Page No.# 1/16 GAHC020004352021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : PIL/12/2021 RANGRO HERIE AND ANR S/O PETSUI HERIE, WARD NO.4, NDINING WARD, PEREN DISTRICT, NAGALAND 2: KIKRUKHONUO PFUKHA D/O LHOUKUO PFUKHA R/O UPPER MIDLAND KOHIMA SADAR KOHIMA NAGALAN VERSUS THE STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY, GOVT. OF NAGALAND, DEPARTMENT OF HEALTH AND FAMILY WELFARE, NAGALAND CIVIL SECRETARIAT, KOHIMA 2:THE STATE MISSION DIRECTOR STATE HEALTH SOCIETY NATIONAL RURAL HEALTH MISSION DIRECTORATE OF HEALTH AND FAMILY WELFARE RUZIEZOU KOHIMA NAGALAND 3:NAGALAND STATE AIDS CONTROL SOCIETY(NSACS) DIRECTORATE OF HEALTH AND FAMILY WELFARE RUZIEZOU KOHIMA NAGALAND 4:NAGALAND STATE BLOOD TRANSFUSION CENTRE Page No.# 2/16 KOHIMA NAGALAND 5:THE DIRECTOR NATIONAL BLOOD TRANSFUSION COUNCIL(NBTC) NATIONAL AIDS CONTROL ORGANISATION MINISTRY OF HEALTH AND FAMILY WELFARE 9TH FLOOR CHANDERLOK BUILDING 36 JANPATH NEW DELHI - 110001 INDIA 6:THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE GOVT. OF INDIA NIRMAN BHAWAN NEAR UDYOG BHAWAN METRO STATION MAULANA AZAD ROAD NEW DELHI DELHI - 11001 Advocate for the Petitioner : NEITEO KOZA, KIKRU PFUKHA Advocate for the Respondent : GOVT ADV NL, BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER Advocate for the Petitioners : Ms. Neiteo Koza :Ms. Kikru Pfukha Advocate for the Respondent Nos. 2 to 5: Mr. N. Mozhui Advocate for the respondent No. 6 : Mr. Yangerwati, CGSC Date on which judgment is reserved : NA Date of pronouncement of judgment : 27.05.2026 Whether the pronouncement is of : No the Operative part of the judgment ? Whether full judgment has been : Yes Page No.# 3/16 pronounced ? 27.05.2026 (Devashis Baruah,J) Heard Ms. Neiteo Koza, learned counsel appearing on behalf of the petitioners. Mr. N. Mozhui, learned counsel appears on behalf of the respondent Nos.1,2,3,4 and 5 and Mr. Yanger- wati, learned CGSC appears for the respondent No.6. 2. The present PIL has been initiated at the instance of the petitioners drawing the attention of this Court to the gaps and poor health facility in the State of Nagaland on account of the absence of Blood Bank in some of the districts of Eastern Nagaland. 3. By the present PIL, the petitioners have espoused the lack of adequate facilities in the State of Nagaland for blood transmission/transfusion purpose and the shortage and dispro- portionate distribution of establishment of Blood Storage units in the State of Nagaland in contradiction to the National Blood Pol- icy and the NTBC guidelines which mandate at least one Blood Bank per district. 4. The records reveal that this Court entertained the in- stant PIL by order dated 15.09.2021. On 03.05.2023, an affi- davit-in-opposition was filed by the Respondent Nos.2 to 4 wherein it was mentioned that as a matter of procedure, to set up a Blood Component Separator in the District Hospital, the concerned District hospital should have a registered Blood bank. It was further mentioned that to have a Blood Component Sepa- rator in the District Hospital, the Government of Nagaland has to apply for license to the Central License Approving Authority and Page No.# 4/16 only after inspection and approval by the authority, the license would be granted. The Blood Component Separator was pro- cured at NHAK and since the State did not have qualified techni- cian to mend the machines, a in-Lab technician employed at NHAK was sent for training and after completion of his training the Lab technician joined the post. 5. It was also mentioned that for setting up of Compo- nent Blood Separator in Eastern Nagaland, there is a require- ment of setting up of registered Blood Bank. The Government of India through the Ministry of Development of North east Region had accorded administrative and financial sanction under the North East Special Infrastructure Development Scheme for set- ting up of Blood Banks at the District Hospitals of Tuensang, Kiphire, Mon and Phek by letter dated 02.07.2020. Pursuant thereto, work orders have been issued for setting up of Blood Bank in the four district Hospitals at Tuensang, Kiphire, Mon and Phek. The Respondents also started that once the Blood Banks are set up, the District Hospitals would be eligible to have Blood Component Separator. 6. This Court finds it pertinent to take note of an addi- tional affidavit filed by the Respondent Nos. 1 to 4 on 10.02.2025. The said Additional affidavit was filed pursuant to the order passed by this Court on 13.11.2024 whereby directions were issued to the State Respondents to file detailed affidavit placing the status of existence or the availability of Blood Cen- tre/Banks as well as Blood Storage Units in all the 17 districts of the State of Nagaland. The affidavit contained details to the ef- Page No.