The Punjab and Haryana High Court has made it clear that a hospital without of doctors is nothing but bricks and mortar before directing Haryana AYUSH Department to carryout redistribution of Ayurvedic Medical Officers (AMOs) across the State. Justice Sandeep Moudgil also admonished the uneven deployment of AMOs after finding that 97 doctors were surplus at some centres, while several dispensaries and primary health clinics were functioning with inadequate staff or without any medical officer at all.The High Court also turned its attention to the larger shortage of doctors, noting that more than 603 posts of Ayurvedic Medical Officers remained vacant. The court was told that the vacancies remained unfilled though advertisements for the posts were issued in 2023 and the recruitment process was completed in 2025.Justice Moudgil observed that the continuing shortage was adversely affecting healthcare availability in substantial parts of the State. Finding that the matter required immediate administrative attention, the court asked Additional Chief Secretary, AYUSH Department, to personally examine the issue in consultation with the Director-General, AYUSH Department. The officer was asked to file an affidavit explaining why the process to fill the vacancies had not been initiated so far, the timeline for filling them, and interim measures proposed to address the shortage of Ayurvedic Medical Officers across the State.Justice Moudgil observed the record placed before this Court painted a rather disturbing picture. Basic healthcare facilities in several areas appeared to be suffering following uneven deployment of AMOs. Certain centres were shown to have surplus medical officers, while several dispensaries and primary health clinics (PHCS) continued to function either with inadequate staff or without any medical officer at all. “Such a situation, prima facie, strikes at the very concept of equal access to healthcare,” Justice Moudgil observed.For the purpose of comprehensive, equitable and requirement-based redistribution, Justice Moudgil set a two-week deadline before observing that public healthcare could not be reduced to “paper assurances or statistical abstractions” in a welfare State governed by constitutional morality.Justice Moudgil added that healthcare must translate into the actual availability of doctors and functional medical institutions accessible to every citizen. “A hospital deprived of doctors is but a structure of bricks and mortar, incapable of securing the right to life to the citizens. The constitutional obligation of the State does not end with establishment of institutions, it extends to ensuring that such institutions remain functional in substance, providing healthcare facilities to all,” the court asserted.Right to health part of Article 21The directions came during the hearing of petitions by Satyavati and another petitioner.  At the onset, Justice Moudgil referred to the larger constitutional issue by observing that the grievance raised in the matter travelled beyond an individual service dispute and touched upon the wider issue of public healthcare availability in Haryana.Justice Moudgil observed the right to health and medical care formed an integral facet of Article 21. The court added public health and hospitals fell within the State List and were squarely within the State’s constitutional responsibility.“It casts upon the State not only a sacrosanct duty to ensure that basic medical facilities remain available and accessible to each and every citizen of the State but also it is a continuing obligation of governance,” the Bench asserted.Healthcare cannot remain a matter of paper assurancesJustice Moudgil asserted a State’s constitutional obligation did not end with creating institutions. It was required to ensure such institutions remained functional. Describing the courts as “sentinel on the qui vive” or a watchful guardian, the Bench asserted it could not remain a “mute spectator” where executive inaction prima facie disturbed the balance between administrative requirements and citizens’ right to accessible healthcare.97 AMOs surplus; urban posting preference blamedJustice Moudgil observed details of deployment and vacancies were sought from the AYUSH Department. After examining an affidavit filed by Additional Director (Administration) Vijender Hooda, the court found that substantial vacancies existed across Haryana even as surplus postings continued at various locations.Pursuant to the court directions, Director, AYUSH Department, Sanjeev Verma appeared personally before the court and submitted that 97 AMOs were presently surplus at various PHCs and Government Ayurvedic Dispensaries. He assured the court that a uniform redistribution exercise would be undertaken in areas where either no AMO was available or where requirements exceeded existing strength. He also fairly conceded that the situation had largely arisen because medical officers had exercised options seeking postings in urban areas alone.Convenience of employees must yield to constitutional necessityJustice Moudgil asserted the court could not ignore the imbalance emerging from the record. “Public health administration cannot be permitted to function in a manner where concentration of medical personnel at convenient stations results in deprivation of medical facilities in rural and underserved areas,” the Bench observed.The court added: “Convenience of employees working under the State must yield to constitutional necessity where issues concerning healthcare and public welfare are involved.” Before parting with order, Justice Moudgil directed the Director, AYUSH Department, Haryana, to undertake comprehensive exercise for equitable and requirement-based posting of AMOs in all Government Ayurvedic Dispensaries and PHCs across Haryana within two weeks, with a compliance affidavit to be filed on May 27.