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Rajasthan High Court · body

2019 DIGILAW 3000 (RAJ)

Suo Moto v. State of Raj

2019-12-14

SANGEET LODHA, VINIT KUMAR MATHUR

body2019
ORDER : Vinit Kumar Mathur, J. 1. Since the city of Jodhpur was in the grip of swine flu, this Court vide order dated 05.02.2015 suo moto took cognizance and a detailed report was called for from the State Authorities for taking necessary steps to deal with the situation in the State of Rajasthan. 2. Learned counsel Mr. Vikas Balia was appointed as amicus curie in the matter to assist this Court in the present case. Various reports and suggestions were submitted by him and this Court passed the directions from time to time. In continuation of the same, this Court issued detailed directions on 19.02.2019 in the following terms :- Learned AAG while not disputing that the menace of Swine Flu in continues in the State of Rajasthan, submitted that the State Government is aware of the gravity of situation and the appropriate measures are being taken to cure patients of Swine Flu. Learned AAG also not disputed that much is required to be done to upgrade the existing Infectious Disease Institute so as to combat with the menace of the infectious disease, which have emerged as common cause of morbidity and mortality in the State of Rajasthan, particularly, the Western Rajasthan in past few years. Learned AAG fairly suggested that an Advisory Board/Committee consisting of the experts of the field may be constituted to guide the development of the Institute already established as Centre of Excellence in clinical care, for training of clinician and related research in the field so as to attain the identified goal. He suggested that Dr. Arvind Mathur, Professor & Principal, S.N. Medical College, Jodhpur (Retired), Dr. V.M.Katoch, Former Secretary, Department of Health Research, Ministry of Health & Family Welfare, Government of India and Former Director General, Indian Council of Medical Reserach and Dr. O.C.Abraham, Specialist in Internal Medicine & Infectious Diseases, CMC Hospital, Vellore may be inducted as members of the Advisory Board/Committee. On 13.2.19, Dr. Arvind Mathur, who conceived the idea of establishment of Infectious Disease Institute at Jodhpur, present (Downloaded on 21/11/2019 at 11:54:20 AM) (6 of 7) [CW-1365/2015] in person on the request made by the court, while giving the details of the project, volunteered to give his services for the public cause. We are informed that Dr. V.M.Katoch and Dr. O.C. Abraham have also agreed to give their services. Accordingly, we constitute a three-member Advisory Committee consisting of Dr. We are informed that Dr. V.M.Katoch and Dr. O.C. Abraham have also agreed to give their services. Accordingly, we constitute a three-member Advisory Committee consisting of Dr. Arvind Mathur, Professor & Principal, S.N. Medical College, Jodhpur (Retired), Dr. V.M.Katoch, Former Secretary, Department of Health Research, Ministry of Health & Family Welfare, Government of India and Former Director General, Indian Council of Medical Reserach and Dr. O.C.Abraham, Specialist in Internal Medicine & Infectious Diseases, CMC Hospital, Vellore to give the suggestions for developing the existing Infectious Disease Institute, Jodhpur as ‘Centre of Excellence’ so as to achieve the objective of evaluating and combating spread of infectious diseases at any level. The Advisory Committee shall also explore the possibility of collaboration with other Institutes, Organisations, Research Centres, Laboratories etc. to achieve the objective. The Advisory Committee shall be permitted to visit and inspect the Infectious Disease Institute, Jodhpur as and when required. The Advisory Committee shall be extended access to the database information and other ancillary resources from various Departments of State including Medical College/Hospitals and Department of Epidemiology. The Advisory Committee is requested to give a detailed report regarding the overall infrastructure required, which may fulfill the regulatory requirements and standards established by NABH for the purpose of accreditation. (Downloaded on 21/11/2019 at 11:54:20 AM) (7 of 7) [CW-1365/2015] The State Government shall also provide the Secretariat to the Advisory Committee. The Principal, Dr.S.N.Medical College, Jodhpur shall be the nodal person responsible for coordination of the functioning of the Advisory Committee to achieve the objectives. The Members of the Advisory Committee shall be extended all requisite facilities including appropriate arrangement of lodging and boarding, reimbursement of the air travel and other conveyance expenses as and when demanded for the purpose of fulfillment of the task. All expenses shall be reimbursed to the Members of the Advisory Committee through Principal, Dr. S.N. Medical College, Jodhpur. The Advisory Committee is requested to submit its report as early as possible preferably within a period of two months. 