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Rajasthan High Court - Jodhpur

Rituraj Singh Rathore And Anr vs Principal Sec. Medi And Health And Ors on 28 September, 2022

Bench: Sandeep Mehta, Kuldeep Mathur

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 D.B. Civil Writ Petition No. 12718/2016

1.      Rituraj Singh Rathore S/o Sawai Singh Rathore, 371, New
        Bjs Colony, Jodhpur, Rajasthan
2.      Suraj Chauhan D/o Gopal Singh, H.no- 40, Zsb, Bjs
        Colony, Jodhpur, Rajasthan
                                                                    ----Petitioners
                                     Versus
1.      Principal Secretary, Medical                And Health       And Family
        Welfare Department, Rajasthan, Jaipur
2.      Drugs Controller General Of India, New Delhi
3.      Secretary And Director General, National Aids Control
        Organisation, New Delhi
4.      Project Director, Rajasthan State Aids Control Society,
        Jaipur
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Rituraj Singh, petitioner present in
                                 person
For Respondent(s)          :     Mr. Mukesh Rajpurohit, DSG
                                 Mr. Pankaj Sharma, AAG



           HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE KULDEEP MATHUR Order 28/09/2022 We have heard petitioner Rituraj Singh, present in person, Mr. Mukesh Rajpurohit, learned DSG, and Mr. Pankaj Sharma, learned AAG, in reference to the issues raised in this writ petition and the report of the expert committee submitted on 11.11.2021.

Mr. Pankaj Sharma, learned AAG, submits that the requisite testing facilities are available at all district headquarters. (Downloaded on 28/09/2022 at 11:49:39 PM)

(2 of 2) [CW-12718/2016] He further submits that the committee itself has concluded in its report that NAT is not mandatory in every blood bank. He further pointed out that presently, facility of blood analysis through NAT is available at two centers in the State of Rajasthahn. ELISA IV Generation test which is acceptable universally, is comprehensive and acceptable all over the world and the State has approved the usage of this test in all the blood banks. This court is apprised that proper manpower in terms of the committee's report is not available in all blood banks across the State of Rajasthan and thus, the sensitive equipments are not being put to proper use.

In view of the statement so made, we hereby direct the Medical and Health Department, Government of Rajasthan to ensure that proper medical and technical staff, wherever required, is selected and appointed in the blood banks across the State of Rajasthan at the earliest and as far as possible within next six months. The ELISA IV test kits shall henceforth be used uniformly in all blood banks/centers.

With the above directions, proceedings of this writ petition (public interest litigation) are disposed of.

                                   (KULDEEP MATHUR),J                                        (SANDEEP MEHTA),J


                                    10-Pramod/-




                                                          (Downloaded on 28/09/2022 at 11:49:39 PM)




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