Gujarat High Court
Suo Motu vs State Of Gujarat on 27 April, 2021
Author: Vikram Nath
Bench: Vikram Nath, Bhargav D. Karia
C/WPPIL/53/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 53 of 2021
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2021
In R/WRIT PETITION (PIL) NO. 53 of 2021
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2021
In R/WRIT PETITION (PIL) NO. 53 of 2021
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 3 of 2021
In R/WRIT PETITION (PIL) NO. 53 of 2021
With
CIVIL APPLICATION (FOR DIRECTION) NO. 4 of 2021
In R/WRIT PETITION (PIL) NO. 53 of 2021
With
CIVIL APPLICATION (FOR DIRECTION) NO. 5 of 2021
In R/WRIT PETITION (PIL) NO. 53 of 2021
With
CIVIL APPLICATION (DIRECTION) NO. 6 of 2021
In R/WRIT PETITION (PIL) NO. 53 of 2021
==========================================================
SUO MOTU
Versus
STATE OF GUJARAT
==========================================================
Appearance:
SUO MOTU(25) for the Applicant(s) No. 1
for the Opponent(s) No. 2,3,4
MR KAMAL TRIVEDI, ADVOCATE GENERAL WITH MS MANISHA
LAVKUMAR, GOVERNMENT PLEADER ASSISTED BY MR DHARMESH
DEVNANI, AGP (1) for the Opponent(s) No. 1
MR DEVANG VYAS, ADDL. SOLICITOR GENERAL OF INDIA
MR PERCY KAVINA,SENIOR ADVOCATE WITH MR RASESH PARIKH for the
Applicant in Civil Application No.2 of 2021
MR AJ YAGNIK, ADVOCATE for Applicant in Civil Application No.1 of 2021
MR AUM KOTWAL, ADVOCATE for Applicant in Civil Application No.3 of 2021
MR SHALIN MEHTA, SENIOR ADVOCATE WITH MR PRANJAL BUCH,
ADVOCATE for Applicant in Civil Application No.4 of 2021
MR AMIT PANCHAL, ADVOCATE for Applicant in Civil Application No.5 of 2021
==========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
VIKRAM NATH
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 27/04/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH) Page 1 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER 1 In the order dated 20.04.2021, after hearing the learned counsels, the Court flagged certain issues to be responded by the State and had further issued certain directions. On 25.04.2021 evening, we received response from Shri Rasesh Parikh, learned counsel representing the Gujarat High Court Advocates' Association highlighting the concerns which were compiled in consultation with the other lawyers interested in the matter. Further, on 26.04.2021 evening, this Court received an affidavit-in-reply on behalf of the respondent State duly sworn by the Principal Secretary, Department of Health and Family Welfare.
2 In order to cover a larger perspective of the issues through learned counsels appearing, we modify the embargo imposed vide paragraph 6 in the order dated 15.04.2021 and permit all the learned counsels present to make their respective submissions.
3 We have heard Shri Kamal Trivedi, learned Page 2 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER Advocate General along with Ms.Manisha Lavkumar,
learned Government Pleader assisted by Shri Dharmesh Devnani, learned Assistant Government Pleader on behalf of the State, Shri Percy Kavina, learned Senior Advocate assisted by Shri Rasesh Parikh, learned counsel representing the Gujarat High Court Advocates' Association in Civil Application No.2 of 2021, Shri Shalin Mehta, learned Senior Counsel assisted by Shri Pranjal Buch, learned counsel appearing in Civil Application No.4 of 2021, Shri Amit Panchal, party-in-person, appearing in Civil Application No.5 of 2021, Shri Anand Yagnik, learned counsel appearing for the applicant in Civil Application No.1 of 2021, Shri Aum Kotwal, learned counsel appearing for the applicant in Civil Application No.3 of 2021. 4 The main issues flagged by us and which require serious consideration by the State and its agencies are:
[i] Testing - RTPCR (time required / labs); [ii] Procurement and modalities and policy for distribution of Remdesivir injection and other Page 3 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER essential medicines;
[iii] Procurement and allocation of oxygen; [iv] The modalities or the policy regarding the manner in which 108 Ambulance was being pressed into service; and [v] Augmentation of further infrastructure to take care of public health in the future considering the prediction of further upsurge of patients infected with Corona Virus.