# 5/16 fect that as on date of filing the affidavit, there existed Blood Centre/Banks at:- 1. Naga Hospital Authority, Kohima 2. Dimapur District Hospital, Dimapur 3. Dr. Imkongliba memorial District Hospital, Mokokchung 4. Christian Institute of Health Science and Research, Dimapur 5. 154 Army General Hospital, Jakhama, Kohima 6. 165 Army Hospital Rangapahar, Dimapur. It was averred that new Blood Banks were set up at Tuensang, Kiphire, Mon and Phek. Details were provided about the existing Blood Storage Centres at:- (1) CHC Jalukie, Peren, (2) CHC Medziphema, Chumoukedima (3) District Hospital Mon, (4) District Hospital Wokha, (5) District Hospital Kiphire and (6) Hezukhu Memorial District Hospital Zunheboto. In addition to the above, the affidavit also dealt with what the Blood centre/Bank as well as Blood Storage centre were catering to, as would be apparent from at paragraph 4 and 5 of the said affidavit. 7. We take note of the Affidavit-in-Opposition filed by the Respondent No.5 i.e. Union of India on 13.03.2024. In the said affidavit, it was mentioned that for the purpose of strength- ening of public health care facilities, it is the State Government’s responsibility and as such, the Government of India do not di- rectly approve the proposal of setting up health facilities under the National Health Mission (NHM). The Ministry of Health and Family Welfare, Government of India provides financial assis- tance and technical support to the States/Union Territories for Page No.# 6/16 strengthening of their health care systems within their resource envelope based on the proposal received from them in their Pro- gramme Implementation Plans. What works are carried out by the Blood Transfusion Service(BTS) and National Blood Transfu- sion Council(NBTC) have been mentioned. In addition to that in the said affidavit, it was mentioned that based on the proposal submitted by the States throughout the country through the NHM, the Government of India through Blood Transfusion Ser- vice supports 1131 Blood Banks in the public and charitable sec- tor with respect to manpower, procurement of Blood bags and testing kits, conducting Voluntary Blood Donation(VBD) camps and Information Education Communication (IEC) activities. Mo- bile vans for blood collection and blood transfusion vans are pro- vided to the State/UTs by the Government of India. 8. We also find it relevant to take note of the order passed on 04.12.2025 passed by this Court whereby the Respon- dent Nos. 1 to 4 were directed to inform this Court about the ef- forts made/measures adopted by the authorities to mitigate the crisis on account of necessity/emergent situations, in case, the number of Specialist in Blood transfusion in the Blood Storage Centers are not adequate. Directions were also issued to provide a detailed roadmap of the Health Department regarding increas- ing the number of specialist in blood transfusion and setting up of at least one Blood Storage Centre in One Hospital in each dis- trict of the State of Nagaland. 9. An affidavit was filed on 01.04.2026 by the Principal Director, Department of Health & Family Welfare, Nagaland. In the said affidavit, the roadmap for increasing the number of spe- Page No.# 7/16 cialists in Blood transfusion and setting up of at least one Blood Storage Centre in each district in the State of Nagaland were provided at Annexure-1 of the said affidavit. Taking into account that the contents of the Annexure-1 to the said Affidavit are rel- evant for the purpose of the present proceedings, the contents of the Annexure-1 to the Affidavit dated 01.04.2026 are repro- duced herein under:- “ANNEXURE-1 Roadmap for increasing the number of specialist in blood transfusion and setting up of at least on blood storage centre in each district hospital vide PIL Case No: PIL/12/2021. 1. In pursuant to the Order dated 03.09.2025 passed by the Single Bench of Guahati High Court Kohima Bench in connection with PIL Case No: PIL/12/2021, the Chief Justice on 04.12.2025 directed the department for submission of a detailed Roadmap regarding increasing the number of specialist in blood transfusion and setting up of at least on blood storage centre in each district hospital and the same to be filed by the next date on 28.01.2026. 