Delhi High Court - Orders
Social Jurist, A Civil Rights Group vs Rajan Babu Institute Of Pulmonary ... on 21 May, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5277/2024
SOCIAL JURIST, A CIVIL RIGHTS GROUP ..... Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar
Utkarsh, Mr. Manoj Kumar and Ms.
Ashna Khan, Advocates
versus
RAJAN BABU INSTITUTE OF PULMONARY MEDICINE AND
TUBERCULOSIS AND OTHERS ..... Respondents
Through: Ms. Shivangi Kumar Advocate for R-
1 and R-2 (MCD)
Mr. Vaibhav Gaggar, Senior Panel
Counsel with Mr. Vedansh Anand,
Govt. Pleader
Mrs. Avnish Ahlawat, Standing
Counsel, GNCTD (services) with Ms.
Tania Ahlawat Mr. N.K Singh, Ms.
Laavanya Kaushik, Ms. Aliza Alam
and Mr. Mohnish Sehrawat,
Advocates GNCTD.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 21.05.2024
1. Today, learned counsel for the Union of India ('UOI') and Mission Director, Delhi State Health Mission, GNCTD have handed over affidavits detailing the stock position of 4 FDC (A) and 3 FDC (A) drugs in Delhi stores. The relevant portion of the said affidavits are reproduced as under:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 22:32:17 A. Additional affidavit dated 20th May, 2024 on behalf of UOI "7. As on 20.05.2024, the data with respect to the stock of the 4 FDC (A) and 3 FDC (A) drugs available in Delhi stores, is reproduced hereinbelow.
Unit of Release Stock Available Stock in UT of Delhi as on 20.05.2024.
Measur Order receive
Drug ement in d till State District TB total Avg Stock
Name Quantit date by Drug Drug Units available Daily sufficie
y UT Store Stores Stock at consu ncy (in
all stores mption days)
4FD 28 Tabs 80,280 60,120 2,867 11,985 12,502 27,354 1,262 22
C(A) in a
strip
3FD 28 Tabs 87,840 35,040 4,550 5,863 2,879 13,291 1,902 9
C(A) in a
strip
2FD 28 Tabs 8,640 8,640 120 1,569 1,753 3,442
C(A) in a
strip
That as on 20.05.2024, stock sufficiency of the available stock at Delhi is for 22 days for 4FDC (A) and for 3FDC(A) for 9 days."
B. The affidavit of Mission Director Delhi State Health Mission, GNCTD "11.That the current status of the stock available in Delhi both at State and District Level is as follows:-
Supply of 4 FDC (A) resumed from the CTD in small tranches. Estimated Monthly Consumption: 42000 strips
1. CMSS/2024/Apr/13 dated 11/04/2024 - 15000 strips - (Physically received on 16-04-2024) - Distributed from 18th April 2024
2. CMSS/2024/Apr/28 dated 26/04/2024 - 10080 strips - (Physically received on 08-05-2024) - Distributed from 10th May 2024.
3. GMSD/KAR/2024/MAY/01 dated 03/05/2024 - 10080 strips of 4FDC (A) (Physically received on 07-05-2024) - Distributed from 7th May 2024.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 22:32:17
4. GMSD/KAR/2024/MAY/03 dated 07/05/2024-24960 strips of 4FDC (A) (Physically received on 10-05- 2024) - Distributed from 10th May 2024.
5. Issue No. GMSD/KAR/2024/MAY/06 dated 13-05-2024 - 20160 strips of 4 FDC(A)- Not yet received Clarification provided to the districts regarding the delegation of financial powers of the DTOs and constitution of the Local purchase Committee. Copy of Mail dated 26.03.2024 is annexed herewith and marked as Annexure A-5.
In view of the resumed supply from the CTD mail sent for direction and Clarification regarding Local Procurement of 4 FDC(A) at State. Copy of Mail dated 22.04.2024 is annexed herewith and marked as Annexure A-6.