5 Before we proceed to comment on the contents of the affidavit-in-reply, we may record the submissions advanced by the learned counsels appearing for the parties other than the State.
6 Shri Percy Kavina, learned Senior Counsel appearing for the Gujarat High Court Advocates' Association made following submissions:
Page 4 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021
C/WPPIL/53/2021 ORDER
[a] Non-availability of Remdesivir injection continues
with the black-marketeers and hoarders
exploiting the sale of said injection at enormous prices.
[b] Non-supply of the required number of injections by the authorized Government hospitals to other designated and private hospitals as per their demand.
[c] Non-availability of oxygen referring to recently set up 900 bedded hospital at GMDC ground, Ahmedabad with the support of the Defence Research and Development Organization, being completely non-functional due to non-availability of oxygen.
[d] Organization by the name of Banas Dairy has set up an oxygen plant within 72 hours which can cater medical oxygen to 35 to 40 patients a day. According to him, if a private organization can do it, why cannot the Government set up such plant Page 5 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER and why the Government has not done it so far. [e] Intervention of the Court is required to ascertain from the Government of Gujarat as also the Union Government with regard to the policy of distribution of oxygen as the same is said to have been taken over by the Union Government. [f] The RTPCR testing facilities which were to be started by the 26 universities, a request for which was made by the Government as mentioned in the previous affidavit, there is no response by the State in the present affidavit-in-reply. [g] The new machines which the State had mentioned in the previous affidavit were to be installed within 7 days, also there is no further progress reported by the State in the present affidavit.
[h] Time of four to five days is still being taken in getting RTPCR report from the time a request is Page 6 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER made.
[i] The price for getting an RTPCR test carried out is still high in Gujarat i.e. Rs.700-900 whereas in neighbouring State of Maharashtra, it is Rs.300-
500. [j] Appropriate directions be issued to the State reducing the charges for the RTPCR test. [k] Despite order dated 20.04.2021, no response has been placed by the State regarding the various issues relating to 108 Ambulance.
[l] Patients coming in private vehicles are not being admitted nor attended to by the Government hospitals, Corporation hospitals and the Designated hospitals. The insistence still continues that every patient of Covid must come by 108 Ambulance.
[m] The time taken by the 108 Ambulance in Page 7 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER
responding, attending and reaching the patient to a hospital is still 12 to 14 hours.
[n] Hardships in getting the patient admitted largely continues as there is no transparency in the admission process.
[o] Data is not being provided to the public regarding availability of beds in a particular hospital. The dash-board continues to contain inaccurate and incorrect information.
[p] There is an unwritten arrangement under which beds have been reserved for VVIPs and those beds are kept vacant whereas critical patients are languishing and losing their lives. The submission is that the facility of reserving beds for VVIPs and not providing the same to the critical patients in need is completely unacceptable in the present times and it militates against the democratic nature of the distribution of public resources in the time of crisis. Page 8 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021
C/WPPIL/53/2021 ORDER Appropriate directions be issued to the State to provide the correct and complete information on the above issues.
[q] The issue regarding incorrect data regarding number of deaths has also been addressed by Shri Kavina, but we are not taking up the said issue as the present crisis requires our focus and also the focus of the Government and the society at large to save lives.
[r] There is no effort on the part of the State to provide basic amenities of testing, essential medicines and other infrastructure in the rural sector as also the tribal sector which aspect the Court has already flagged in the earlier orders. [s] Insofar as the issue of lock-down is concerned, areas can be graded as per spread of infection and restrictions can be imposed accordingly. Various countries have gone for zoning of areas based on level of infection and accordingly Page 9 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER applied restrictions on the movement of citizens on the basis of threat of infection rather than blanket lock-down on the entire State or a district. A pin-pointed set of restrictions, tailor- made for different levels of concentration of cases is a tried and tested way to break the chain. [t] Referring to illness and medical conditions of public at large not related to Covid the same should not be abandoned by hospitals and doctors but the health centers must ensure that the task of managing pregnancies, deliveries and other related treatments and also other non- Covid patients requiring hospitalization or medical care and treatment should be made available.
