NATIONAL PUBLIC SERVICE TRUST vs STATE OF UTTARAKHAND

UKHC010192542026

2026:UHC:9821-DB


IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL




HON’BLE THE ACTING CHIEF JUSTICE SRI MANOJ KUMAR TIWARI
AND
HON’BLE SRI JUSTICE SUBHASH UPADHYAY




WRIT PETITION (PIL) NO. 154 OF 2026


TH
29 OCTOBER, 2026


National Public Service Trust …… Petitioner

Versus


State of Uttarakhand and others …… Respondents










Counsel for the petitioner : Ms. Prabha Naithani, learned counsel

Counsel for the respondents : Mr. Amarendra Pratap Singh, learned
Additional Advocate General with Mr.
B.S. Parihar, learned Additional Chief
Standing Counsel and Mr. M.S. Bisht,
learned Brief Holder for the State



The Court made the following:


JUDGMENT: (per Sri Manoj Kumar Tiwari, A.C.J.)





1) Petitioner has raised the issue of shortage of





specialist doctors in the Government hospitals in
Uttarakhand State. The relief sought in the writ petition,
are as follows :
i) Issue an appropriate writ, order or direction
commanding the respondents to fill, within a
stipulated timeframe, all 545 vacant specialist
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2026:UHC:9821-DB

doctor posts against the total 840 sanctioned
posts across District Hospitals, Sub-District
Hospitals and Community Health Centres
throughout Uttarakhand, as disclosed in the
RTI response dated 30.09.2026, and ensure
the availability of essential specialist,
diagnostic, surgical and emergency medical
services in all such institutions for the
patients.
ii) Issue an appropriate writ, order or direction
commanding respondents to conduct a State-
wide functional audit of Government
hospitals, medical equipment, electricity
supply and power backup systems, including
investigation into the reported Didihat
incident, and ensure immediate repair,
operationalisation and maintenance of
deficient facilities.
iii) Issue an appropriate writ, order or direction
commanding the respondents to conduct an
independent audit of the reported budgetary
provision of Rs.1,411.50 lakh against
expenditure of Rs.82.12 lakh for emergency
medical facilities during the relevant three-
year period, and separately examine the
causes and outcomes of 52,942 patient
referrals during 2025-26, including
preventable deaths, if any, and fix
accountability wherever negligence or
irregularities are established.
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iv) Issue an appropriate writ, order or direction
commanding the respondents to implement a
time-bound State-wide healthcare
improvement plan and SOP covering
specialist availability, emergency
infrastructure, power backup, effective fund
utilization and prevention of avoidable
referrals, with periodic compliance reports
before this Hon’ble Court.”

2) Learned State Counsel submits that process
of appointing specialist doctors through walk-in-
interview is on and all the available vacancies of
specialist doctors are expected to be filled by the end of
this financial year.
3) Learned counsel for the petitioner, however,
submits that State Government is not serious about
supplying available vacancies of specialist doctors by
regular appointment and only contractual appointments
are proposed to be made against available vacancies
which is a short term solution of a long standing
problem.
4) Having regard to the facts of the case, the
writ petition is disposed of with the direction to the
Secretary, Medical Health and Family Welfare,
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Government of Uttarakhand to consider the
representation made by the petitioner on 02.10.2026
and take decision, as per law, within four months from
date of receipt of certified copy of this Order.
5) Pending application(s), if any, also stand
disposed of.
_________________________
MANOJ KUMAR TIWARI, A.C.J.




_________________
SUBHASH UPADHYAY, J.


TH
Dt: 29 OCTOBER, 2026
Negi










HIMANS
HU NEGI
Digitally signed by HIMANSHU NEGI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=bb3b60774012c1ef1dae20d13aaf1
16e73351fdaf6878326386908a7f90d5757,
postalCode=263001, st=UTTARAKHAND,
serialNumber=75BD9D0FB7F4A80990FC51A
722A6BC552D470EB4FD2F88DDF7C18DB2A
1524A4D, cn=HIMANSHU NEGI
Date: 2026.11.02 10:49:48 +05'30'
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