PIL No.

47 of 2021
Tabulation of proceedings
Date Observations and directions of Hon. High Court, Bench at Aurangabad
04.05.2021 1. Grievance raised by MP Syed Imtiaz Jalil, Party in Person heard.
2048 vacancies exist in Government Medical College and Hospitals including Health Department
of Aurangabad Municipal Corporation.
The government shall take immediate steps to fill the vacant posts immediately. Manpower
would be necessary to counter the pandemic.
2. Contention about minimal infrastructure. Hospital building is constructed spending 150 crores.
200 beds hospital is sanctioned in year 2013. It is not operational in the year 2021. Lethargy and
apathy on part of Government and it’s officers in not ramping up infrastructure and filling of
vacancies to deal with Covid-19 pandemic.
Take instructions in both issues positively before next date, in view of surging, covid 19 cases
and menace of pandemic.
07.05.2021 1. Petitioner anxiety about large number of vacant posts of Class I to Class IV with Government
health department in its various institutions and no steps are taken to fill in the vacant posts.
(GMCH, Abad; AMC Health Dept. Abad; Zilla Parishad Health Dept; Govt. Cancer Hospital and
other hospitals). June 2020 Govt. decision to fill 100% posts; March 2021 Govt. decision to fill
only 50% posts; Doctors, Nurses & Ward Boys are front line workers and life saving for patients in
Covid 19 time.
1.a. AGP on oral instructions submits, 50% of the vacant posts will be filled in within 3 months.
2. Judicial notice taken of the fact that covid 19 pandemic is at it’s peak; lack of infrastructure and
necessary manpower is an impediment to tackle the surge in covid 19 patients. Govt. is required to
take steps to fill in vacancies at earliest and on priority.
3. In W.P. No.5402 of 2018, Order passed on 28.03.2020, by division bench, expected the Govt. to
fill vacancies expeditiously in the interest of public at large; Then, Hon’ble Court was appraised of
Covid 19 being in incipient stage.
4. After 1 year of passing above order, govt. apathy in filling up vacancies cannot be approved of; it
 is creating more burden and pressure on doctors, nurses and other staff treating covid 19 patients.
4. Three months time from Director, Med Edu & Res, Mumbai needs to be curtailed.
5. Govt to start filling vacancies in health Dept within a week from today, take emergent steps
to fill in vacancies expeditiously; Hoping and trusting that within 6 to 8 weeks, such vacancies
will be filled in. Not to be treated as an adversarial litigation. Respondents to file a detailed
reply in view of disparity observed between petitioner submissions and respondent details.
14.06.2021 1. Impleadment of MPSC directed as an additional respondent in view of several vacancies of
MEDD and Public Health and Family Welfare Dept. required to be recommended by
requisitions to be submitted by respective depts.
2. Affidavit regarding steps that have been taken by respective depts in filling up of Class III
& IV posts to be submitted during course of the day as submitted by AGP
16.06.2021 1. Court requests AG, Govt of Mah to appraise about serious concerns raised by the
petitioner. AG responded with submission of road-map by Friday.
2. Court grants liberty to the petitioner to file an additional affidavit regarding allegations
about Dr Ashish R Bhivapurkar, who has not joined but drawing salary as if working. He has
been deputed at GMC Abad 2 years back. AGP shall obtain appropriate instructions and
contemplation of the dept if the allegations are true and correct; by tomorrow
18.06.2021 1. AG, Govt of Mah submits that affidavit of Dr Sadhana Tayade, Director of Public Health
Services is likely to have errors as it is prepared in great haste and also prays for time to submit
better affidavit giving a road-map as to how the govt proposes to go ahead in filling up vacant
posts under consideration in PIL.
2. Court grants prayer of AG, Govt. of Mah. and invites Director, Public Health to file
affidavit by 28.06.2021 elaborately setting out plan to fill up vacant posts by recruitment and
promotion, including proposal forwarded to his excellency Hon. Governor of Mah. for assent
about filling posts; affidavit to include whether the extant RRs permit the Govt. to fill up 899
posts of Group-A Medical Officers, which is a post in Class-II, otherwise than the
recommendation of the MPSC.; Also include, exact reasons why GAD has declined
permission to fill up number of posts in cadre of civil surgeon and district health officer lying
 vacant.
