The Kerala High Court on Wednesday urged the Central government to prioritise the establishment of an All India Institute of Medical Sciences (AIIMS) hospital in Kerala. [AIIMS Kasargod Janakeeya Koottayma v. Union of India & Ors.]

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM noted that although Kerala may have better healthcare indicators, the population density in the State warrants the establishment of an AIIMS to address the medical needs of the poor.

"The State of Kerala, in our view, can also be considered on a priority basis having regard to the density of population and the fact that the existing government hospitals will not be sufficient to provide medical facilities to the poor and needy," the Court said in its order.

The order was passed on two petitions seeking the establishment of AIIMS in Kerala under the Pradhan Mantri Swasthya Suraksha Yojana (PMSSY).

During the hearing, Deputy Solicitor General of India (DSGI) OM Shaline, representing the Centre, submitted that no in-principle approval has yet been granted for the establishment of AIIMS in Kerala.

She added that while the proposal for AIIMS in Kerala has not been rejected, the Central government is prioritising States with weaker healthcare systems for the establishment of AIIMS.

"Kerala has good healthcare. We are prioritising other States for AIIMS first. Many aspects are taken into consideration, such as the establishment of private medical colleges. We are prioritising states with weaker healthcare... We have to look at all States and Union Territories. Kerala is better off in comparison," the DSGI submitted.

However Chief Justice Sen was unimpressed with the explanation, pointing out that not everyone can afford to avail the services of private medical facilities such as Aster Medicity, a private hospital Ernakulam district.

"Does that mean people in Kerala don't need AIIMS. Not everyone can afford to go to Aster...Kerala has population density. There are States where you have multiple AIIMS. Why is there AIIMS in Delhi? All affluent people are there. Doesn't Kerala deserve one AIIMS?" Chief Justice Sen remarked.

The Court also noted that the proposal for establishing AIIMS in Kerala along with all supporting documents, was submitted to the Central government in 2016 and yet, no action has been taken.

The Court, therefore, directed the Centre to take into consideration all such factors and take a decision on the proposal without further delay.

"We expect the government to take a conscious decision considering the needs of the State and having regard to the fact that the proposal of establishment of AIIMS with all justifications was placed before the Central government and the matter is pending for ten years," the Court said in its order.

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