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2019 DIGILAW 2756 (ALL)

Mamta Singh v. State of U. P.

2019-12-11

BISWANATH SOMADDER, NEERAJ TIWARI

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JUDGMENT : Biswanath Somadder, J. 1. This public interest litigation (PIL) has been instituted by a practising advocate of this Court primarily for the purpose of seeking this Court’s intervention in respect of the medical facility provided within the precinct of this Court. The writ petitioner/learned advocate has given certain instances in the writ petition which indicate lack of adequate medical facility within the precinct of this Court. By an order dated 27th November, 2019, an earlier Division Bench allowed the writ petitioner to implead the Chief Medical Superintendent, Prayagraj, as respondent no. 3 and also granted time to the respondents to file their respective counter affidavits. 2. When the matter is taken up for consideration today, the learned advocate representing the High Court Administration hands-over a copy of para-wise comments which he has received from the Registrar (Protocol). Certain paragraphs of the written instruction are required to be reproduced herein-below:- “3. That in reply to the contents of Paragraph Nos. 25 and 26 of the P.I.L. it is submitted that the High Court Dispensary was established in the premises of the High Court for the purpose of providing first aid in case of any emergency. In no way, it has been established as a substitute to a full-fledged hospital. The High Court has only provided space within the premises for functioning of the said Dispensary. The administration of Dispensary is in the hands of the Chief Medical Officer, Prayagraj. 4. That in reply to the contents of Paragraph No. 27 of the P.I.L. it is submitted that 02 (two) Ambulances are deputed at High Court for taking patients in case of emergency to nearby hospital. 6. That in reply to the contents of Paragraph Nos. 29 of the P.I.L. it is submitted that the Stretcher are available inside the Ambulance and therefore instead of waiting for the Stretcher, Sri Amulya Ratna Srivastava was immediately carried on hands for the purpose of providing him first aid immediately.” 3. The above-quoted paragraphs clearly reveal that the High Court Medical Unit/ Dispensary has not been established to be a substitute of a full-fledged hospital. However, we are unable to accept the reasoning provided by the High Court Administration as contained in paragraph 6. Let us suppose that the only available ambulance is already commissioned for the purpose of taking someone who has suddenly fallen ill in the High Court to the hospital. However, we are unable to accept the reasoning provided by the High Court Administration as contained in paragraph 6. Let us suppose that the only available ambulance is already commissioned for the purpose of taking someone who has suddenly fallen ill in the High Court to the hospital. Will that mean that no stretcher will be available till such time the ambulance returns? In other words, can it possibly mean that no other person can fall ill/ sick within the High Court precinct till such time the ambulance returns? That will simply be a patently absurd proposition. We are, therefore, not at all satisfied with the above statement made in paragraph 6 of the para-wise comments, especially in the backdrop of the statement made in paragraph 29 of the writ petition which reads as follows:- “29. That when Advocate Amulya Ratana Srivastava fell unconscious due to heart attack, there was no stretcher available to take him comfortably and advocates had to carry him on their own hand.” 4. The medical facility within the High Court (by whichever name it is called) is required to have adequate infrastructure and logistics should also clearly be in place in order to provide standard first line of medical care to those who may fall sick/ill in the High Court. Such standard first line of medical care shall include not only availability of adequate wheel chairs/stretchers, but should also include a fully stocked medical dispensary equipped, inter alia, with essential life saving medication and oxygen. Basic diagnostic tools such as blood-sugar, blood pressure, E.C.G. monitors, etc. should be readily available. At least one of the ambulances should be equipped with intensive care facility so that a critically ill patient can be transported safely to the nearest hospital with minimum risk to the patient. An emergency contact number shall be provided - either by the Registry of this Court or by the Health Department of the State of Uttar Pradesh - by means of which any person can access the Medical Unit situated in the High Court premises. This contact number shall be made known to all by means of public display, especially at conspicuous places within the High Court premises. This contact number shall be made known to all by means of public display, especially at conspicuous places within the High Court premises. The Learned Registrar General shall ensure that a regular monitoring system in place so that the existing medical facility does not fall short of the basic requirements necessary for providing standard first line of medical care as detailed above. In the event any inadequacy is noticed, the Learned Registrar General or anyone connected with the High Court Administration shall bring the same immediately to the notice of the respondent no. 3/Chief Medical Superintendent, Prayagraj, so that remedial action and corrective measures are taken. 5. The writ petition stands disposed of accordingly. 6. Let a copy of this order be transmitted forthwith by the learned Registrar General to the Chief Medical Superintendent, Prayagraj, as well as the Principal Secretary, Health, Government of Uttar Pradesh, Lucknow.