Kerala High Court Issues Ultimatum to Central Government on AIIMS Establishment
The Kerala High Court has issued a firm directive to the central government, demanding that it file a comprehensive affidavit within two weeks to clarify its official position regarding the establishment of an All India Institutes of Medical Sciences (AIIMS) facility in the state of Kerala. This significant judicial order was delivered by a bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar during a hearing on Wednesday.
Court Demands Clarity on AIIMS Prioritization Criteria
The bench further instructed the deputy solicitor general to ensure that the affidavit explicitly details the specific criteria applied by the central government when prioritizing the establishment of AIIMS institutions across various states. This judicial intervention came while the court was reviewing a petition submitted by AIIMS Kasaragod Janakeeya Koottayma, a dedicated public action group that has been actively advocating for the establishment of the proposed AIIMS facility in Kasaragod district.
Background of the Legal Proceedings
During a previous court hearing, the High Court had specifically directed the central government to conduct a thorough feasibility study in close coordination with the Kerala state government. This study was intended to evaluate the proposed site at Kinaloor in Kozhikode district to determine whether it fully conforms to the established guidelines for establishing an AIIMS institution within the state.
However, this judicial directive was not complied with by the central authorities. Consequently, during a subsequent hearing, the court mandated the appearance of a competent officer—preferably from the Union Ministry of Health and Family Welfare—to address and resolve this critical matter. This judicial order followed the state government's submission to the High Court that there had been absolutely no further communication from the central government after Kerala officially communicated its selection of Kinaloor as the preferred location for the proposed AIIMS facility.
Health Ministry's Submission and Policy Stand
In response to this judicial directive, Health Ministry Joint Secretary Ankita Mishra Bundela appeared virtually before the High Court on Wednesday. She presented a detailed submission outlining the current status of AIIMS establishments under the Pradhan Mantri Swasthya Suraksha Yojana (PMSSY) scheme.
Bundela informed the court that under the PMSSY scheme, a total of 22 AIIMS institutions were proposed to be established across various states. Of these, 18 have already become fully functional, while the remaining four are currently at various advanced stages of construction. She emphasized that "the establishment of AIIMS in different parts of the country is a policy decision of the Union government."
The joint secretary further explained that substantial budgetary allocation would be required for any new AIIMS establishment, and the health ministry does not possess independent authority to make such decisions. She stated clearly that "at present, there is no policy decision to establish an AIIMS in Kerala." Additionally, she revealed that the proposal for continuing the PMSSY scheme for the next five years is currently undergoing inter-ministerial consultation at various government levels.
Historical Context and Government Correspondence
Meanwhile, an affidavit filed by Health Ministry Under Secretary Binod Kumar provided historical context to this ongoing matter. The affidavit disclosed that the Kerala Chief Minister was formally requested in June 2014 to identify three to four alternative locations for establishing an AIIMS facility within the state.
Four potential sites were initially recommended by the state government in 2016. Later, in 2025, the Chief Minister submitted a comprehensive memorandum to the Union Health Minister specifically seeking approval for establishing an AIIMS at the Kinaloor location. The affidavit further clarified that "a feasibility study for establishing an AIIMS at a particular location can be undertaken only after the Union government takes a policy decision to establish an AIIMS in the concerned state."
Judicial Displeasure and Adjournment
The Kerala High Court bench expressed significant displeasure regarding the fact that the affidavit had been filed by an under secretary rather than a principal secretary or joint secretary, considering the importance and gravity of this matter. The court emphasized that such a crucial issue warranted representation by higher-ranking officials who possess greater decision-making authority within the ministry.
Following these proceedings, the High Court has adjourned the petition to March 25, 2025, for further hearing and consideration. This judicial deadline places substantial pressure on the central government to formulate and present a clear, comprehensive policy position regarding the establishment of an AIIMS facility in Kerala within the stipulated two-week timeframe.