[u] The opinion and final word in framing of policies on public health should be of the experts i.e. the doctors in specific fields rather than bureaucrats having no medical knowledge framing such policies.
Page 10 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021
C/WPPIL/53/2021 ORDER
[v] The inauguration functions of newly set up
medical facilities was not necessary. We are not inclined to deal with this issue as what has happened has happened. Care is to be taken for the present and future. This is not the time for fault finding as it is not going to help save lives.
[w] Emphasis was laid on the vaccination drive and it
is suggested that there should be more
vaccination centers and all those who have received the first dose of vaccination should be immediately provided the second dose upon completion of the minimum time gap.
7 Shri Shalin Mehta, learned Senior Counsel referring to Civil Application No.4 of 2021 has laid focus on procurement of oxygen and what steps the Government can take to augment oxygen within the State. 7.1 He has referred to the demand and allocation i.e. the demand made by the State of Gujarat and other States Page 11 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER to the Center and the allocation made by the Center. Attention of the Court was drawn to a chart filed at page 81 onwards which is a part of a communication from the Secretary, Department of Health and Family Welfare, Government of India dated 15.04.2021. The Central Government after taking into consideration the total manufacturing capacity of the nation, the demand raised by all the States, has made allocations to each of states on a daily basis. The chart annexed is from 20.04.2021 till 30.04.2021. The chart of 30.04.2021 shows that the demand raised by the Government of Gujarat is of 1200 MT whereas the allocation by the Center is only of 900 MT i.e. less 25% of the demand.
7.2 Shri Mehta has drawn our attention with respect to establishment, functionality and installation of PSA plants i.e. Pressure Swing Absorption Plants. According to him, the Central Government has sanctioned 162 such PSA plants all over the country out of which 8 are sanctioned for the State of Gujarat. Out of these 162 plants, 33 are functional in the country and 59 would become functional Page 12 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER by the end of April, 2021 and another 80 PSA plants would become functional by the end of May, 2021. 7.3 Shri Mehta also takes responsibility of making a statement after having obtained due expert's advise that a PSA plant requires maximum of 2 weeks to be installed. The State must make an earnest endeavour to forthwith set up the PSA plants.
7.4 Shri Mehta has also referred to a Notification issued by the Municipal Corporation of Vadodara that all oxygen filling stations and associate departments be active round the clock for filling of oxygen in all Government and private hospitals. He submitted that similar Notification should be issued for the entire State of Gujarat for all districts and Corporations in the State. 8 Shri Amit Panchal, Advocate appearing in person in Civil Application No.5 of 2021 has prayed that the respondent authorities be directed that the insistence by the hospitals of admitting Covid-19 patients only through 108 Ambulance and 104 registration should be quashed and Page 13 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER directions be issued that patients coming through their own or other private vehicles should also be admitted. Shri Panchal has also drawn our attention to an earlier order passed by this Court on 22.04.2020 and has placed reliance upon paragraphs 54 to 59 thereof.
9 Shri Anand Yagjik, learned counsel appearing in Civil Application No.1 of 2021 made the following submissions :
[i] The reservation of 20% beds as Government / Corporation quota should be increased to 50% as was done in the first phase of the Covid-19 in 2020.
[ii] The insistence for Aadhar Card being compulsory for admission causes hindrance in the treatment of patients and admission to hospitals. As such Aadhar Card should not be made mandatory for treatment or for admission in a Covid facility. [iii] The insistence of the Municipal Corporation in admitting patients of residents of Ahmedabad city Page 14 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER only in its 4 hospitals, namely, SVP hospital, VS hospital, Shardaben Hospital and LG hospital is impermissible in law. The Corporation cannot deny admission to a patient coming from neighbouring districts which have limited medical infrastructure.
[iv] The private hospitals are not extending the benefit of MA Vatsalya and Aayushman Bharat schemes of the Government of Gujarat and as such the State be directed to get the same ensured.