DO letter No. T-18018/17/2018-TB (EF - 3163181) dated 22.04.2024 regarding supply 2 FDC(A) in lieu of 3 FDC (A) and local procurement of Tab Ethambutol 100mg/400mg/800mg. It was communicated by the CTD, GOI that the procurement process of DSTB-IP(A) and DSTB CP (A) at National level has been completed. Purchase Orders/ LoAs have been issued to suppliers. The supply of DSTB- IP(A) drug has commenced and the supplies for DSTB CP (A)/3FDC will commence shortly. To address the delay in the supplies of DSTB-CP(A)/3FDC by the manufacturer, supplies of DSTB- 2FDC(A) which is a fixed dose combination of Isoniazid-75mg and Rifampicin 150mg have been arranged as an interim measure so that the treatment of the TB patients is continued. For utilizing the stock of DSTB-2FDC(A) in place of DSTB-CP(A), Tab Ethambutol - 100/400/800mg is required separately to be given to the patient as per weight band from the stocks available at the States/District or TUs. Further if required, ethambutol, local procurement for Ethambutol 100/400/800mg has also been approved by the Competent Authority. Communication sent to the CTD, GOI by the MD DSHM dated 23.04.204 regarding the short supply of DSTB- IP (A) and DSTB- CP (A) under Delhi State NTEP with the request to resume the supply/relocate the stated Anti TB Drugs from other states in the general interest of the TB patients.
To facilitate the Local procurement of Anti TB drugs by RBIPMT under KCC Chest Clinic, an Interim allocation of funds amounting to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 22:32:18 Rs 2,50,000 done under the relevant Budget Head i.e., NDCP.4 S No. 73 DSTB (Drugs and Supplies for DSTB) of NTEP on 26.04.2024. Copy of Mail dated 26.04.2024 is annexed herewith and marked as Annexure A-7.
Further supply of 3 FDC (A) resumed from CTD in small tranches. (Monthly Consumption 72000 strips) |
1. GMSD/MUM/2024/MAY/01 dated 01/05/2024-4800 strips of 3 FDC (A) - (Physically received on 09-05-2024) - Distributed from 9th May 2024.
2. GMSD/MUM/2024/ MAY/02 dated 03/05/2024 - 10080 strips of 3 FDC (A) (Physically received on 13-05-2024) - Distributed from 14th May 2024.
3. GMSD/MUM/2024/ MAY/06 dated 10/05/2024 - 10080 strips of 3 FDC (A) (Physically received on 14-05-2024) - Distributed from 14th May 2024.
4. CMSS/2024/MAY/06 dated 11/05/2024 10080 strips of 3 FDC (A)- (Physically received on 13-05-2024 However, lab test report received on 17-05-2024) - Distribution list shared on 20th May 2024.
5. GMSD/MUM/2024/MAY/12 dated 17/05/2024-21600 strips of 3 FDC (A) - (Not yet received)
6. CMSS/2024/May/14 dated 17/05/2024-31200 strips of 3 FDC (A) - (Received on 20-05-2024) - Distribution list shared on 20th May 2024.
Further supply of 2 FDC (A) from CTD.
GMSD/MUM/2024/APR/08 dated 25/04/2024-8640 strips (each containing 28 tabs) of 2FDC (A) - Physically received on 04-05-2024
- Distributed from 7th May 2024.
The stock position of RBIPMT & Kingsway Chest Centre as on date 14/05/2024:
1. 40800 tabs of 3 FDC (A) (Trac-3 Manufacturer: MacLeod company) was locally procured by RBIPMT on 26/04/2024 for an amount of Rs. 2.5 lacs.
2. 3 FDC (A) were issued to various wards of the hospital on weekly This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 22:32:18 basis the stock balance of 3 FDC (A) (Tab Trac 3) as on date was 37,266 tablets (approx. 1330 strips of 28 tabs) which is sufficient for a month.
