Underlining that public health & hospitals are "state subject", the Aurangabad Bench of the Bombay HC on Friday said the state Govt is answerable for issues related to public health & hospitals.

The HC's observations came while it was hearing a suo moto petition about COVID-19 treatment & management in Aurangabad.

It was brought to the notice of the Bench that 113 ventilators given to Aurangabad Medical College & Hospital by the Union Health Ministry were not in working condition due to several reasons.

Slamming the Centre for not facilitating between states & ventilators manufacturing companies, the Bench noted that the Central government should facilitate between the manufacturing company & the hospital so that these machines can be used during the tough times of the pandemic.

Hospitals were unable to get them (ventilators) to function again because suppliers were not cooperating for maintenance, the High Court observed in its order.

A team of doctors from Aurangabad Medical College also put a report before the HC in this regard.

The Bench underlined that public health & hospitals are "state subject" & according to Article 162 (2) of the Constitution of India health & hospitals are listed at serial number 6 for "state subjects" & all constitutional & executive powers in this regard are with the state government so a state is "answerable" for the issues related to public health & hospitals.

Questioning the state government's role, the HC said all the executive & constitutional powers about public health & hospitals are with the state government so they must ensure that machines supplied to the hospitals are in working condition.

If there are any problems, the state should act to get that problem rectified, the Bench asserted.

During the course of the hearing, ASGI Ajay G Talhar, appearing for the Central Govt, told the HC that these ventilators were not provided by the Central Govt under the PM CARES fund but were given by the Ministry of Health & Family Welfare.

The ASG also raised a question over the technical knowledge & efficiency of the hospital staff in operating the ventilators.

To this, the Bench took serious objection & said that instead of a blame game, the Central government should facilitate between the manufacturer company & the hospital.

The Court has adjourned the matter till June 2 & has instructed ASGI Talhar that the manufacturer company should be contacted & made to rectify any fault with these machines as soon as possible.

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