[v] Lastly, the VS Hospital which had a capacity of 1500 beds is presently being run only upto 150 beds whereas rest of the infrastructure available there, is not being utilized by the State and rather than focusing on increasing the capacity of VS hospital to 1500, other temporary structures are being set up. He thus prayed that appropriate directions be issued to the State to forthwith increase the capacity of VS hospital. Page 15 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021
C/WPPIL/53/2021 ORDER 10 Shri Aum Kotwal, learned counsel appearing in
Civil Application No.3 of 2021 has submitted that the said application has been filed for appropriate directions to the Ahmedabad Municipal Corporation of the State Government to forthwith withdraw the Press Note dated 05.04.2021 issued by the Ahmedabad Municipal Corporation and to immediately follow the Notification of the State Government dated 27.03.2021 which requires that the persons who enter in Gujarat must have undergone RTPCR test and carry a negative report taken during the last 72 hours and that screening will be mandatory for people entering Gujarat from anywhere. According to him, contrary to the said Notification of the State, the Corporation has diluted the effect by providing that residents of Ahmedabad City who have visited other States for their work are not required to undergo RTPCR test on their return to Ahmedabad City. He submitted that the Press Note of the Corporation is not only contrary to the decisions of the Government, but is also hazardous to the residents of the State and defeats the very purpose of a nation wide policy in all the States of Page 16 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER restraining entry of people not containing an RTPCR negative report.
11 Mr. Kamal Trivedi, learned Advocate General referred to the contents of the affidavit in reply on the various aspects mentioned therein. He further made submissions in response to the various submissions advanced by learned counsels. The same are dealt with hereunder while dealing with each of the major issues highlighted in the previous orders passed by the Court. The same are dealt with one by one:
12 [A] RTPCR Testing [1] The number of laboratories, which were earlier indicated in the earlier affidavit remains the same in the current affidavit in reply. However, during the course of arguments, Ms. Manisha Lavkumar, learned Government Pleader pointed out that while the hearing was going on, she has received instructions that 28 RTPCR machines, out of Page 17 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER 40 new orders, have reached the consignees and would be shortly installed and made functional. Further 10 machines have been dispatched today. Further 6 new orders have been placed. She also stated that in some more districts RTPCR machines have been made functional. She further stated that all these details and the time required for installation of the above newly ordered RTPCR machines would be placed on record by the next date.
[2] We find that there no response in the affidavit with regard to 26 universities referred in the previous affidavit, to whom request has been made to use the laboratories for RTPCR testing. The status of the same may be incorporated in the next affidavit to be filed by the State. [3] The number of tests conducted per day as has been indicated in the affidavit appears to be increased drastically, but no justification has been given as to how these numbers have been increased when the laboratories are not increased nor new machines have been installed. It is also stated in para 5.6 of the affidavit in reply that the price of testing has been reduced to Rs.700 where sample is Page 18 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER given at the laboratories and Rs.900 for samples collected at home. The affidavit has not mentioned anywhere as to how much time is being taken in getting the report of RTPCR testing. Let the same be incorporated in the next affidavit in reply that may be filed by the State.
[B] 108 Ambulance service [1] In para 6.1 of the affidavit in reply, it is stated that all the Government Civil Hospitals such as U.N.Mehta Hospital, Manjushree, Civil Hospital, Sola, IKDRC and GCRI patients coming in private vehicles in addition to 108 Ambulances are also being admitted irrespective of whether a patient had antigen test report or RTPCR report and treatment is meted out to every patient. Same para further mentions that 108 Ambulance service is the only modality through which a patient gets admission in Ahmedabad Municipal Corporation hospitals and Government quota in 162 designated private hospitals.
[2] We fail to understand as to why the State has not issued directions to the Corporation, which is an agency of Page 19 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER the State only, constituted and established under a State Act viz. The Gujarat Provincial Municipal Corporations Act, 1949 and would be within the control and supervision of the State as provided in Chapter XXVIII thereof. The Corporation cannot ignore the directions of the State. Why the State is not exercising its authority. There is no answer and why should the Corporation have a different policy than the State is also not understood nor the same is amenable to any reasonable justification.
[3] There are numerous unfortunate incidents reported and narrated by learned counsels to the effect that patients who had come to hospitals in their own vehicles were not attended to, forget their admission and many of them lost their lives waiting outside and begging for treatment.