3. Director of Health Service to deal with allegation in para no.11 about CVTS who was
appointed in GHATI in April, 2018, has been drawing salary in excess of lakhs of rupees but
has not worked in GHATI neither treated any patient
30.06.2021 1. AG, Govt of Mah sought one week’s time to address the court and about the developments taken
place regarding recruitment of Class I & II Categories.
2. AGP places on record 2 affidavits. One is an additional affidavit by Director, Health Services
filed on 26.06.2021. The second from pg nos 187-190 is filed by Dean, GMCH,Abad on
30.06.2021
3. Considering allegations against Dr Ashish R Bhivapurkar, Professor & Head, Dept of
CVTS, GMCH Abad, learned AGP is called upon to produce attendance record of Professors
from April 2018 to May, 2021, Operation register and monthly medical college meetings of
GMCH before Hon. Court.
(In all 4 registers, 1 large register pertaining to Surgeries performed in Operation theaters, 2
registers with regard to attendance of Professors & employees and 1 register pertaining to
medical college meetings is placed before Hon’ble Court).
4. Court has gone through the registers and observed deficiencies/discrepancies as regards
attendance of Dr Bhivapurkar ever since he joined on 19.04.2018. Only 7 to 8 Surgeries have
been performed by him between January 2018 to December 2018. Court wishes to give a
closer look at the documents before an order is passed because the petitioner in – person, who
is people’s representative seeks detailed enquiry in this matter.
5. Affidavit filed by the Dean, GMCH, Abad sets out defense that there is nothing amiss in
performance of duties of Dr Ashish Bhivapurkar, ever since he has transferred to Abad.
Court hasn’t formed any opinion. Court wishes to go through the registers before passing an
order on 05.07.2021
6. AGP to produce bio-metric attendance of CVTS Dept teachers and Professors from April
2018 to March 2020 (after which it was discontinued owing to Covid 19) before Court.
06.07.2021 1. Learned AG occupied
 2. Petitioner places on record MCI and GR pertaining to biometric attendance (Online Faculty
Attendance Monitoring System viz. OFAMS and Aadhar enabled Biometric Attendance system viz.
AEBAS respectively)
3. Court to consider issues pertaining to Class I to Class IV recruitment and Dr Ashish Bhivapurkar
on 08.07.2021 at 2.30p.m.
08.07.2021 1. Learned AG submitted of the only option being available with Public Health Dept was to submit
requisition in less than two weeks for filling up of posts of Civil Surgeon, District Health Officers
and Specialty cadre, to MPSC.
2. Advocate on behalf of MPSC requested a week thereafter, to take follow up instructions from
MPSC in the matter.
3. Vacancies at rural level, health dept. Maharashtra. Role of rural development dept. Respective
Zilla Parishads to perform recruitment. Advocate volunteers to gather information about such
vacancies in civil hospitals, primary health centres and all medical centres under Zilla Parishad
within scope of rural development dept.
4. Affidavit filed by Dean, GMCH, Abad Dr Kananbala Yelikar gives clean chit to Dr Ashish
Bhivapurkar on one hand and doesn’t give factual record to counter allegations of petitioner on the
other hand. Therefore record was called for which on primary glance at, showed deficiencies, foll
which biometric attendance prior to lockdown was called for.
5. Petitioner produced an Order of MAT, Mumbai that dismissed the O.A. and upheld transfer of Dr
Ashish Bhivapurkar at GMC, Abad. (O.A. No. 535/2017; Dated 11.07.2018)
6. OFAMOS not implemented in GMCH, Abad in view of machines supplied by MCI being
defective
7. Para 13 & Para 14 of Order vide this PIL Dtd. 08.07.2021 details observations of the Hon’ble
High Court about Dr Ashish Bhivapurkar’s workplace attendance, surgeries performed and college
council meetings attended (It’s important to read both paras 13 & 14 of the order in toto).
Genuineness of the attendance muster is DOUBTED by the Honble Court based on factual
observations recorded in the order passed on 08.07.2021.
