1. In sequel to the preliminary hearings that have been taken place in this matter, learned Sr. GA has placed before us a Notification issued yesterday i.e, 08.06.2016 whereby, the Hon'ble Governor of Meghalaya has constituted a High Power Committee to address the deficiencies in health care services in health delivery institutions in the State. The relevant contents of the said Notification are as under:-
“Dated Shillong, the 8th June, 2016
No. Health.27/2016/Pt./1: The Governor of Meghalaya is pleased to constitute a High Power Committee to address the deficiencies in health care services in health delivery institutions in the State with the following members:-
01. Additional Chief Secretary, Health & F.W Department - Chairman
02. Principal Secretary from Planning/Finance/Personnel - Member & A.R Department or Representative
03. M.D, National Health Mission - Member
04. Secretary, Health & F.W Department - Member
05. Director of Health Services (MI), Meghalaya - Member Secretary
06. Director of Health Services (MCH & FW) - Member
07. Director of Health Services (Research) - Member
The Committee shall co-opt any member (s) to the Committee as and when the need arise
Term of Reference:-
The Committee will recommend and take remedial steps or measures to be taken in addressing the deficiencies in health care delivery services in health institutions.”
2. While such a constitution of the Committee could be accepted as a welcome step when it indicates realization on the part of the Government that deficiencies in health care services in the State of Meghalaya are seriously required to be addressed to and remedial measures are required to be taken, it is noticed that the constituents of the Committee under the Chairmanship of the Additional Chief Secretary, Health and Family Welfare Department are essentially the officers of the Government of Meghalaya. It is, of course, left open to the Committee to co-opt any member/members, as and when need would arise therefor. In the totality of circumstances, we have indicated that even when such an option of co-option remains available with the Committee as per the need/occasion, desirable it would be that as at present, at least one responsible independent person be included in this Committee as a co-opted member. In response, the learned Sr. GA has candidly accepted that an independent person ought to be included in the Committee as one of the co-opted members; and has proposed the name of the Senior Advocate of this Court Mr. HS Thangkhiew for the purpose. The learned counsel for the petitioners has also agreed on this suggestion. The senior counsel Mr. HS Thangkhiew present in the Court has also expressed willingness to render his services as a part of this Committee. We propose to order accordingly.
3. Though it is sought to be suggested on behalf of the respondent No. 1-Union of India that one of the representative of the Central Government may also be included in the Committee concerned but, as at present, we do not find any reason to pass any such order, particularly looking to the fact that the Committee has been constituted by the State Government to take remedial steps and measures for deficiencies in the health care services in the State; and further looking to the fact that the Committee has otherwise been authorized to co-opt any member to it, as and when required. We are clearly of the view that at the present stage, the Committee concerned, with inclusion of an independent member as above, be permitted to enter into its reference and to attend on the tasks assigned to it.
4. Moreover, it is noticed that it is asserted in the affidavit filed on behalf of the respondent No. 1-Union of India that it has a limited role in the matter as the subject of public health is a State subject per Entry 6 of the List II of Seventh Schedule to the Constitution of India. On the other hand, it has also been asserted that the Government of India has made huge investments by setting up NEIGRIHMS at Shillong but in that regard too, it has been indicated that even after establishing NEIGRIHMS in the year 2005-06, some of its departments are not fully operational and substantial vacancies exist because of poor response to the repeated advertisements. It has also been indicated that under the National Rural Health Mission launched in the year 2005 [now subsumed as a Sub Mission of the National Health Mission (NHM)], substantial and technical support has been provided; and the North Eastern States like the State of Meghalaya are being given specific priority while allocating the budget. The flow chart of funds of the NHM as also several guidelines issued by the Central Government have also been indicated in this affidavit. However, it is, inter alia, stated in paragraph 17 of the affidavit filed on behalf of the respondent No. 1 that:
“17. It may be pointed out herein that the implementation and progress of the National Health Mission (NHM) is reviewed at the national level through Annual Common Review Missions (CRM) which comprise of government officials from Different Ministries and Planning Commission, public health experts and representatives of development partners and civil society. The last evaluation of NHM was through 9 Common Review Mission conducted in the month of November, 2015. Other mechanisms include external surveys such as Sample Registration Survey (SRS), the District Level Household Survey (DLHS) and NFHS besides regular monitoring visits from National Program Management Units to State & districts and from States to districts & blocks. .…”
5. In relation to the averments so made in paragraph 17 of the affidavit filed by the respondent No. 1, it is difficult to find as to what had been the evaluation for the State of Meghalaya in the ‘Review Mission’ conducted in the month of November, 2015 and as to what had been the reports after the monitoring visits, if any, of the National Program Management Units to the State of Meghalaya?
6. We would expect the respondent No. 1 to file a supplementary affidavit indicating the evaluation of NHM qua the State of Meghalaya as also the reports of the monitoring visits of the National Program Management Units, if any.
7. Learned counsel appearing for the NEIGRIHMS has frankly submitted that the Institution shall render all support and assistance to the Committee for the larger cause it has been constituted. Suffice it to say in this regard that every Institution/Role-player is supposed to render the requisite assistance to the Committee framed by the Government for recommending and taking remedial steps/measures in order to cure and remove the deficiencies in health care services in the State of Meghalaya.
8. In view of the above:
(i) It is directed that even while retaining the composition of the Committee as constituted by the notification dated 08.06.2016, Mr. HS Thangkhiew, Senior Advocate practicing in this Court shall be included therein as one of the co-opted members.
(ii) As at present, we leave it open to the discretion of the Committee to co-opt any other member as permitted by the Notification but the question as to whether any officer/functionary from the Central Government or any other Institution is to be permanently co-opted is left open to be examined at the relevant stage and occasion.
(iii) It is, however, considered necessary to observe that it would be expected of the Committee to start functioning with promptitude and to address the issues expeditiously and in top priority. The Committee shall be expected to hold its first meeting in the next week and thereafter, on regular basis; and to address the issues in concrete and effective manner. It would be expected of the Committee to draw up specific and precise minutes of its proceedings and all such minutes shall invariably be placed before the Court at the time of hearing.
(iv) A supplementary affidavit shall be filed on behalf of the respondent No. 1 indicating the evaluation of NHM qua the State of Meghalaya in the ‘Review Mission’ conducted in the month of November, 2015 as also the reports, if any, of the monitoring visits of the National Program Management Units to the State of Meghalaya.
9. As at present, while expecting the Committee concerned to take up the tasks with all seriousness and in top priority, we adjourn the matter today, to be listed on 01.08.2016