In a significant order, a Division Bench of High Court of J&K and Ladakh at Jammu comprising its Chief Justice Tashi Rabstan (since Retired) and Justice MA Chowdhary has directed Chief Engineer PWD (R&B) Jammu to come up with a proposal/DPR with regard to the connectivity of the Government Medical College, Jammu with other associated Hospitals, across the road, for safe passage to patients, doctors and para-medics having regard to the repeated communications addressed by the Principal and Dean, Government Medical College and Hospital, Jammu to the PWD (R&B) Department from June 12th, 2023 to March 4th, 2025.
These directions were passed in the much publicised Public Interest Litigation (PIL No. 16/2018) filed by a renowned RTI Activist Balwinder Singh highlighting the shortage of doctors and Para-medics in the far-flung areas of both the Union Territories of J&K and Ladakh.
When this PIL came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocate Mohd. Zulkarnain Chowdhary appearing for the petitioner submitted that despite several communications of Principal and Dean of Government Medical College and Hospital, Jammu to the Chief Engineer, PWD (R&B), Jammu to prepare the DPR with a view to provide safe and unrestricted access to patients and staff, the Chief Engineer was requested to come up with a DPR for connecting GMC, Jammu with an over-bridge/underpass for connecting the same with the adjoining Associated Hospitals but despite repeated reminders the Chief Engineer PWD (R&B) Jammu has remained indifferent and has not come up with the DPR which will facilitate the providing of safe and unrestricted access to patients and staff for ferrying to the prestigious health institutions Advocate S. S. Ahmed appearing for the petitioner S. Balwinder Singh further submitted that despite the express directions of the Division Bench dated March 24th, 2025, the Chief Engineer, PWD (R&B) has not filed the requisite DPR nor he has appeared in person, thus showing complete disregard to the directions of the Division Bench in a matter of wide public importance.
At this stage, Senior AAG S.S. Nanda appearing for UT of J&K caused appearance and submitted that yesterday the Chief Engineer PWD (R&B), Jammu got late in reaching the Court and today he is present in person before the Division Bench alongwith the compliance report which has been filed before the Registry.
Senior AAG S.S. Nanda in the open court read the contents of the compliance report filed on behalf of the Chief Engineer PWD(R&B) Jammu wherein it was submitted that the proposal for the Project namely, ‘Construction of flyover from Pawan Ice Cream to Shakuntla Theatre with one leg to DIET ROTARY including direct connectivity to Government Medical College Hospital, Jammu and Maheshpura Chowk From Flyover’’ is at conceptual stage. It is also contended that after the finalisation of alignment of the proposed flyover by the Government, the work for preparation of feasibility, study and survey of site for the preparation of DPR of proposed overbridge/underpass to connect Government Medical College & Hospital, Jammu with the Bone & Joints Hospital, Chest Diseases Hospital, Psychiatric Hospital and upcoming new Critical Care Block Hospital within the premises of Chest Diseases Hospital can be taken up in hand.
The Division Bench headed by the Chief Justice Tashi Rabstan (now Retired since 09-04-2025), after going through the compliance report observed that perusal of the Chief Engineer’s Affidavit shows that the Project seems to be a very huge one and is time consuming and therefore, _“We direct the respondents herein to come up with a proposal/DPR with regard to the connectivity of the Government Medical College, Jammu with other associated Hospitals, across the road, for safe passage to patients, doctors and para-medics, having regard to the repeated communications addressed by the Principal & Dean Government Medical College & Hospital, Jammu to the PW (R&B) Department from 12-06-2023 to 04-03-2025.”_
The Division Bench further observed that Chief Engineer PWD (R&B), Jammu Rakesh Kumar Gupta is directed to file latest Compliance Report with regard to the aforesaid communications of the Principal and Dean, Government Medical College, Jammu on the next date of hearing. The Division Bench also dispensed with the personal appearance of the Chief Engineer PWD (R&B), Jammu till further orders from the Court.
Looking into the importance of this matter, the Division Bench directed the Registry to re-notify the matter on April 30th, 2025 alongwith the main matter.