Nabin Chaki v. State Of West Bengal & ORS

RP 17.04.2023 Ct.No. 1 WPA 2808 OF 2016 No. CAN 5519 of 2019) NABIN CHAKI vs.

STATE OF WEST BENGAL & ORS.

Mr. Himangshu Ghosh ... for petitioner Mr. Tapan Kumar Mukherjee, Sr. Adv.

Mr. T.M. Siddiqui Mr. Nilotpal Chatterjee Mr. Somnath Naskar .....for State

1. By this writ petition the writ petitioner has brought to light the pathetic condition of Taherpur Primary Health Centre, which did not have the basic facility to treat the local population. Directions have been issued in this writ petition from time to time and last of such direction was issued by the Division bench on 14th March, 2022.

2. The learned advocate appearing for the petitioner submitted that after the said direction there has been definite improvement in respect of infrastructure viz. six beds were provided, nine nurses were appointed and other facilities have also provided. The learned advocate for the petitioners submitted that at the time of inauguration there were ten beds. Therefore, the number of beds may be increased from six to ten.

3. Report in the form of an affidavit filed on behalf of the fourth respondent in Court today is taken on record. So far as providing the healthcare facility the constitutional

obligation casts upon the State to provide healthcare to its citizen. It is not for the Court to remind the State Government as to what are the medical facilities which they have to provide to the public. A primary healthcare centre should be fully equipped to handle any medical emergency in the locality and if a primary health centre is not fully equipped it would tell upon the State Government and also would result in failure on the part of the State Government to provide adequate healthcare to its people.

Therefore, we direct the Principal Secretary, Department of Health and Family Welfare, Government of West Bengal to ensure that a primary health centre concerned in this writ petition is fully equipped, periodical monitoring of the primary health centre be made to ensure that the facilities provided therein including the man power is maintained in a proper manner. He shall also issue directions to all the primary health centres to keep him apprise regarding shortage of staff or infrastructure so that the same should be reported to the Government and the Government should provide such facility within a time frame.

4. With the above observation, the writ petition stands disposed of.

(T. S. Sivagnanam) Acting Chief Justice (Hiranmay Bhattacharyya, J.)