[4] On one hand, there is a shortage of 108 Ambulances, which are not in a position to immediately respond to a call. It is admitted by the State that 108 Ambulance takes more than 4 hours in the city of Ahmedabad from the time it receives a call till the time the Page 20 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER patient is reached to the hospital. So in such circumstances of delay in the 108 Ambulance reaching the patient for picking up, if the attendants and patients reach the hospital in privately arranged vehicles, there can be no justification for not treating such patients and not admitting them if beds are available.
[5] In para 6.4 it has been stated that the State has ordered addition of 150 ambulances to the existing fleet of 108 Ambulances. 50 ambulances would be arriving in the next 3 days. This clearly means that the State or the Corporation were aware that there is shortage of 108 Ambulances and if that was so, then what justification can be there if the patients reach the hospital in their privately arranged vehicles.
[6] We accordingly direct that all the Government, Corporation, designated and private hospitals to attend all patients reaching them. Patients cannot be left unattended, however, admission of hospital would of course be subject to availability of beds, but then a preliminary needed treatment should be given and thereafter the parties may be Page 21 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER advised further course of action.
[7] In the previous hearings, it had been pointed out that 108 Ambulances are not picking up patients from any other hospital or nursing home or any other facility except the residence. There is no response of the State to that. [8] We may also record here that 108 Ambulance facility is a scheme of the State Government and not of the Corporation, and therefore, whatever guidelines or policy of use of 108 Ambulances is to be formulated by the State, the Corporation would be bound to follow it. [9] In the earlier hearings, it was pointed out by Mr. Trivedi, learned Advocate General that the triage is created, which means that all the patients reaching the facility are immediately checked and duly attended by medical team and depending upon the condition of each of the patient they are advised further course of action, which would include admission to different hospitals depending upon the availability of beds, advise home care or after giving primary treatment send back with instructions to be followed at Page 22 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER home along with medication. Such triage sorts out the number of issues. However, in the affidavit filed today, we do not find any such details of the triage being set up at different Government and Corporation hospitals and as a result of which long queues of 108 Ambulances and may be other private vehicles in Government hospitals still exist causing further misery to those inside the ambulance and those, who are waiting for the ambulances. It would thus be appropriate that necessary directions are issued by the State and Corporation to all its hospitals and also to designated hospitals that triages are established where medical team immediately attends to the patients reaching such facilities and thereafter they are accordingly disbursed to their respective places for follow up of further course of treatment.
[10] We call upon the State and Corporation, both to answer the above state of affairs. State on the one hand not exercising its powers and Corporation on the other hand continuing with its own policy contrary to that of the State. Page 23 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021
C/WPPIL/53/2021 ORDER [C] Supply of Remdesivir [1] Para 7 and its sub-paras deal with the availability, allocation and the distribution policy of
Remdesivir. The allocation of Remdesivir apparently has now been taken over by the Central Government as stated in the above referred paragraphs of the affidavit in reply. However, the distribution within the State is still to be carried out and formulated by the State. We had required the State to frame a policy of distribution. The affidavit contains the policy, according to which, allocation is being made to all hospitals including private hospitals. [2] We can understand that with the limited resources or the limited number of Remdesivir injections available with the State as per the allocation, distribution is to be made, but such distribution should be through uniform State-wide policy with transparency to ensure that the most critical and needy patients get it first rather than it being distributed on the basis of priority to Government hospitals or Corporation hospitals and then to designated hospitals and thereafter to private hospitals. Such Page 24 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER information is lacking in the affidavit. Let the same be incorporated in the affidavit in reply that may be filed by the State.
[D] Supply of Oxygen [1] The allocation of Oxygen is being made by the Central Government, as already observed above while recording the submissions of Mr. Shalin Mehta. We have nothing to comment as the same is being monitored by the Central Government. We find that the Chief Secretary of the State has already sent a request to the Central Government for allocation of more Oxygen considering its requirement. However, the State must speed up and find out other alternatives for manufacture of Oxygen for medical use. The PSA plants which are not functional to be made functional at the earliest. Other options provided by Mr. Mehta are also to be explored and as much as possible Oxygen should be made available within the State in addition to the Central allocation so that there is no shortfall and Oxygen is available in sufficient quantity. As and when there is surplus, the same could be diverted for industrial use, Page 25 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER which has since been stopped. State may respond to the suggestions given by Mr. Shalin Mehta. Further, the Central Government may also respond with regard to 8 more PSA plants request of the State.