8. Para 15 of the Order dated 08.07.2021 in PIL describes of the behaviour of Dr Ashish
 Bhivapurkar at work-place in Mumbai, viz. absence, being on extra-ordinary leave, etc gathered
from order passed by MAT, Mumbai.
9. Petitioner prays for Judicial enquiry in the matter; there may be many such cases in the MEDD,
State of Mah.
10. Para 18 of the order in PIL records a finding of Dr Ashish Bhivapurkar never getting registered
on central portal for AEBAS and never recording his Attendance through AEBAS.
11. Without forming an opinion about the conduct of Dr Ashish Bhivapurkar, the Hon’ble High
Court directs the appropriate authority to initiate a departmental enquiry against Dr Ashish
Bhivapurkar in the light of allegations & record before the court. The Dean (present in court)
informs about Director being the appropriate authority. Instructions for law and method driven
actions by D, ME&R Dr Deelip Mhaisekar to initiate disciplinary proceedings against Dr
Ashish Bhivapurkar attendance issue in accordance with service rules.
12. Photo stat of record produced before Court to be preserved and original record to be
returned under acknowledgement.
20.08.2021 1. Compilation (marked by Court as X-4) of 35 pages, with an index about publishing of an
advertisement (MPSC) for recruitment of various posts, dated 20.08.2021 produced by AGP
2. Draft charge sheet formalization by competent authority, against Dr Ashish R
Bhivapurkar; AGP to make statement on next date.
3. A Civil Application not entertained as PIL already covers the matter. Hence disposed off
02.09.2021 1. Depressing chart (marked X-5) informing about availability of specialist doctors, state of rural
health centres, requiring special attention to be given at Public Health Dept., disappointing
infrastructural facilities in rural areas, details called for about posts, specialty, etc
2. Court makes it clear, that the PIL will be considered for the state of Maharashtra. Directs
to add Rural Health Dept as a respondent.
30.09.2021 1. scanned copy of additional affidavit submitted. Original awaited. MPSC Advertisements
published, placed on record.
07.10.2021 1. Communication from Under Sec, rural development dept. along with statistical data sheet
(marked as X-6); 848 vacancies to be filled by promotion as on 31.03.2020.
 2. State to inform about vacancies till August 2021.
3. Postponement of exams. Court to be informed about re-scheduling of exams.
4. Specific data about initiative of MPSC awaited
28.10.2021 1. AGP places two compilations on record. First (marked X-7) is of advts by MPSC for posts under
MEDD and second (marked X-8) is regarding recruitment of 9 Dep Directors, Public Health Dept.
2. Progress in DE, Dr Ashish R Bhivapurkar awaited
17.12.2021 BOARD
20.01.2022 S.O. to 24.02.2022
24.02.2022 1. Mr Jalil submitted of no progress in 09 months following the first order in PIL
2. Party in person submitted of modern equipment and machineries are not operational and posts
are vacant in super specialty hospital of GMCH Abad. CVTS Operation theatre is closed for over 1
year. GMCH is the last resort for poor patients.
3. Court seeks instructions through AGP from MPSC within 2 weeks about progress after
advertisement of posts. It reiterates to the state, this PIL isn’t an adversarial litigation,
although emphasizes about filling up of vacancies for making services available to people in
the region, especially those from the poor strata.
10.03.2022 1. Party in person places on record, communication dated 25.02.2022 from Dean, GMCH, Abad to
him (as MP) pertaining to supplying medicines through CSR, citing reasons of non-regular supply
of medicines from Haffkine corporation/institute.
2. Court expects that Government would take necessary steps and see that medicines are
supplied promptly. If some irregularity, illegality is taking place, stern action against erring
institution or party ought to be taken.
3. In view of illegalities, previous process of filling up of Class III & IV posts has been disbanded.
4. On 02.03.2022 approval has been granted so such vacant posts can be filled by out sourcing.
5. Court expects that, the State Government shall start process for filling up these posts as per
decision taken by them preferably within a period of 6 to 8 weeks.
