RAKESH CHANDRA NARAYAN versus STATE OF BIHAR

Citation: [1988] SUPP. 3 S.C.R. 306 · Decided: 27-09-1988 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Hearing Adjourned

Judgment (excerpt)

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RAKESH CHANDRA NARAYAN 
V. 
STATE OF BIHAR 
SEPTEMBER 27, 1988 
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[RANGANATH MISRA AND M.N. VENKATACHALIAH, JJ.) 
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Constitution of India, 1950-Article 32-Public Interest Litiga-
tion-Mental Hospital Ranchi-Chief Judicial Magistrate's report-
Considered-Committee of Management appointed for the hospital. 
" A letter petition in regard to the Mental Hospital at Ranchi was 
considered as a pnblic interest application under Article 32 of the Con-
stitntion, and the Conrt called npon the State of Bihar to me its connter 
affidavit. At the same time, the Conrt directed the Chief Jndicial 
Magistrate to visit the hospital and snbmit a report about the conditions 
prevailing there. The hospital was in the sole management of the Health 
Department of the State of Bihar. The state of Bihar received fmancial 
contributions from the States of West Bengal and Orissa on the basis of 
the number of beds reserved for each State. 
The report submitted by the Chief Judicial Magistrate made a 
painful reading. In the affidavit submitted by the State of Bihar it was 
stated that the Government was aware of the conditions and had since 
taken .some steps to improve the working of the hospital, and had also 
drawn up a scheme to develop the hospital on the lines of NIMHANS in 
Bangalore. 
From time to time, the Court had issued directions and made 
specific orders regarding provision of better food, clothing, medical 
treatment, honsing and improvement of sanitation, etc. 
While keeping the matter pending, the Court, 
HELD: (I) In a welfare State it is the obligation of the State to 
provide medical attention to every citizen. The State bas to realise its 
obiigation and the Government of the day bas got to perform its duties 
by running the hospital in a perfect standard and serving the patients in 
an appropriate way. [318D-E) 
(2)'1t is clear that inspite of several orders made by this Court 
and assurances held out by the State Government of Bihar, the defects 
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R.C. NARAYAN·v. STATE OF BIHAR 
>307 
were not being remedied. . The awareness of the governmental 
authorities of the sordid situation prevailing in the hospital, as admitted 
in the scheme furnished to the Court, the non-compliance in an effective 
way with the directions made from time to time by the Court and the 
general lethargy shown in rising from slumber leaves a clear impression 
that the institution cannot be run as a mental hospital of that magnitude 
unless there be change in the administrative set-up, the control is 
altered and a new service to patient-oriented thrust given to the 
institution. [318B-C] 
(3) The scheme which was furnished to the Court was a half-
hearted one and no attempt therein was made to bring about any 
improvement except attending to certain obvious deficiencies and short-
falls. The Court had looked forward to a scheme of re-orientation which 
the scheme did not even remotely touch. [318F -GI 
(4) The State Government authorities have not been able to assess 
the pri11rities. There does not seem to be t!te slightest interest on the 
part of the persons handling the matter, to improve the environment. In 
these circumstances, it is_ difficult to leave the management exclusively 
to the Health Department of the State of Bihar if the institution has to 
rnn as a good and useful hospital. Association of the States of West 
Bengal and Orissa in the management is likely to bring about some 
positive result. It would, therefore, be much better if a C<'mmittee of 
Management is appointed with full powers to look after all aspects of 
the institution. [3I9A; B-D] 
(5) The Court accordingly constituted a Committee of Manage-
ment for the Mental Hospital and gave directions regarding the finan-
cial contribution from the participating States, and also laid down 
guidelines regarding the functioning and management of the hospital. 
The Court further directed that the Committee shall take expeditious 
steps to explore the possibility of transforming the hosoital into the 
pattern obtaining in the hospital run by NIMHANS at Bangalore. l321 C-D l 
ORIGINAL JURISDICTION: Writ Petition (Civil) No. 339 of 
1986. 
(Under Article 32 of the Constitution of India). 
S.P. Pandey and Mrs. Rekha Pandey for the Petitioner. 
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J.R Dass, D.K. Sinha, D. Goburdhan and R.K. Mehta for the 
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Respondent. 
308 
SUPREME COURT REPORTS 
[1988] Supp. 3 S.C.R. 
T-he Judgment of the Court was deliver

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