2. Presently, there are 3 licensed Blood Centre (a). NHAK, Kohima, (b) Dimapur District Hospital, (c) District Hospital, Mokokchung, 1 licensed Blood Centre at Private Hospital Christian Institute of Health Science and Research (CIHSR), Dimapur and 2 licensed Blood Centre at 154 Army General Hospital, Jakhama, Kohima and 165 Army Hospital, Rangapahar, Dimapur. There are 6 Blood Storage Centres (a) CHC, Jalukie, Peren, (b) CHC Medziphema, Chumoukedima, (C) District Hospital, Mon, (D) District Hospital, Wokha, (e) District Hospital, Kiphire and (f) Hezukhu Memorial District Hospital, Zunheboto. In addition there are 2 Blood Component Separation Units (a) NHAK, Kohima & (b) DH Dimapur. Page No.# 8/16 3. As per Sl. No. 1 of Rule 122-G of the Drugs & Cosmetics Act, at least one person who is whole time employee and who is a Medi- cal Officer, and possessing- a. Post Graduate degree in Medicine-MD (Pathology/Trans- fusion Medicines); or b. Degree in Medicine (MBBS) with Diploma in Pathology or Transfusion Medicines having adequate knowledge in blood group serol- ogy, blood group methodology and medical principles involved in the procurement of blood and/or preparation of its components; or c. Degree in Medicine (MBBS) having experience in Blood Bank for one year during regular service and also has adequate knowl- edge and experience in blood group serology, blood group methodology and medical principles involved in the procurement of blood and/or preparation of its components, the degree or diploma being from a uni- versity recognized by the Central Government. 4. As per Sl No. A-8.3 of Standards for Blood Banks & Blood Transfusion Services, NACO 2007, "All blood banks collecting more than 10,000 units of blood and/or having blood component license should em- ploy a Diploma or MD (TM) or MD (Pathology) with minimum one year experience in blood bank to head the services". While, under Sl No. A- 8.3.1 "Blood banks collecting 10,000 units should at least have an MBBS doctor with minimum one year experience in blood bank to manage the services". 5. As per Sl No. 1(ii) page 9 of Guidelines for Setting up Blood Storage Centres, NACO 2007, "In the present phase no additional staffs are required. One of the existing doctors and technicians should be designated for this purpose. They should be trained in the operation of blood storage centres and other basic procedures like storage, group- ing, cross- matching and release of blood. The medical officer designated for this purpose will be re- sponsible for overall working of the storage centre." 6. The annual collection of blood in the aforementioned li- cenced blood banks and blood storage centres is 10,000 units and con- Page No.# 9/16 sidering the requirement of blood in the other hospitals without blood bank or blood storage centre and the shortages of specialist manpower, Roadmap increasing the number of specialist in blood transfusion and setting up of at least on blood storage centre in each district hospital are as follows: A. Blood Storage Centres: 1. Setup blood storage centres in the all DHs & First Ferral Units (FRU) without Blood Banks. 2. Undertake Gap Assessment on HR, Training needs, infrastructure, equipment and other logistics as per the re- quirements of the Act. 3. Based on the Gap Assessment a. Strengthen infrastructure, equipment and other logistics gap filling. b. Deploy Specialist Doctors with Post Graduate diploma or degree in Pathology/Transfusion Medicine in district hospitals. NB: In case of shortage of Specialist Doctors, exist- ing MBBS doctors with minimum one year experience in blood bank will be identified and deployed to manage the services. c. Deploy Laboratory technicians as per IPHS norms to deficient DHs in conformity with the requirement of the Act. d. Deploy other manpower- Staff Nurse, DEO & other support staff as per IPHS norms to deficient DHs in con- formity with the requirement of the Act. e. Undertake capacity building of the staff. f. Identify and obtain consent from the blood bank from where the Blood Storage Centres will get the supply of blood/blood components. g. Upon fulfilment of all requirements, apply for the approval & licencing. B. Blood Banks & Blood Component Separation Units Page No.# 10/16 1. To strengthen the existing Blood Banks & Blood Compo- nent Separation Units. 