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Rajasthan High Court · body

2019 DIGILAW 588 (RAJ)

Suo Moto v. State of Rajasthan

2019-02-19

DINESH MEHTA, SANGEET LODHA

body2019
JUDGMENT Mr. Sangeet Lodha, J. - Considering the surge of Swine Flu in the city of Jodhpur and the area nearby, this Court vide order dated 5.2.15 while taking the cognizance suo-moto, sought a detailed report and directed the State Authorities to make all necessary arrangements for detection and cure of Swine Flu in the State of Rajasthan. 2. During the course of hearing, Mr. Vikas Balia, Amicus Curiae, pointed out that the Government of Rajasthan has established the Infectious Disease Institute at Jodhpur, however, the same is not functional due to lack of necessary infrastructure. Mr. Balia, suggested that introduction of mandatory accreditation of health care providers including hospitals, clinics, laboratories etc. by the premier recognized accreditation agency of India being National Accreditation Board for Hospitals and Health Care Providers (NABH) which is constituent Board of Quality Council of India, set up to establish and operate accreditation program for health care organization, will ensure effective mitigation of the situation. 3. After due consideration of the progress report submitted on behalf of the State Government and the submissions of the Amicus Curiae, a Coordinate Bench of this Court vide order dated 12.2.15 issued following directions to the State of Rajasthan : "1. To make its best efforts to supply Oseltamivir capsules upto the primary unit of the public health system. 2. The staff engaged with National Rural Health Mission and any other health scheme of the State be made aware about the reasons and symptoms of Swine Flu and their services may be utilised to enrich public awareness to control the epidemic. 3. To reduce and check transportation of the infected/ apprehending infected persons to higher centres, efforts be made to have necessary facility of local diagnosis at Panchayat Samiti level; 4. A drive be initiated with the aid of all local bodies and non-governmental organisations to have cleanliness and appropriate hygiene standards in urban as well as rural areas with much emphasis for cleanliness at the hospitals, dispensaries, community health centres and primary health centres, railway stations, bus stops etc.; 5. To provide all necessary aid to make the Infectious Disease Institute, Jodhpur functional as early as possible. The secretary to the Government of Rajasthan, Department of Medical and Health Services shall personally look into the matter and shall submit all necessary details to the Court in this regard; and 6. To provide all necessary aid to make the Infectious Disease Institute, Jodhpur functional as early as possible. The secretary to the Government of Rajasthan, Department of Medical and Health Services shall personally look into the matter and shall submit all necessary details to the Court in this regard; and 6. The Government of Rajasthan shall also examine viability to apply standards of accreditation to all Government Hospitals and Government laboratories in entire State. Such consideration is required to be made expeditiously as far as possible on or before 16.3.2015. Necessary report of the steps taken in this regard shall also be submitted to the Court on next date of hearing." 4. After perusal of the further progress report submitted by the State, so as to make the Infectious Disease Institute, Jodhpur functional, vide order dated 25.3.15, this court issued the directions in the following terms: "Looking to above factual background, we deem it appropriate to direct the State Government to make the Institute functional by providing all necessary infrastructure including the staff and equipments. The Secretary to the Government of Rajasthan, Department of Medical and Health Education, is required to furnish all necessary details about the steps so far taken and further required to be taken to make the Institute functional to this court by remaining personally present on the next date of hearing." 5. Later, noticing the fact that epidemic of Swine Flu is no more in existence and the Infectious Disease Institute, Jodhpur has also been made functional by the State, vide order dated 21.7.16, this PIL was closed with the expectation that the Government shall take necessary steps to fill up all the existing posts of the Doctors and other Paramedical Staffs at Government Hospitals and Dispensaries in the city of Jodhpur and further that efforts shall be made to promote and develop the Infectious Disease Institute, Jodhpur. 6. However, on application being made by the Amicus Curiae, the proceedings in the present PIL were reopened by the Court vide order dated 16.5.18. 7. On 27.7.18, the Additional Advocate General was granted time to place on record the status report qua the Infectious Disease Institute and the rules framed for the standards to be maintained by the hospital. 8. However, on application being made by the Amicus Curiae, the proceedings in the present PIL were reopened by the Court vide order dated 16.5.18. 7. On 27.7.18, the Additional Advocate General was granted time to place on record the status report qua the Infectious Disease Institute and the rules framed for the standards to be maintained by the hospital. 8. The status report was filed on behalf of the State on 14.9.18 inter-alia taking the stand that since September, 2013 Infectious Disease Institute established at Kamla Nehru Chest and TB Hospital Campus is functioning in the city of Jodhpur comprising of two blocks; one block is for prevention, diagnosis and treatment purpose and another for research and training purpose. The details of faculty working in the Institute and other facilities available, were also furnished. It is asserted that Dr. S.N. Medical College has taken steps to establish the Institute as Centre of Excellence so as to provide the public with all types of diagnostic facilities and for this reason proposals were invited vide letter dated 27.8.18 from all the departments regarding their need for equipments, civil works, manpower and other works. It is emphasized that the faculty in Infectious Disease Institute Jodhpur is required to be trained by the faculty from other infectious disease centres functioning in the country i.e. CMC Vellore and AIIMS Delhi. That apart, regarding Super Speciality Program, it was submitted that the recommendations and the requisitions are proposed to be sent to the Medical Council of India to commence DM (Super Speciality Program). It is suggested that once the Course would commence, the residents would be available and every year two residents would be added to the workforce. 9. By way an additional affidavit filed on 9.1.19, it is clarified that the proposals received from various departments regarding the need for equipments, civil works, manpower and other works have already been forwarded to the Department of Medical Education, Government of Rajasthan and the financial sanction is awaited. 10. By way of yet another additional affidavit filed on 16.1.19, it is submitted that a conference was arranged in between Additional Advocate General appearing in the matter and Dr. Arvind Mathur, Retired Principal and Controller Dr. S.N. Medical College, Jodhpur who conceived the idea of establishment of Infectious Disease Institute, Jodhpur with the objects specified. 10. By way of yet another additional affidavit filed on 16.1.19, it is submitted that a conference was arranged in between Additional Advocate General appearing in the matter and Dr. Arvind Mathur, Retired Principal and Controller Dr. S.N. Medical College, Jodhpur who conceived the idea of establishment of Infectious Disease Institute, Jodhpur with the objects specified. It is suggested that an Expert Panel/ Advisory Board may be constituted for developing the Infectious Disease Institute as a Centre of Excellence. 11. 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. 12. On 13.2.19, Dr. Arvind Mathur, who conceived the idea of establishment of Infectious Disease Institute at Jodhpur, present 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. 13. Accordingly, we constitute a three-member Advisory Committee consisting of Dr. Arvind Mathur, Professor & Principal, S.N. Medical College, Jodhpur (Retired), Dr. We are informed that Dr. V.M. Katoch and Dr. O.C. Abraham have also agreed to give their services. 13. 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. 14. 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. 15. 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. 16. The Advisory Committee is requested to submit its report as early as possible preferably within a period of two months. List the matter on 23.4.19.