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Calcutta High Court (Appellete Side)

Bengal Network Of People Living With ... vs Union Of India & Ors on 26 June, 2013

                                                    1


26.06.2013
 ad & sd
 Sl. No.25
                                         W.P 21606(W) of 2007

                             Bengal Network of People living with HIV/AIDS
                                                  Vs.
                                        Union of India & Ors.


             Mr. Debasish Banerjee
                                         .........      For the petitioner

             Mr. Bikash Kumar Mukherjee
                                               ......... For the State


                       Petition has been filed by way of public interest litigation for the

             Welfare of HIV patients. Prayer has also been made to direct the respondents

to create infrastructure in these public health institutions including trained manpower of doctors and paramedics to handle the machine in a proper manner. Prayer has also been made to issue a writ, order of direction in the nature of a writ or mandamus or any other appropriate writ, directing the respondents to provide for at least one ART centre equipped with at least one CD-4 count testing machine in each of the 19 districts of the State of West Bengal. Prayer has also been made to direct the respondents to create infrastructure in these public health institutions including trained manpower of doctors and paramedics to handle the machine in a proper manner. Prayer has also been made to direct the respondents to set up a review Committee to look into the proper functioning of the CD-4 machines.

It is stated by the learned Counsel appearing on behalf of the State that certain improvements have been made after 2007 and for consideration 2 of further facilities the State may be asked to look into the matter. Prayer made at Bar is reasonable.

The learned Counsel appearing on behalf of the petitioner has also prayed for constitution of a High Level Committee and to examine the requirement objectively.

Let Secretary, Department of Health as well as Director of Health, State of West Bengal meet together and examine the matter what best can be done and further facilities, if required, may also consider. Let the same be done objectively within a period of four months.

Accordingly, the writ petition is disposed of.

(Joymalya Bagchi, J.) (Arun Mishra, Chief Justice)