2. Undertake Gap Assessment on HR, Training needs, infra- structure, equipment and other logistics as per the requirements of the Act. 3. Based on the Gap Assessment a. Strengthen infrastructure, equipment and other logistics gap filling. b. Deploy necessary manpower as per IPHS norms to deficient DHs in conformity with the requirement of the Act. c. Undertake capacity building of the staff. C. Long Term Plan: 1. To setup Blood Banks is District Hospitals with high case load or where access to blood from the licensed blood bank is difficult due to distance. 2. Introduce Post MBBS Diploma Courses in Pathology un- der National Board of Examinations in Medical Sciences (NBEMS) at NHK and other DHs. 3. Gap Assessment on HR, Training needs, infrastructure, equipment and other logistics as per the requirements of the Act. 4. Based on the Gap Assessment, initiate development of infrastructure, equipment and other logistics in the identified hospitals.” 10. A perusal of the above quoted Annexure-1 and more particularly Clause 6, it lays a roadmap as to how the number of Specialists in the Blood transfusion would be increased and how steps would be taken for setting up at least one blood storage in each district hospital. We construe that contents of Annexure-1 which is based upon an affidavit filed by the Principal Director of Health & Family Welfare, Nagaland to be an undertaking given to this Court by the State of Nagaland that such steps would be taken for the purpose of increasing Specialist in blood transfu- Page No.# 11/16 sion as well as setting up of at least one blood storage in each district of Nagaland. 11. We have also been informed by Mr. N. Mozhui, the learned counsel that in pursuance of the roadmap which had been placed before this Court by the affidavit dated 01.04.2026, a Meeting was held on 18.05.2026 in the Conference hall of Health & Family Welfare Department for formulating the steps towards the implementation of the roadmap provided before this Court. 12. Mr. N. Mozhui, learned counsel appearing for the Re- spondent Nos. 1 to 4 submits that for the purpose of implemen- tation of the roadmap, the respondent authorities may have to seek assistance from the Centre. 13. In the previous segments we have taken note of the affidavit filed by the Respondent No.5 wherein it is stated that the Ministry of Health & Family Welfare, Government of India provides financial assistance and technical support to the States/Union Territories for strengthening their Health Care Sys- tem. The materials on record show that till date in the State of Nagaland, there exists no Blood Storage/Bank in each district. This Court is aware of the facts that for setting up of Blood Banks/Storage Centres, there would be the necessity of financial implication and technical know-how. It is also noticed that on ac- count of the Government of India intervention, the State of Na- galand at present have been able to set up Blood Banks in the districts of Mon, Peren, Kiphire and Tuensang. We are of the opinion that the Government of India is required to provide fur- ther financial assistance and technical know-how to the State of Page No.# 12/16 Nagaland so that there is at least one Blood Bank/Storage Cen- tre in each district of Nagaland. This we say so inasmuch as on date inspite of the pendency of the present Public Interest Liti- gation since 2021, still the State of Nagaland is not in a position to set up a Blood Bank/Storage Centres in each of the 17 dis- tricts in the State of Nagaland. 14. We are of the view that every citizen of the country is enti- tled to basic medical amenities which in our opinion comes with the scope of Right to life. Availability of Blood and technicians to administer blood transfusion fall within the category of basic medical facilities. In a recent Judgment dated 26.05.2026 passed by the Supreme Court in the case of Save Life Foundation & Anr. Versus Union of India passed in WP(C)/726/2024, the Supreme Court had observed that trauma care is a facet of right to life. We are of the opinion that availability of blood to those persons in need is also a facet of right to life. Therefore, every district in the State of Nagaland should be equipped with a Blood Storage Centre/Blood Bank and more particularly in the State of Nagaland wherein on account the terrain, difficulties of travelling from one district to other to fetch blood or availability of technician to administer blood would result in a citizen losing his life. Under such circumstances, there has to be technicians appointed for blood transfusion along with establishment of the Blood Storage Centre. 15. The subject ‘Health’ is a State subject and as such, the State of Nagaland has to do the needful so that on account of lack of facilities or lack of specialist in blood transfusion, citi- zens do not suffer. Page No.