3. TB patients of Kingsway Chest Centre were issued 3 FDC issued by State Drug Store in Limited quantity and rest were issued as Re- constituted version of 3 FDC re- constituted from the loose medicines (Cap Rifampicin, Tab Isoniazid, Tab Ethambutol) supplied by SDS NTEP-Delhi state time to time. The chest clinic had a 3 FDC/Re- constituted version of 3 FDC stock balance for about a week from the loose medicines (Cap Rifampicin, Tab Isoniazid, Tab Ethambutol) supplied by SDS NTEP-Delhi state time to time. The chest clinic had a 3 FDC/Re- constituted version of 3 FDC stock balance for about a week.
From the loose medicines (Cap Rifamicin, Tab Isoniazid, Tab Ethambutol) supplied by SDS NTEP - Delhi state time to time. The chest clinic had a 3 FDC/Re-constituted version of 3 FDC stock balance for about a week.
State Sockason 17.05.2024
Item Name UOM State SDS DDS TUS
Stock Sto ck Stock
2FDCCP(A)(R150, H75) Stripof2 3632 120 2089 1423
[DSTB- 2FDC(A)] 8 Tab
*2FDCCP(A)(R150, H75)- Tab 2750 0 0 2750
L [DSTB- 2FDC(A)-L]
3FDCCP(A)(H75,R150& Stripof2 11285 4550 5231 1504
E275) [DSTB-CP(A)] 8 Tab
*3FDCCP(A)(H75,R150&E Tab 2000 0 2000 0
275)-L [DSTB-CP(A)-L]
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 22:32:18 4FDC(A)(H75,R150,Z400 Stripof2 25190 2867 13537 8786 &E275) [DSTB-IPA] 8 Tab *2FDCCP(A)&3FDCCP(A) Through Local procurement at Chest Clinics.
12. That an inspection was also done by the Undersigned at Rajan Babu Institute for Pulmonary Medicine and Tuberculosis RBIPMT and Kingsway Chest Centre, Kingsway Camp on 14.05.2024. The following observations were made:
i. 40800 tabs of 3 FDC (A) (Trac-3 Manufacturer:
MacLeod company) was locally procured by RBIPMT on 26/04/2024 for an amount of Rs. 2.5 lacs.
ii. 3 FDC (A) were issued to various wards of the hospital on weekly basis the stock balance of 3 FDC (A) (Tab Trac 3) as on date was 37,266 tablets (approx. 1330 strips of 28 tabs) which is sufficient for a month. iii. TB patients of Kingsway Chest Centre were issued 1010 Strips (28,280 Tab) of 3 FDC (A) by State Drug Store in May 2024 and rest were Re-constituted version of 3 re-constituted by the Kingsway Chest Clinic from the loose medicines (Cap Rifampicin, Tab Isoniazid, Tab Ethambutol) supplied by SDS NTEP-Delhi State time to time. The chest clinic had a 3 FDC/Re-constituted version of 3 FDC stock balance for about two weeks.
Copy of the inspection report of the visit dated 14.05.2024 is annexed herewith and marked as Annexure A-8."
2. Learned counsel for MCD states that the ultrasound machine installed at Rajan Babu Institute of Pulmonary Medicine and Tuberculosis is fully functional.
3. She states that a CT Scan machine is not required at Rajan Babu Institute of Pulmonary Medicine and Tuberculosis as patients below poverty This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 22:32:18 line are referred to Hindu Rao Hospital for a scan free of cost. She also states that for other patients, if recommended, the scanning is done at the rate of Rs. 1500/- which is normally borne by an NGO.
4. Keeping in view the fact that the stock in hand of 4 FDC (A) drug is good for a month and for 3 FDC (A) drug is good for three weeks and rest of the supply is in the pipeline, the present petition is disposed of as satisfied.
ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MAY 21, 2024/hp This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/05/2024 at 22:32:18