CPPIL No.3/2017 in
                                               [PIL 21/2015]
                                               IA No.1/2018


A. V. Gupta                                      Appellant(s)/Petitioner(s)

                        Through: Mr. Ajay Sharma, Advocate.
              versus

M.K. Bhandari, Secy. Health & anr.              Respondent(s)
                        Through: Mr. D.C. Raina, Advocate General
                                 (through virtual mode)
                                 Mr. S.S. Nanda, Sr. AAG.



Coram HON'BLE THE CHIEF JUSTICE (ACTING)
      HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE


                                ORDER

1. This Court vide judgment dated 17.02.2016 delivered in WPPIL

No.21/2015 had directed the respondents to take effective steps for installation

of PET Scan Machinery in all the Government Medical Colleges of the State.

However, in the instant contempt petition, learned AAG made a statement on

09.02.2023 that in the mid of 2022 a PET Scan Machine would be installed in

the Super Specialty Hospital, Jammu. Copy of Government Order No.365-

JK(HME) of 2021 dated 06.05.2021 was also placed before the Court on the

said date indicating that 196 posts had been created for the State Cancer

Institute (SCI) at Super Specialty Hospital (Government Medical College),

Jammu for various departments. Accordingly, this Court vide order dated 2 CPPIL 3-2017

09.02.2023 had directed the Chief Secretary of the Union Territory to file an

affidavit mentioning the exact amount of time needed for making the OPD

operational and PET Scan Machines installed. Thereafter, on 01.07.2024 this

Court had requested the Advocate General to assist the Court in the matter and

file a brief status report with regard to appointment of doctors and installation

of PET Scan machines.

2. In terms of said order, status report came to be filed on behalf of

Principal, Government Medical College, Jammu on 08.08.2024. Annexure-1

attached to the status report reveals that the PET Scan Machine has already

been installed in the State Cancer Institute, Jammu; the first PET Scan was

performed on 18.07.2024 and till 08.08.2024 29 free of cost PET Scans have

been done.

3. However, the respondents have failed to show that what happened with

regard to installation of PET Scan Machinery in other Government Medical

Colleges of the State in terms of judgment dated 17.02.2016 delivered in

WPPIL No.21/2015.

4. Accordingly, we direct the respondents to do the needful within two

months and file compliance of judgment dated 17.02.2016 in toto, failing

which this Court would be left with no option but to take cognizance under

law.

5. List on 30th October, 2024.

              Jammu                            (Puneet Gupta)          (Tashi Rabstan)
              20.08.2024                               Judge        Chief Justice (Acting)
              (Anil Sanhotra)