3. In pursuance of the directions issued by this Court, the Advisory Committee submitted a detailed report and the same was taken on record. The State filed an additional affidavit giving complete details of the steps being taken for implementation of the recommendation made by the Committee. 3. In pursuance of the directions issued by this Court, the Advisory Committee submitted a detailed report and the same was taken on record. The State filed an additional affidavit giving complete details of the steps being taken for implementation of the recommendation made by the Committee. The State filed response and it was submitted that the matter has been discussed at an appropriate level and the same was taken up for financial sanction for the purpose of initiating the work as per the recommendations. After getting the financial sanction, the Principal & Controller, S.N. Medical College Jodhpur constituted a Committee on 19.7.2019 for remodeling/renovation work for the first phase of up-gradation of the Infectious Disease Institute. The Committee constituted made the survey and P.W.D was asked to undertake the work and to complete the work at the earliest. The officials of the P.W.D have conveyed that they will be able to complete the same in approximately six months. Besides the completion of remodeling/renovation work of the laboratories, the process for filling up the faculty post at Infectious Disease Institute was also undertaken in the different departments. The Principal & Controller, S.N. Medical College Jodhpur on 22.7.2019 recruited four Junior Residents which were recommended by the Committee, and the same were appointed on Urgent Temporary Basis. The steps are being taken for filling up the non-gazetted staff also. After filing the additional affidavit, couple of more affidavits were filed giving time bound action plan for implementation of the project of Infectious Disease Institute. It was also stated that a proposal for minimum requirement of budget to the tune of Rs. 5.21 crore (five crore and twenty-one lakhs) for purchase of equipments and Rs. 2.50 crore (two crore and fifty lakhs) for remodeling/renovation of the laboratories was prepared. The same was sent to the Government for allocation of the budget provisions. 4. This Court was not satisfied with the comprehensive affidavit. Therefore, another additional affidavit (dt. 17.8.2019) was filed by the State, wherein the State Government has tried to explain the position of the postings and the steps taken for the appointment to the post of faculty members, other ancillary and supporting staff at the Infectious Disease Institute. It was also submitted that certificate of accreditation of Pathology laboratory of Dr. S.N. Medical College, Jodhpur has been issued by the National Accreditation Board for Testing and Calibration Laboratories. It was also submitted that certificate of accreditation of Pathology laboratory of Dr. S.N. Medical College, Jodhpur has been issued by the National Accreditation Board for Testing and Calibration Laboratories. The pathology laboratories at four different locations of Dr. S.N. Medical College was covered under this certificate. The laboratories of the department of Biochemistry and Pharmacology were in the process of accreditation and preinspection had already been conducted. 5. By way of another additional affidavit (dt. 26.8.2019) filed by the State, a time line for giving effect to the recommendation of the Advisory Committee was given wherein the period from 2 to 42 months was mentioned for completion of the up-gradation of Infectious Disease Institute. This Court vide order dated 27.09.2019 directed the respondents to justify as to why the completion of project will take such a long time. The State by way of the additional affidavit (dt.4.10.2019) filed a revised note-sheet dated 01.10.2019 giving a fresh time line whereby the stipulated time for completion of various works has been considerably revised and shortened. It was also stated that some persons have been appointed and details of their appointment have been given by way of a chart. The amount of Rs. 5.21 crore (five crore and twenty-one lakhs) were also sanctioned for the procurement of equipment and their installation. Further, Rs. 2.50 crore (two crore and fifty lakhs) have been sanctioned for remodeling of the labs. It is further contended that as a part of the said project, a ward earmarked for Infectious Disease Institute during the visit of the Committee at Mahatma Gandhi Hospital, Jodhpur is also under construction. A revised sanction for the same is under active consideration. 