06.07.2022 I/N BHATTA
07.07.2022 1. Court permits the petitioner to array Dr. Ashish Bhivapurkar as respondent No.19.
19.07.2022 S.O. 18.08.2022
18.08.2022 1. AGP draws attention to steps taken in initiating DE against Dr Ashish Bhivapurkar
2. Detailed affidavit about MPSC advts, posts, fresh steps initiated by MPSC, as well as steps taken
by govt to fill vacant positions through promotions to be placed before Court, mentions AGP
3. Petitioner mentions of 26 medical shops having mushroomed around GHATI which issues
prescriptions to buy medicines from these shops.
4. Court calls for detailed report about procurement of medicines in last 3 years by GHATI.
5. Court expects regular Dean to be appointed after being made aware by petitioner about in-
charge being officiating Dean. (Court called upon the Secretary, MEDD to respond as to why
regular Dean is not appointed.)
06.09.2022 1. Court directs AGP to file an affidavit on 3 issues:
(a) Progress in DE of Dr Ashish Bhivapurkar
(b) Progress in appointments of teaching staff, Dean of Medical College
(c) Steps taken to ensure continuous and uninterrupted supply of medicines at GMCH
28.09.2022 1. Court observes little progress made pertaining to clause (b) as stated in affidavit by MPSC.
2. AGP assures filing affidavit pertaining to Clause (a) & (c)
12.10.2022 1. Affidavit filed by Dean, places on record that, MPSC recommended candidates through
nomination, viz. 6 for posts of Dean, 63 for posts of Professor (out of 130), 90 for Associate
Professor (out of 187) and 117 for Assistant Professor (out of 884) posts.
2. Recruitment of Class III & IV posts would commence expeditiously, per the affidavit; previous
erroneous process had to be scrapped off, submits AGP on oral instructions.
3. Rs. 10 Crore received by GMCH from DPC (District Annual Planning Committee) for purchase
of medicines, of which only 10% can be spent by Institute vide G.R. Dated 26/07/2017.
4. Petitioner submits about the rare occasion when District Collector allotted Rs. 2.5 Crore for
development of Aurangabad city has been donated to the College as part of DPC fund. 90% of this
 fund’s amount ought to be deposited to Haffkine Institute (Primary agency in supply of drugs to
GMCH) in view to G.R.
5. Court directs the government to take a decision in this regard.
6. Court gives a month’s time to give appointments to the recommended Deans, Professors,
Associate Professors and Assistant Professors without any further delay.
6. Court directs to place on record, steps taken for recruitment and appointment in Class III
& Class IV posts.
17.11.2022 S.O. to 09.12.2022
09.12.2022 1. Government permits the GMCH to utilize entire Rs.2.5 Crores donated to institute through DPC.
11.01.2023 DUE
17.01.2023 BOARD
19.01.2023 1. Petitioner submits Haffkine being the only supplier of medicines to GMCH.
2. Dean submitted on affidavit about irregular supply of medicines and medical equipment as an
impediment to cater to needs of the patients.
3. Rs. 9.0 Crores have been deposited in 2019 (Only medicines and equipment worth Rs. 1.0 Crore
are delivered).
4. GMCH doesn’t have nodal officer to keep inventory of medicines and equipment, to plan,
exhaustion of stock anticipation, etc
5. Court permits petitioner to add Haffkine Institute as respondent no. 20.
6. AGP refers to govt affidavit informing filling up of Class III & Class IV vacancies expeditiously.
7. Petitioner places on record news report (marked as X-10) about 20 doctors being posted for
medical health checkup camp in Jalgaon. Court directs AGP to take instructions in this regard.
8. Court expects AGP to place short report about sessions and progress in departmental
inquiry of Dr Ashish Bhivapurkar
21.02.2023 1. Government is setting up a corporation to procure medicines and ensure uninterrupted supply of
medicines. Haffkine shall no longer be continued as sole agency supplying medicines.
2. Petitioner submits on record order of Director, ME & R temporarily shifting doctors from
GMCH, Pune, Aurangabad, Yavatmal, Ambejogai to GMC Jalgaon, it being an attempt of eye wash
 and misleading NMC (National Medical Commission) by exporting/deputing doctors.