# 13/16 16. We duly take note that for the purpose of implement- ing the roadmap provided to us and the observations made herein above, it is the authorities in the State in coordination with Government of India who have to work together. We hope and expect that in terms with the undertaking given to us in the affidavit filed on 01.04.2026, the Respondent authorities in the State shall do the needful in coordination with the officials of Government of India. We are aware that the implementation of the roadmap and the observation made herein above cannot be achieved overnight. It would require administrative approvals, technical sanction and financial commitment as well as neces- sary assistance. It would also require minute monitoring which this Court would not be in a position to do so. The State of Na- galand as well as the Government of India would have the nec- essary facilities and logistics to do so. Under such circumstances, we are of the opinion that further continuation of this Public In- terest Litigation would not bear in any fruitful results. 17. Accordingly, we close the instant PIL with the follow- ing observations and directions :- (i) The respondents herein more particularly, the Health & Family Welfare Department, Govern- ment of Nagaland are directed to take appropri- ate steps as per the roadmap provided before us thereby ensuring that there should be at least one Blood Storage Centre/Blood Bank in each district in the State of Nagaland. (ii) We further direct the respondent Nos. 1 to 4 to take appropriate steps for increasing the num- Page No.# 14/16 ber of specialist in Blood transfusion inasmuch as without such specialists engaged the Blood Storage Centre/Blood Bank would not be work- able. (iii) We further direct the Ministry of Health & Family Welfare, Government of India (Respondent no. 5) to provide necessary financial assistance and technical know-how so that each District Hospi- tal in the State of Nagaland can have a Blood Storage Centre/Blood Bank. We observe that though the subject “Public Health and Sanita- tion; Hospitals and Dispensaries” is a State sub- ject but the Government of India cannot shy away from providing necessary financial assis- tance and technical know how to States like the State of Nagaland where on account of lack of availability of adequate finances, the State is not being able to provide necessary medical in- frastructure which in turn violates the Right to Health which is a facet of Right to Life. (iv) The Respondent Nos.1 to 4 shall coordinate with the Respondent No.5 as regards the re- quirement of financial assistance, technical know how etc so that the roadmap so provided and the directions issued can be complied with. The respondent No.5 shall provide such assis- tance and monitor the setting up of the Blood Page No.# 15/16 Banks/Blood Storage Centres as per its guide- lines. (v) An affidavit of compliance to the aforesaid di- rections and actions taken report be filed by the Commissioner & Secretary Department of Health & Family Welfare Department on or be- fore 19.01.2027 before the Registry of this Court. A copy of the said affidavit be also fur- nished to Ms. Neiteo Koza, the learned counsel for the petitioners. 18. Before parting with the record, we would like to ob- serve that closure of the instant PIL is on the basis that attention has been drawn to us that due steps have been taken by the State of Nagaland in coordination with the Government of India and further steps would be taken by the State of Nagaland for setting up Blood Storage Centre in each district of the State. However, closure of the instant PIL shall not prejudice the peti- tioners or any other public spirited person to again approach this Court post January 2027 in the circumstances, steps as per the undertaking given before this Court are not taken and directions not complied with and citizens residing in the State of Nagaland are suffering on account of non availability of Blood Banks/Blood Storage Centres and lack of technicians to man the Blood Banks/ Blood Storage Centres. 19. We expressed our gratitude to Ms. Neiteo Koza who represents the petitioners for bringing to the attention of this Court the issue in hand. Page No.# 16/16 20. The Registry is directed to provide true copies of the present judgment to the learned counsels appearing on behalf of all the parties for needful compliance. Sd/- Sd/- JUDGE JUDGE Comparing Assistant