In a significant development aimed at addressing public health service shortcomings, the Chhattisgarh High Court, in a suo motu Public Interest Litigation (PIL), has expressed grave concern over the failure of state medical professionals to adhere to prescribed government guidelines. Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru presided over the case, WPPIL No. 91 of 2024, involving a report indicating that over half of government-appointed doctors in the state are neglecting their duties in district hospitals by engaging in private practice.
The case, initiated by an office reference based on a report from the Bilaspur Bhaskar dated November 5, 2024, highlighted troubling allegations that of the 503 doctors employed by the state, 268 are reportedly conducting private practices, thereby failing to fulfil their responsibilities in district hospitals. This apparent disregard for official duties has reportedly caused severe hardship for patients reliant on public health services.
Representing the state, Advocate General Mr. Prafull N. Bharat and Mr. Nitansh Jaiswal, Public Litigator, were present before the court to address the issue. The Court’s directive called for a personal affidavit from the Secretary of the Health and Social Welfare Department, underscoring the urgency of ensuring adherence to medical service guidelines.
Legal Issues
1. Duty of Public Health Professionals: The core issue revolves around the accountability of government-employed doctors, particularly their legal and ethical obligations to serve in public health institutions without deviation into private practice that compromises these duties.
2. Enforcement of Government Guidelines: The case draws attention to whether adequate mechanisms exist within the state’s regulatory framework to monitor and enforce adherence to public health guidelines by medical professionals.
3. Access to Healthcare for Vulnerable Populations: By failing to staff district hospitals adequately, the actions of these doctors raise serious concerns about equitable access to healthcare, particularly for those who cannot afford private treatment.
Court’s Observations
The bench observed, “The lack of commitment to mandated public health services by state doctors is an issue of grave concern. When doctors employed by the government opt for private practice over their duties, it is the patients who bear the brunt of this neglect, often facing severe challenges in accessing timely medical care.”
The High Court’s insistence on an affidavit from the Secretary of Health and Social Welfare reflects the judiciary’s determination to hold public institutions accountable for the delivery of healthcare services. This affidavit is expected to provide comprehensive details on the actions taken by the state to enforce compliance with the guidelines and ensure that government-employed doctors fulfill their duties at district hospitals.
The court has scheduled the next hearing for November 13, 2024, providing the state a short window to present a clear and actionable response to this pressing public health concern.
