The Jodhpur bench of the Rajasthan High Court reprimanded the State Government for the ongoing delays in completing "critical infrastructure projects" at AIIMS Jodhpur, such as the trauma centre.

The court indicated its intent to impose a penalty of Rs. 50 crore and take action for criminal negligence against the responsible officials.

However, the court granted the state one final opportunity to submit an affidavit on the matter, in the interest of justice.

While hearing a plea regarding infrastructural issues at AIIMS Jodhpur, the division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman, in its order, stated:

“But even though this Court is of the firm opinion that the present case is that of criminal negligence and requiring imposition of a cost of Rs. 50 crores upon the State, as indicated above, but in the interest of justice, before issuing any direction in this regard, one last opportunity is given to the learned AAG to file an affidavit before the next date, which will enable the Court to conclude its directions regarding the cost and actions for complete failure in public duty.”

The bench emphasized that the 'Right to Health' is an integral part of the Right to Life and Liberty under Article 21 of the Constitution of India. It asserted that the right to health is a fundamental human right inherent to one's existence as a human being.

Furthermore, the court highlighted that as a welfare state, and in alignment with the Preamble of the Constitution and the Directive Principles of State Policy (DPSPs), the State has an obligation to establish an effective mechanism for the overall public welfare.

The court also took note of deficiencies in adequate healthcare services at AIIMS, attributing them to the "non-availability of sufficient infrastructure" and the "apathetic attitude" of the concerned governments in addressing the obstacles hindering the effective operation of the institution.

“extremely concerning to note that the people are being deprived of access to basic medical and diagnostic facilities and are made to wait in queues with a waiting period of over 1-2 months, which is violative of their fundamental right to live with dignity.”

The court expressed empathy for the residents of the western region who are unable to access essential medical facilities due to the ongoing delays in completing critical infrastructure projects at AIIMS Jodhpur, particularly the trauma centre. Highlighting that the project spans 54,358 square meters, the court noted that its progress has been "significantly impeded by the State Government's failure to remove high-tension electrical lines."

After hearing the State's submissions on the matter, the court expressed being in "extreme shock at the apathy" shown in delaying the relocation of high-tension lines for 16 years, despite the urgent need for the trauma centre, which could have saved hundreds of lives annually.

"Further, the learned Additional Advocate General shall obtain necessary instructions from the competent authority of the State of Rajasthan regarding the circumstances that have halted the trauma centre's construction for 16 years, directly impacting the potential life-saving capabilities for a large number of citizens, and ensure that the high-tension lines are removed in a time-bound manner to facilitate the completion and immediate operationalization of the trauma centre," it directed.

Accordingly, the matter was next listed for February 6, 2025.

Case Title: Chandra Shekhar v State of Rajasthan