3. AGP on instruction, submits, none of the 4 doctors have been relieved for deputation to Jalgaon.
4. Court directs the Government to place on record, total number of vacancies of teachers,
paramedics, Class III and Class IV in the state of Maharashtra along with accurate data
about recruitments made between January 2022 to January 2023 through various modes in
form of ready reference charts.
5. AGP informs recruitment of Class IV vacant posts is expected to be completed by
31.03.2023
6. AGP informs DE of Dr Ashish Bhivapurkar is in final stages
7. Petitioner requests Court to appoint committee to visit GMCH for hygiene and facilities.
18.04.2023 DUE
19.04.2023 BOARD
20.04.2023 1. AGP places on record, a compilation of 22 pages (marked as X-9). The page 11 to Page 22 is The
Maharashtra Medical Goods Procurement Authority Act, 2023.
2. Page 1 of the compilation is a concise statement covering period from 01.01.2021 to 31.03.2023
wherein 1027 Class I and Class II posts have been filled in (comprising of 208 Professors, 294
Associate Professors and 525 Assistant Professors).
3. Regarding Class III, no continuous recruitment process has occurred. 6936 vacancies. There are
1713 Class III (technical) of which 905 are emergency technical posts and 556 are other technical
posts to be filled by promotion.
4. Class III also comprises of 3974 nursing posts
5. 905 emergency technical posts and 3974 nursing posts are to be filled by Tata Consultancy
Services (TCS).
5. There are 3545 Class IV vacancies to be filled through District Selection Committee in
coordination with Deans of GMCH.
6. Page 2 of the X-9, communication from MEDD, Dated 12.04.2023 informs about following
vacancies.
Professors (Clinical) = 118 vacancies out of 348 posts
Professors (Non Clinical)= 75 vacancies out of 214 posts
Associate Professors (Clinical) = 226 vacancies out of 689 posts
Associate Professors (Non Clinical) = 116 vacancies out of 493 posts
Assistant Professors (Clinical) = 591 vacancies out of 1084 posts
Assistant Professors (Non Clinical) = 124 vacancies out of 744 posts

Group C (Technical Posts) = 1713 vacancies out of 4264 posts

Group C (Non-Technical Posts) = 1249 vacancies out of 3073 posts
Nursing = 3974 vacancies out of 11665 posts

Class IV = 3974 vacancies out of 9543 posts

7. Court issues directions to government by way of ultimatum to fill in above mentioned

vacancies especially amongst doctors (Professors, Associate Professors, Assistant Professors)
by 31.10.2023. Time extension request will not be entertained.
8. Petitioner places two communications from Director, ME& R Mumbai (marked X-10/A and X-
10/B) deputing Professors, Associate Professors and Assistant Professors in various subjects to
GMC Parbhani and Osmanabad respectively, eyewash, deficiency of doctors, etc
9. Court directs that the process of filling in Class-3 posts with the TCS and Class 4 posts as
per the procedure prescribed, should be concluded by 31.08.2023, since the Maharashtra
Public Service Commission (MPSC) is not involved in such recruitment process.
10. Court directs Gram Panchayat Kunjkheda PHC Sub-Centre, Kannad taluka, District
Aurangabad to be commissioned through Secretary, Public Health Dept by 15.08.2023
11. Petitioner-in-Person has expressed a grave apprehension, pursuant to the meeting that
took place on 12.04.2023 (X-11), that four Super-specialty Hospitals constructed in the State
of Maharashtra are likely to be handed over to the private hospital operators.
12. AGP is called upon to take instructions in the above contentions of the petitioner and
appraise the Court
13. AGP informs about DE against Dr Ashish Bhivapurkar being in it’s final stages.
13.06.2023 BOARD
14.06.2023 1. Court observes that the order issued by the Director Dr. Dilip Mhaisekar (about
deputations to Parbhani, eye wash, misleading NMC), is diagonally opposite to our directions
and to say the least, is an attempt to ignore and overlook our direction as if the order dated
20.04.2023 means nothing to the said officer. Court therefore calls upon the PIL-Petitioner to
add Dr. Dilip Mhaisekar, Director Medical Education and Research, Mumbai as respondent
no.21.
