Delhi High Court - Orders
Social Jurist, A Civil Rights Group vs Rajan Babu Institute Of Pulmonary ... on 3 May, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
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* 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, Advocate with
Ms.Ashna Khan, Advocate.
versus
RAJAN BABU INSTITUTE OF PULMONARY MEDICINE AND
TUBERCULOSIS AND OTHERS ..... Respondents
Through: Mr. Vaibhav Gaggar, Senior Panel
Counsel with Mr. Vedansh Anand,
Govt. Pleader, Ms. Shefali Munde,
Mr. Ashit Kapoor, Mr. Utkarsh
Tiwari and Mr. Mritjunjay Mahendra,
Advocates for R-5
Mr. Satyakam, ASC, GNCTD
Ms. Shivangi Kumar Advocate for R-
1 and R-2 along with the
representatives of the Hospital - Dr.
Mohan Singh, Medical Officer
Mrs. Avnish Ahlawat, Advocate with
Ms.Tania Ahlawat Mr. N.K Singh,
Ms. Laavanya Kaushik, Ms. Aliza
Alam and Mr. Mohnish Sehrawat,
Advocates GNCTD.
Sh.Danish Ashraf, Mission Director,
Delhi State Health Mission (through
VC).
Dr.Ngilang Taley, CMO (SAG)
(through VC).
Mr. KK Tripathy and Mr. RP Joshi
(through VC), DTO
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 07/05/2024 at 01:34:29
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 03.05.2024
1. Learned counsel for the MCD states that the Ultrasound machine has been delivered at the hospital and will be functional by 6th May, 2024.
2. Mr.Ashok Agarwal, learned counsel for the Petitioner, prays that a CT Scan machine be also installed in the hospital as it is a fifteen hundred bedded hospital. Learned counsel for the MCD is directed to examine the said request and revert back on the next date of hearing.
3. Learned counsel for the Union of India has handed over an affidavit dated 3rd May, 2024 on behalf of Under Secretary, Ministry of Health and Family Welfare, Union of India. The relevant portion of the said affidavit reads as under:-
"10. the Answering Respondent has taken the following pro-active measures expedite the supply of Anti TB drugs to ensure that the patient care at the ground level is not affected:
i. Emergency procurement of 4 months requirement of 4 FDC (A) and 3 FDC (A) through CMSS in Feb 2024;
ii. Procurement of 3 months requirement of 4 FDC (A) and 3 FDC (A) through Global Drug Facility (GDF) by utilizing the fund available under the Global Fund Grant in Feb 2024. True copies of invoices raised for purchase of Anti TB drugs has been annexed herewith and marked as ANNEXURE - 3 (COLLY);
iii. Arrangement for one month requirement in March 2024 for 2DFC(A) instead of 3FDC(A) as supplies were getting delayed, that could be quickly mobilized and it has already been released to the UT. True Copies of various Purchase Orders placed by the CMSS for procurement of 4FDC (A) and 3 FDC (A) have been annexed herewith and marked as ANNEXURE - 4 (COLLY);
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 07/05/2024 at 01:34:29 iv. Health being a state subject, States/UTs were permitted, vide letter dated 02nd February 2024 and 18.03.2024, to locally procure 4 FDC(A) and 3 FDC (A), to meet the requirement for next three months by utilizing the funds available under National Health Mission (NHM) as stated in preceding paragraphs.
xxx xxx xxx
13. That so far as Delhi is concerned, it is submitted that as on 01.05.2024, the data with respect to the stock of the 4 FDC (A) and 3 FDC (A) drugs available in Delhi, and as supplied by the Centre to Delhi is reproduced herein below:
Drug Unit of Stocks available at Release Order Name Measure Delhi (strips) issued from April 2024 to till date (strips) 4 FDC (A) 28 Tabs in 21614 25080 one strip 3 FDC (A) 28 Tabs in 5518 8640 (2FDC (A))+ one strip 4800 (3FDC (A) Additionally, the Answering Respondent is in the process of supplying the said drugs to Delhi, on a regular basis depending on the demand and supply situation"
4. Dr.Ngilang Taley, CMO (SAG), who is appeared virtually, states that Rajan Babu Institute of Pulmonary Medicine and Tuberculosis is administering reconstituted 3FDC medicines to patients. He further states that he has reserves for eight to ten days.
5. Sh.Danish Ashraf, Director, Delhi State Health Mission, who has also joined virtually, states that he has no stock-in-hand with him as he has distributed the entire stock received from the Union of India to the districts.
6. Learned counsel for the Union of India states that further supply of 8,640 [2FDC(A)] as well as 4,800 [3FDC(A)] shall be received by the GNCTD by 8th 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 07/05/2024 at 01:34:29
7. The Union of India and the Mission Director, Delhi State Health Mission are directed to file fresh affidavits indicating availability of 4FDCA and 3FDCA in Delhi after two weeks.
8. List on 21st May, 2024.
ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MAY 3, 2024/TS 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 07/05/2024 at 01:34:29