6. One more affidavit was filed by the State on 23.10.2019. By way of this affidavit, certain developments i.e. e-notice inviting tender was issued on 17.10.2019 for construction/remodeling of the labs at Infectious Disease Institute were brought on record. Further, it was brought to the notice of this Court that process to appoint an Assistant Professor of Microbiology and Medicine is being taken. Mr. Manoj Kumar, Pediatrics had joined the Infectious Disease Institute on 13.10.2019. 7. Further, it was brought to the notice of this Court that process to appoint an Assistant Professor of Microbiology and Medicine is being taken. Mr. Manoj Kumar, Pediatrics had joined the Infectious Disease Institute on 13.10.2019. 7. Learned amicus curiae submits that no effective steps are being taken to keep laboratories accredited by the National Accreditation Board for Testing and Calibration and the residents of the city are facing a great difficulty as there is outburst of ‘dengue’ in the city of Jodhpur and nearby areas. The hospitals are not equipped adequately for the requisite tests. He further submits that the State Government is not seriously implementing the recommendations of the Advisory Committee and even as per the fresh time line for up-gradation of the project is far too long. 8. Considering the submissions made at bar and the fact that the City of Jodhpur is facing an epidemic in the shape of dengue and other viral diseases. We feel that the State should immediately take up the required steps to meet the situation of epidemic in the City of Jodhpur by issuing following directions : (1)- The respondents are directed to take immediate steps for completing the civil work of construction at Infectious Disease Institute and the matter should be taken up with the Competent Authorities of P.W.D. for completion of the various works at an earliest but in no case later than six months. (2)- The vacant posts for the different faculties as well as supporting staff mentioned by the State in para 6 of their affidavit dated 4.10.2019 shall be filled in by the State Government within a period of eight weeks. (3)- We hereby appoint Dr. Arvind Mathur, Professor & Principal, S.N. Medical College, Jodhpur (Retired), Sh. V.M. Katoch, Former Secretary, Department of Health Research, Ministry of Health & Family welfare, Government of India, Sh. Vikas Balia, Advocate, Addl. Chief Engineer, P.W.D., Jodhpur and Dr. Naveen Kishoria, working as Senior Professor Medicine, Dr. S.N. Medical College, Jodhpur. A committee to monitor the work being undertaken by the respondents for the purpose of up-gradation, remodeling/renovation of Infectious Disease Institute. The Committee above constituted shall make periodical visits to the site preferably once a month and report the matter to this Court with respect to the specifications of equipments as well as laboratories, quality and progress of the work being undertaken at the site of Infectious disease Institute. The Committee above constituted shall make periodical visits to the site preferably once a month and report the matter to this Court with respect to the specifications of equipments as well as laboratories, quality and progress of the work being undertaken at the site of Infectious disease Institute. (4)- The revised time line mentioned by the respondents in their affidavit dated 04.10.2019 needs to be re-looked as the time mentioned on their action point from 1-11 is far too much, more particularly when the situation in the City is grim and facing a crisis. We direct that Annexure R/28 be placed before the Advisory Committee which has submitted the report to suggest the ways and means for completion of the respective works enumerated therein within the shortest possible time. (5)- As far as peripheral area of the institute and the three associated hospitals of Dr. S.N. Medical College, Jodhpur are concerned, we direct the Commissioner, Municipal Council, Jodhpur to deploy adequate number of staff and post a responsible officer for cleaning, scavenging and removal of the garbage daily and keeping the nearby area of these hospitals absolutely clean. (6)- As submitted by the respondents, as a part of the said project, the ward which is earmarked for Infectious Disease Institute be established in the Mahatma Gandhi Hospital, Jodhpur. The requisite equipments be installed in the ward and same be made operational at the earliest preferably within a period of three months. 9. The violation if any brought to the notice of this Court of the above directions will be viewed very seriously by this Court. 10. List the matter on 02.03.2020 along with compliance report of the above directions.