Early Times Report
Jammu, Feb 23: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today directed the secretary of health and medical education department to send at least one oncologist on deputation to GMC, Jammu, till posts of oncologists in GMC, Jammu, were filled.
The bench, after hearing the two sides, observed that the deputy advocate general had on March 16, 2011 written a letter to the PSC secretary to select a medical oncologist, but till date no person was selected for his posting in GMC, Jammu.
"It is relevant to note that cancer patients cannot wait for selection of oncologist. Their immediate requirement is to get proper diagnose and timely treatment. There are oncologists in medical institutions in Srinagar and till selection is made to fill up the posts of oncologists in GMC, Jammu, a direction is issued to the respondents to send there at least one oncologist on deputation basis for diagnosing and suggesting treatment to the cancer patients," the bench directed.
"We are issuing this direction in the light of the right to life guaranteed under Article 21 of the Constitution of India, which the government is bound to provide. It is not the case of the respondents that qualified oncologists are not available in J&K and even if they are not available, it is for the state to get the services of oncologists from the neighbouring states," the bench said and added that the said direction was to be complied with by the secretary, health & medical education department, within two weeks from the date of receipt of this order.
The court also directed to take effective steps to provide PET scan machines within six months for proper diagnosis of cancer patients in the medical colleges where these were not available.
The court directive came in a PIL seeking direction to the state to provide basic facilities for the treatment of cancer in J&K and also to provide adequate number of oncologists, oncosurgeons, PET scan machines and all other experts in the field.
The bench observed that Constitution of India mandates the states to provide facilities of health care and in J&K, out of one crore population, at least 1% people are suffering from one or the other types of cancer. Even as in J&K, medical education department has established medical colleges, no health care facility worth the name for the treatment of cancer is provided either in Jammu or Kashmir and no PET scan machine to diagnose the same is made available. There are two medical colleges in Jammu and one in Srinagar and a Post-Graduate Institute of Medical Sciences in Srinagar.
Taking note of seriousness of the matter, a bench on September 10, 2015 had directed commissioner, health and medical education department to file affidavit, giving details of faculty and other support staff in the department of oncology, their qualification, details of machinery provided in the department. The bench had also directed to give details of medicines and treatment which are provided to patients as also details of such medicines and treatment which ought to be provided but have not been so provided; medicines and treatment provided free as also those which are chargeable. Schemes which can be availed by poor patients to get free treatment and medicines and steps proposed and taken with a view to address the issues highlighted.
Pursuant to the said directions, health and medical education secretary replied on December 15, 2015 wherein it was stated that in Srinagar GMC's department of radiation & oncology, the sanctioned faculty strength was 15, out of which 7 were in position, but GMC, Jammu, the sanctioned strength of faculty was 7, out of which 5 were in position. There are 26 personnel available as supporting staff against the total sanctioned strength of 63 and 37 posts are lying vacant. The vacant posts have been referred to SSB for filling them up. Senior Radiotherapy technicians and Medical Physics Technician/Mould Room Technicians having requisite qualification, ie BSc Radiation Science Technology and Radiation Safety certification are in place. List of doctors and their qualifications was also enclosed.
As per the list, in Regional Cancer Centre, HMC, Jammu, faculties are available and all are having MBBS, MD Radiotherapy and none of them are qualified in DM Oncology.
In the Medical Oncology Department of GMC, Srinagar, 3 Oncologists are available. In SKIMS, MS General Surgery, DNB, MRCS, Fellowship in Surgical Oncology and UICC, Thoracic Oncosurgery are available in the Department of Medical Oncology. In the department of Radiation Oncology, MD Radiologists are available. Thus, it is evident that in Medical College, Jammu there is no oncologist, who alone can diagnose cancer and suggest the treatment to be given to a cancer patient.
Insofar as the prayer made to provide PET scan machine is concerned, the bench of Chief Justice Vasanthakumar and Justice Rabstan directed secretary of health and medical education department to take effective steps to get PET scan machinery and the issue "is to be taken note of with all seriousness and same shall be provided in all the government medical colleges, where cancer patients are to be treated, within a period of six months.
With these directions, the bench disposed of the PIL |
