Prayagraj Is Under Grip Of Medical Mafias: Allahabad High Court Issues Directions

Noting that Prayagraj is under the grip of medical mafias, the Allahabad High Court has sharply criticized the pathetic condition of the Swaroop Rani Nehru Hospital attached to Motilal Nehru Medical College.

The Court was considering a Public Interest Litigation in backdrop of a Writ Petition filed by a Doctor against the orders of the District and State Consumer Forum in complaint filed against him for carrying out private work while working in government hospital.

The single bench of Justice Rohit Ranjan Agarwal observed, "Prayagraj is under the grip of medical mafias. Swaroop Rani Nehru Hospital attached to Motilal Nehru Medical College is in a pathetic condition. The poor and helpless patients are being dragged by the touts posted by the medical mafias in the hospital to private medical set up, and are not being treated in the hospitals attached to the medical college."

The Petitioner was represented by Advocate Arti Agrawal.

The Court took note of the affidavit filed by the Principal Secretary, Medical Health, Government of U.P. to inform the Court as to action taken by State Government against those Government doctors who were posted either in the medical colleges of the State or in the Government Hospitals who were in active private practice.

It also scanned the affidavits filed by Principal of Motilal Nehru Medical College, Prayagraj and was poised with the question as to why a Professor of Medical College having infrastructure in the hospital was treating patient in a private set up. The Court pointed out that in the interim report submitted by amicus curiae, the pathetic condition of the Swaroop Rani Nehru Hospital was brought on record and it was left shocked to read the report and peruse the photographs appended along with the interim report as also the videography conducted by Counsels.

Inter-alia, the Court pointed out the issue of that of touts of the private diagnostic centres roaming in the hospitals and taking the patients for their diagnosis to different private diagnostic centres.

"This menace has to be stopped immediately and Superintendent Incharge has to immediately take firm action against the touts and if needed may take help of the Police," the Court observed.

It was of the view that the hospital cannot be at present called as hospital but rather a mortuary with no fans or ACs working in ICU, private wards and general wards.

"Prayagraj has just witnesses Mahakumbh in the month of January-February, 2025. Swaroop Rani Hospital is just 1 km away from the mela area. According to State estimate, around 66.30 crores pilgrims took holy dip in Sangam. The medical infrastructure of the city is in shambles. It was by the grace of God that no untoward incident happened otherwise there was no medical facility available for treatment of the patients," the Court remarked.

Prima facie, the Court found that nexus between private medical mafias and medical officers and staffs of the Swaroop Rani Nehru Hospital has practically crippled the infrastructure and working condition

"The State and district administration are totally failing in providing the basic medical facilities to the residents of Prayagraj who have just witnessed the successful Mahakumbh, 2025 in the city. The earlier affidavit filed by Principal Secretary, Medical Health demonstrates that cities like Lucknow, Kanpur and Gorakhpur have hospitals with a capacity of more than 2000 beds but Prayagraj has only medical capacity of 1750 beds despite the fact that biggest religious fair on the earth was held in Prayagraj in the month of JanuaryFebruary, 2025................the State and district administration are totally failing in providing the basic medical facilities to the residents of Prayagraj who have just witnessed the successful Mahakumbh, 2025 in the city. The earlier affidavit filed by Principal Secretary, Medical Health demonstrates that cities like Lucknow, Kanpur and Gorakhpur have hospitals with a capacity of more than 2000 beds but Prayagraj has only medical capacity of 1750 beds despite the fact that biggest religious fair on the earth was held in Prayagraj in the month of JanuaryFebruary, 2025..," the Court observed.

It accordingly issued slew of directions noting that it cannot shut it eyes.

(a) The Municipal Commissioner, Prayagraj shall ensure that sewage line of the Swaroop Rani Hospital is cleared bimmediately and all the resources available with him are deployed in the hospital. The entire premises shall be cleaned up, within 48 hours and the Superintendent Incharge along with the Deputy SIC shall render all possible help to the Municipal Commissioner and its employees. The Municipal Commissioner is also hereby directed to release the second installment to U.P. Jal Nigam so that the road is immediately restored. The said action shall be taken by concerned officer, within a week.

(b) The Superintendent Incharge shall provide the complete list of doctors and their OPD time for the entire week to the office of District Magistrate by evening, and District Magistrate shall get the schedule of the doctors attending OPD to be published in daily newspapers circulated in the city having large circulation. He is also directed to get the CCTV camaras restored immediately which are not in working condition as indicated in the interim report submitted by amicus curiae, within a week.

(c) The District Magistrate is directed to constitute a team of officials who shall monitor and keep check on Professor, Assistant Professor, Associate Professor, Reader and Lecturers of the Medical College indulging in private practice at the accommodation provided by Government or in any private set up. He shall also ensure that the doctors are attending the OPD regularly from 8 am to 2 pm. The residents of the Prayagraj shall also be apprised about the doctors who would be holding the OPD during the week.

(d) The District Magistrate shall also take help of the officials of U.P. Jal Nigam and Public Works Department in getting necessary internal roads repaired so that the movement of patients from one department to another department is made easy and smooth.

(e) The District Magistrate shall also ensure that drinking water is made available to the patients and their attendants in the hospital as the officials of the hospitals who are managing the affairs have totally failed.

(f) The Chief Medical Officer, Prayagraj shall also ensure that proper sanitation drive is carried out in the area around the mortuary which is lying in shambles as the amicus curiae was not allowed to take photograph and make videography despite the orders of this Court. Prima facie, this Court finds that the officer is in contempt of the Court. However, this Court leaves the officer with a warning that he shall put his best efforts in a restoring the things in proper shape.

(g) The Commissioner of Police, Prayagraj is also directed to provide enough security guards within campus of Swaroop Rani Hospital so as to prevent the medical touts entering into the hospital.

(h) The entry of medical representatives (MR) shall be strictly prohibited during OPD.

(i) The campus/lawn of Motilal Nehru Medical College shall not be given to any person for holding marriage ceremony or private parties. The authorities shall let out only for the functions so connected with the medical college such as seminars, convocations, re-union of old students etc.

(j) The unauthorised medical shops situated outside the campus shall not be allowed to function and district authorities to take action against those persons who are illegally running the medical shops.

(k) The Principal Secretary, Medical Health, Government of U.P. is hereby directed to submit his reply to the interim report filed by amicus curiae. A copy of which has been supplied to learned Additional Advocate General and learned Chief Standing Counsel who shall convey the same to him. He is also directed to take action against all those defaulting persons and make sure that proper infrastructure is put in place in the Swaroop Rani Nehru Hospital.

(l) The Principal Secretary shall also apprise about this order to State Government and place the same before Chief Secretary and if needed before Chief Minister for his due consideration.

(m) Superintendent Incharge shall also file his reply to the said interim report by next date fixed.

Cause Title: Dr. Arvind Gupta vs. President And Member State Consumer Disputes Redressal Commission Uttar Pradesh

Appearances:

Petitioner- Advocate Arti Agrawal

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