2.. Court issues show cause notice to the added respondent no.21-Dr. Dilip Mhaisekar calling
upon him to explain why we should not initiate Contempt of Court proceedings against him
for the violation of the directions of this Court.
3. AGP called upon to place short affidavit on record about modes of operating super
specialty hospitals by Government so as to clarify government’s intention of operating the
said super specialty hospital at Aurangabad and Latur.
06.07.2023 1. Court observes Director Dr Deelip Mhaisekar is present in court. He has called back the
deputation orders given for GMC Parbhani. He has tendered unconditional apology on
affidavit. Court therefore renders a quietus to this issue with the expectation that, henceforth,
no such orders would be passed without the express leave of this court. The Notice, therefore,
stands purged.
2. Superspecialty hospital (SSB) at GMCH, Abad would be fully functional by the end of
August, 2023, says AGP
3. Kunjkheda PHC, advertisement, recruitment, selection to get over by 31.10.2023
14.09.2023 BOARD
06.10.2023 S.O. 07.10.2023
07.10.2023 1. Court directed that the scrutiny of the documents shall be completed on or before 27th
October, 2023 and the appointment orders to the selected candidates shall be issued between
30th October, 2023 and 4th October, 2023. Immediately thereafter, the Superspeciality facility
shall be put to use by appointing 75 nurses.
2. The PIL Petitioner prayed that Court should consider the issue as regards the deaths of
 patients at the Nanded and the Aurangabad Medical College and Hospitals. Court is aware
that the Principal Seat of this Court is dealing with both these issues in Suo Moto PIL (L) No.
27227 of 2023 and Suo Moto PIL No.1 of 2023. Therefore, we do not find it appropriate to
take up the said issue in this PIL.
10.10.2023 1. Court calls upon the learned AGP to instruct the Dean of the GMCH to submit a structural
audit of the GMCH building through the PWD so as to assess as regards whether the time has
come for a new GMCH building to be constructed. So also, details as regards the expenditure
on the renovation and maintenance of the building, over the last three years, a report as
regards the present status of the Refrigerators in which medicines are stored and the
condition of the Ambulances, should be placed before us on the next date

06.11.2023 Court appreciates Dean, GMCH, for angioplasty procedures starting at SSB after 10 nurses get
deputed at SSB further to Court’s direction.
S.O. 05.12.2023
01.12.2023 1. Court had granted time till 04/11/2023 to the Competent Authority to issue orders of
appointments to the 75 Nurses (SSB). As on date, after a passage of four more weeks, the
appointments of the 75 Nurses has not fructified.
2. Court grants time to the Competent Authority to issue the appointment orders to the
selected 75 Nurses by 15/12/2023 and the list of appointed nurses should be produced before
us on 18/12/2023.
3. Compliance of Dean regarding structural audit, ambulances, refrigerators (there was no
clue as to the PIL being heard on 01.12.2023, as result of which GMCH was left unprepared
under the assumption, PIL would come up for hearing on 05.12.2023)
4. Court directs for DE report in Dr Ashish Bhivapurkar case be submitted, on or before
31/12/2023. The Dean shall apprise the Court as regards the compliance of these directions, in
the hearing, that we would schedule on 04/01/2024, which is after the hearing scheduled on
18/12/2023.
5. Communication dated 06/11/2023 from Shri. Manohar R. Bandpatte, Additional Secretary
 of Government of Maharashtra is tendered to the Court and is marked as ‘X-17’ for
identification with regard to the recruitment process. we would expect the concerned
authorities to tender a status report, on 04/01/2024, as regards the recruitment and the
appointments of all the Authorities /Professors /Teachers, etc. as covered in Clause 3 of ‘X-
17’. S.O. 18.12.2023
18.12.2023 Pursuant to Court’s order dated 01.12.2023, the learned Special Counsel for the State has placed on
record a compliance report with a covering letter dated 18.12.2023 (1 + 18 pages). The same is
collectively marked as ‘X-18’ for identification.

04.01.2024 DUE
08.01.2024