1 CGHC010104542024 2026:CGHC:38792-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 25 of 2024 1 - Vishnu Prasad Kulldeep S/o Late Jaipal Aged About 51 Years Occupation- Advocate, Resident Of Near Nagar Panchayat Office- Dugdugiya, Village- Kunkuri, Tahsil- Kunkuri, District- Jashpur, Chhattisgarh. ... Petitioner(s) Versus 1 - State of Chhattisgarh Through- Chief Secretary, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh. 2 - The Secretary, Department of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur,chhattisgarh. 3 - Union of India Through- The Secretary, Department Of Health And Family, Government Of India, Nirman Bhawan, Maulana Azad Road, New Delhi-11 4 - The Director Department of Health And Family Welfare, Indrawati Bhawan, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh. 5 - Joint Director, Department Of Health And Family Welfare, Disvion Surguja,place- Ambikapur, District- Surguja, Chhattisgarh. 6 - Chief Medical And Health Officer- Jashpur District- Jashpur, Chhattisgarh. 7 - Collector- Jashpur, District- Jashpur, Chhattisgarh. 8 - Block Medical Officer Farsabahar, District- Jashpur, Chhattisgarh. ... Respondent(s) For Petitioner : Shri Manoj Chouhan, Advocate. For State : Shri P.K. Bhaduri, Dy. Advocate General. For Respondent 3/UOI : Ms. Anmol Sharma, Advocate. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.09.02 18:23:52 +0530 2 02.09.2026 Per, Ramesh Sinha, CJ. 1 The present PIL has been filed by the petitioner Vishnu Prasad Kulldeep seeking following relief : “10.1 This Hon'ble Court may kindly be pleased to directed the respondent authorities to call entire records, pertaining to the instant matter. 10.2 Issue a writ of mandamus directing the respondents to appoint the following specialists in Community Health Centre in Farsabahar, District Jashpur: (a) Anesthetist (b) Public Health Specialist (c) Surgery (d) Medicine (e) Obstetrics & Gynecology (f) Pediatrics and adequate medical staff. 10.3 This Hon'ble Court may kindly be pleased to direct the respondent department for provide minimal health facilities at Community Health Center - Farsabahar, as per Indian Public Health Standards Guidelines (P/1). 10.4 This Hon'ble Court may kindly be pleased to direct the respondent no. 1, for fixing liabilities on concerned officials for providing basic facilities of medical in Community Health Center Farsabahar and for taking action if standards as per Guidelines are not followed/fulfilled.” 2 In sum and substance, the main prayer made by the petitioner in the present PIL is to appoint Medical Specialists in the field of Anesthesia, Surgery, Medicine, Gynecology and Pediatrics, and also to provide other basic medical facilities at Community Health Centre, Farsabahar. 3 Pursuant to direction of this court dated 08.04.2024, the Chief Medical and Heath Officer, District Jashpur, filed its affidavit on 03.05.2024, from perusal of which, it transpires that though three Medical Officers were posted at Community Health Centre, Farsabahar, however, two of the Doctors namely Dr. Navin Pahari and Dr. Abhishek Gupta were on leave for higher studies and the third Doctor namely Dr. Vinay Bhagat was the Incharge Block Medical Officer who was looking after the administrative functions. The other five posts of Specialists were lying vacant due to unavailability of the Doctors. 3 4 Further, attention of court was also drawn towards news reporting published in 'Jashpur Bhaskar' dated 23.04.2024 wherein it has been reported that a person who was on dialysis at Civil Hospital, Patthalgaon, died on account of failure of power supply. The said news further goes to state that the Technician who was performing the dialysis was not having any experience and when there was a power cut, the relatives of the patient asked him to start the generator but the two generators installed in the Civil Hospital, was not in a working condition for a very long time and the same could not be started and the said Technician could not even provide oxygen to the patient and as such, he expired. 5 Taking all these facts into consideration, now the Additional Chief Secretary, Department of Health & Family Welfare, Government of Chhattisgarh, was directed by this court on 06.05.2024 to ensure appropriate steps be taken to post some other Doctors in place of those Doctors who are on leave for higher studies for a long time and the Doctor who is looking after the administrative functions, should also perform the task of a Doctor apart from administrative functions. The Additional Chief Secretary was further directed to ensure that all the Medical Centers viz. District Hospitals, Community Health Centers, Primary Health Centers are supplied uninterrupted electricity so that any mishap of the aforesaid kind is not repeated in future and all the Medical Centers are equipped with proper and sufficient paraphernalia. 6 In response to above, the Additional Chief Secretary, Govt. of Chhattisgarh, Department of Health and Family Welfare, filed its affidavit on 07.07.2024 stating that two Medical Officers namely Dr. 4 Neeraj Gupta and Dr. Vishwakant Pradhan have been transferred and posted at Community Health Centre, Farsabahar vide order dated 28.06.2024. It is further informed that vide memo dated 28.06.2024 issued by the Director, Heath Services, all the Chief Medical and Health Officers and Civil Surgeons of the State of Chhattisgarh have been directed to ensure availability of generator set in all the Hospitals. 7 Learned counsel for the State would submit that apart from above medical officers, as per instructions received by him, Dr. K.K. Dahire is posted as Block Medical Officer, Dr. Naveen Pahadi and Dr. Abhishek Gupta, both Medical Officers, have resumed their duties after reporting from higher studies and Dr. Vinay Bhagat is also post as Medical Officer at Community Health Centre, Farsabahar, District Jashpur, and therefore, the relief sought for by the petitioner is already redressed. 8 In view of aforesaid submissions made by the counsel for the State and also considering the affidavits filed by the Chief Medical and Health Officer, District Jashpur dated 03.05.2024, affidavit dated 07.07.2024 filed by Additional Chief Secretary, Govt. of Chhattisgarh, Department of Health and Family Welfare as also the directions issued by Director Heath Services to all the Chief Medical and Health Officers & Civil Surgeons of the State of Chhattisgarh to ensure availability of generator set in all the Hospitals, the present PIL in its present form stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder