VISHNU PRASAD KULLDEEP vs STATE OF CHHATTISGARH

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CGHC010104542024 2026:CGHC:38792-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed
by INDRAJEET
SAHU
Date: 2026.09.02
18:23:52 +0530
INDRAJEET
SAHU
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

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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.

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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.

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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