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LATEST NEWS UPDATES | UP Making Repeated Attempts to Quash HC Order Demanding Healthcare Overhaul -Anoo Bhuyan

UP Making Repeated Attempts to Quash HC Order Demanding Healthcare Overhaul -Anoo Bhuyan

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published Published on May 8, 2018   modified Modified on May 8, 2018
-TheWire.in

The state government has been seeking an ex parte injunction on Allahabad high court's wide-ranging judgment on its health system, but has not been granted one yet.

New Delhi:
For the last several weeks, the Uttar Pradesh government has been trying to file a petition in the Supreme Court, seeking an ex parte injunction on an Allahabad high court judgement prescribing a massive overhaul and audit of the state’s public health system.

While this petition has not been admitted yet, it has come up in the apex court thrice. The Wire has studied a copy of it along with other affidavits filed by the Adityanath-led UP government.

The state is contesting a remarkable March judgement of the Allahabad high court, which was notable for its wide range of directions and its attention to detail. The court had demands ranging from several audits of the state’s health expenses and provision of free food to patients and their attendants, to ensuring free passage to ambulances.

The court also directed that government employees should use public health facilities and that their expenses at private facilities should not be reimbursed by the government.

At the Supreme Court, Justice Ashok Bhushan had recused himself at the first hearing. Since then, the state of UP has not yet been granted the injunction. The state has also been seeking an ex parte injunction, which means they want the Allahabad high court judgement stayed, but without the Supreme Court summoning the litigants who had asked the high court for these healthcare reforms.

The UP government’s anxiety towards this judgement appears to stem from fact that the high court had issued a show-cause notice to the state, demanding to know why a case of criminal contempt for filing a false affidavit should not be made out against the state’s principal secretary for medical education, Rajneesh Dubey, and the principal of a government medical college in Allahabad (Moti Lal Nehru Medical College).

It is uncommon for senior civil servants to be pulled up in this manner at high courts for mismanagement of policy and funds. Apart from the hard work involved in implementing the court’s detailed order (21 directions), the matter of falsifying affidavits will leave the government in a very awkward position.

Thus, in UP government’s attempt to get a stay on this judgement, which implicates one of their senior officers, it has said the high court has “erred in issuing notice” to Dubey. They said it is “not possible” to do an audit of the last ten years’ financial transactions in the health system. They also repeatedly stated that the petitioner herself had not asked for these wide-reaching public reforms and accountability which the court has called for, and as such, the high court was not allowed to go “beyond the pleadings”.

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TheWire.in, 7 May, 2018, https://thewire.in/health/uttar-pradesh-healthcare-allahabad-high-court


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