The High Court sought details of the medical facilities of all the districts from the state government, said – Paper data will not save lives, what is the use of ventilator records without them?

Lucknow. Lucknow Bench of Allahabad High Court has taken a strict stance on the poor medical facilities of UP. The court directed the Yogi government of the state to file an affidavit giving details of the facilities available in the medical colleges of all the districts. The court also asked to what extent do these facilities meet the local needs of patients? Now the next hearing of this case will be on May 25, 2026.

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Especially the medical facilities being provided in recently opened colleges and hospitals of all the districts, including details of ventilators.

The Lucknow Bench also examined the medical facilities being provided in various medical colleges, especially the recently opened colleges and hospitals in all the districts of Uttar Pradesh, including details of ventilators. The court also asked to what extent these facilities meet the local needs of the patients? The court ordered that the state should also explain whether there is any regulatory system in place either by law or rules made thereunder or otherwise to regulate the functioning of private medical hospitals and clinics. Especially with regard to the money charged for the treatment and services provided to the patients.

The order was passed by the division bench of Justice Rajan Roy and Justice Manjeev Shukla on April 22 in response to a Public Interest Litigation (PIL) filed by NGO ‘We the People’ in 2016 through its General Secretary Prince Lenin. In the PIL, details of necessary ventilators were sought in all the government hospitals and medical universities of Lucknow. The petitioner had also raised other issues related to treatment.

The court directed the Central Government to form the second party through the Secretary of the Ministry of Health and Family Welfare of the Central Government.

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The court directed the Central Government to form the second party through the Secretary of the Ministry of Health and Family Welfare of the Central Government. It also directed that a notice be sent to SB Pandey, Deputy Solicitor General of India, to respond regarding the regulation of private medical hospitals and the need for any law unless one already exists.

The court further directed that the state government’s affidavit should also state how many special hospitals, like super specialty hospitals like Ram Manohar Lohia Institute of Medical Sciences and Sanjay Gandhi Post Graduate Institute of Medical Sciences in Lucknow, have been opened or are proposed to be opened in other districts, so that patients are not forced to flee to Lucknow.

The court asked how many recruitments have been made for such skilled people in the last 5 years?

The Court asked why the system is not decentralised, so that such hospitals are easily available in all areas, if not all districts, to the people of nearby districts. Are skilled people needed to operate ventilators? Are they available on admission, if not, what are the reasons? The court asked how many recruitments have been made for such skilled people in the last 5 years?

In this, the court also asked whether the salary given to government doctors is sufficient as compared to the salary given to similar doctors in private hospitals, this will also be considered, because after all, due to low salary in government hospitals, many of them go to private hospitals, due to which common citizens are deprived of their valuable expertise and services. It is a question for the Government of India and the State Governments to think about how right and equitable it is to integrate doctors and other specialists with other cadres of the bureaucracy to decide their salaries.

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The court said that efforts should be made to provide a large number of ventilators so that no one dies due to non-availability of ventilators.

The court said that the services provided by doctors are more important than the services provided by other officials in the bureaucracy, as it is related to a citizen’s right to livelihood and life. The court said that efforts should be made to provide a large number of ventilators so that no one dies due to non-availability of ventilators. The Court said that the data does not take into account this aspect, in fact, it appears that there is no mechanism in the State to ascertain the demand for ventilators in a particular hospital on a particular day and how many ventilators were available to be provided. Unless this work is done, these data will be useless.

The primary allocation of budget should be for health, as it is a basic need for an individual to survive.

The court said that out of whatever resources the state government has, the primary allocation should be for health as it is a basic need for the survival of a person. Therefore, we direct the State Government to reconsider the entire matter in the light of the foregoing and not be satisfied merely by saying that the minimum norms laid down by the National Medical Commission are being met, as stated, which should be 10% to 15% of the total beds available in a hospital.

If hospitals are unable to provide sufficient numbers of ventilators on any given day, then what is the use of the numbers that have been put “in front of us”

The court said that the question still remains that how many patients come to the hospital in a day, who may need ventilators and if the hospitals are not able to provide sufficient number of ventilators on any day, then what is the use of those numbers which have been placed “before us” and what are the rules of the National Medical Commission in that matter? The court said that we hope that the state government will reconsider this matter with full sincerity, diligence and speed, as is expected of it, because its objective is to provide necessary medical facilities to the people of the state in every hospital. In the affidavit to be filed in this regard, it will also be told what percentage of the budget has been given for medical facilities in different hospitals across the state.

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Now the next hearing of this case will be on May 25.

The court directed that “SGPGI, Lucknow and other autonomous hospitals, which are not directly under the control of the State Government, should also reconsider the matter in the light of the above. The court directed that the matter be listed on May 25 in the top 10 cases of that day, subject to fresh affidavits being filed by all concerned opposite parties.”

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