‘Not Even PET-CT Machines?’ Jammu & Kashmir and Ladakh High Court Rebukes Govt Over Missing Cancer-Care Facilities

The Jammu & Kashmir and Ladakh High Court on Wednesday came down heavily on the Union Territory of J&K administration for nearly a decade of non-compliance with its own 2016 directions to ensure the presence of qualified oncologists and PET-CT scan machines in government medical colleges across the region.

Starting from the core issue, the court noted that despite a clear judicial mandate issued years ago, medical colleges in the UT continue to function without sufficient oncologists and without PET-CT scanners which is a basic diagnostic requirement for cancer treatment. Calling this 'unacceptable', the bench said the administration 'cannot defend' its failure to comply with binding court orders.

The bench observed that the government had repeatedly cited a lack of eligible candidates as a reason for the continuing vacancies, a defence the court rejected outright. It remarked that if no oncologists were available locally, the administration had the option, and responsibility, to bring qualified specialists from outside Jammu and Kashmir. “Not every patient in this territory can go to Delhi for a simple PET-CT scan,” the court said, underscoring the human cost of bureaucratic inaction.

Taking a stern view of the prolonged non-compliance, court directed the Principal Secretaries of the Jammu & Kashmir Public Service Commission and the Department of Health & Medical Education to appear before it. The judges said both departments must explain why the 2016 order remains unimplemented and why essential cancer-care infrastructure has not been put in place even after repeated reminders from the court.

Court further noted that the absence of PET-CT machines, a standard equipment in any tertiary hospital treating cancer, forces patients to either delay diagnosis or travel hundreds of kilometres, often at significant financial and physical strain. It said the UT administration owed an explanation not only to the court but also to the people who continue to suffer due to its failure to act.

During the hearing, the bench also criticised the government’s attempt to cite procedural delays and recruitment hurdles as justification. Court clarified that administrative obstacles cannot override judicial directions, especially when they concern essential public health services. It reiterated that the responsibility to provide specialised treatment lies squarely with the UT, and prolonged inaction amounts to denying citizens their right to timely medical care.

The matter has been posted for the next hearing for the personal appearance of the two Principal Secretaries on Monday, December 8, 2025.

Case Title: Court On Its Own Motion Vs M.K. Bhandari Secy. Health Deptt. And Anr

Order Date: December 4, 2025

Bench: Chief Justice Arun Palli and Justice Rajnesh Oswal