The Punjab and Haryana High Court has expressed serious concerns regarding the outsourcing of essential medical tests such as MRI and CT scans in a government hospital to a private diagnostic center. The court questioned why a private laboratory was engaged when the state is obligated to provide basic healthcare facilities under its sovereign functions.
A division bench consisting of Chief Justice Sheel Nagu and Justice Sumeet Goel remarked:
"This Court fails to understand as to why a private laboratory is required to be engaged, when the State is duty bound under its sovereign function of providing basic health care facilities (which includes purchase of CT scan and MRI machines), which in present times are necessities of modern-time hospital amenities to be available at District as well as Sub Division level hospitals."
The court has directed the Punjab government to file an additional affidavit, explaining the reasons for outsourcing these medical services to Krishna Diagnostic Laboratory at the Civil Hospital in Malerkotla.
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Case Background
The case was brought to the court through a Public Interest Litigation (PIL) filed by petitioner Bhisham Kinger, highlighting the acute shortage of medical officers and deficiencies in healthcare services at the Civil Hospital in Malerkotla.
Previously, the court had questioned the Punjab government on why only two medical officers were posted at the hospital despite 39 sanctioned positions. In response, Punjab’s Chief Secretary K.A.P. Sinha submitted an affidavit in court, stating that 19 medical officers have now been appointed to the hospital. However, the court noted that the joining letters of these doctors had not yet been filed and directed the state government to ensure compliance before the next hearing.
"The affidavit filed today reveals that 19 Medical Officers (General) have since been posted at Civil Hospital, Malerkotla. However, joining letters of these doctors have not been filed. Let the same be done before the next date of hearing," observed the court.
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Acknowledging the gravity of the matter, the court has instructed the state to provide a detailed explanation regarding the engagement of Krishna Diagnostic Laboratory for conducting MRI and CT scans in a government hospital. Additionally, the court has emphasized that basic medical facilities, including advanced diagnostic tools, should be available in district and subdivision hospitals without reliance on private entities.
The matter has been scheduled for the next hearing on March 24, 2025.
Case Title: Bhisham Kinger v. State of Punjab and Others
Petitioner: Bhisham Kinger (In person)
Respondents: Punjab Government Officials
Legal Representation: Mr. Anurag Chopra, Additional Advocate General, Punjab