[2] The allocation of Oxygen is now being done by the Central Government, as recorded above. However, its distribution within the State is to be carried out by the State Government. Earlier we were informed that some State Coordinator has been appointed and he would be carrying out an exercise after collecting complete data of requirement of different districts and different hospitals and accordingly allocation of Oxygen would be made. Let the State place on record in its next affidavit as to the allocated Oxygen to the State is being distributed within the State. [E] Physical infrastructure [1] In para 9 and its sub-paras of the affidavit in reply, the figures of available beds in the State are provided, according to which as on 23.04.2021, 91,924 beds are available for Covid-19 patients in 1867 institutes across the Page 26 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER State. It appears that from 18.04.2021 to 23.04.2021, about 1200 beds have been added. It also mentions about the setting up of temporary hospitals at GMDC Ground, Ahmedabad and Helipad, Gandhinagar, which will bring a lot of respite to the prevailing conditions. Such respite will only be when the facilities become fully functional. [2] The suggestion of Mr. Yagnik for increase of beds appears to be justified in the present scenario as the number of cases has shot up many times upwards from the first phase. We require the State to consider this aspect seriously when in the previous round of the first phase 50% beds had been allocated in designated hospitals as Government quota, then why only 20% this time. [3] Para 9.5 further mentions that an effort is being made to engage students of medical and para-medical courses. Further engagement of medical practitioners is being made. The Collectors and Municipal Commissioners were authorized to fill up the posts. The State has issued an order for joining of 1242 doctors under bond to immediately join duty.
Page 27 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021
C/WPPIL/53/2021 ORDER [4] Let all such exercise as recorded above be taken
up on a war footing at breakneck speed. There should be no delay on the part of the State. Any one found violating and not complying with the directions of the State should be adequately dealt with in accordance to law. [F] Display of data [1] In the previous orders, we had pointed out that data of availability of beds should be displayed on real time basis so that there is no harassment to the patients from running from one hospital to another. We do not find any such response from the State in the present affidavit regarding the same and as such the harassment to the patients and attendants still continue. If this information is made available of all the hospitals, which include the Government, Corporation, Designated and private hospitals, it would become much more transparent and easier for the patients and their attendants. When the patients and the attendants are already in a state of crisis struggling for survival, the Government and the Corporation instead of Page 28 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER helping them create further complications by not giving accurate data, then nothing can be more worse. [G] Breaking the chain [1] In our previous proceedings as also orders we had requested the State to find out modalities as to how the chain is to be broken so that the rise in the Covid cases may stabilize and thereafter start reducing. Today also, Mr. Percy Kavina, learned Senior Advocate has made some suggestions regarding this aspect. Further Mr. Shalin Mehta, learned Senior Advocate has also given some suggestions, although they are to be extreme of placing a lock-down, but of course the same would be considered area-wise, as suggested by Mr. Kavina. We accordingly require the State to give a serious thought to the suggestions made by Mr. Percy Kavina and Mr. Shalin Mehta.
13 The submission of Mr. Aum Kotwal, learned counsel regarding the press note dated 05.04.2021 issued by the Corporation although it mentions that it has been Page 29 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021 C/WPPIL/53/2021 ORDER done with the prior approval of the State, in our considered opinion, it is contrary to the Government Notification dated 27.03.2021 and as such the same cannot stand. The State must ensure that the Corporation forthwith withdraws the said press note dated 05.04.2021 and ensure that the Government Notification dated 27.03.2021 is strictly followed in letter and spirit. Accordingly, Civil Application No.3 of 2021 stands disposed off.
14 Let the present matter be listed again on 04.05.2021. To be taken up at 11.00 a.m. by this Bench. 15 An affidavit in reply may be filed by the State on or before the evening of 03.05.2021 with the latest updated information and the progress made by the State. The next affidavit in reply of the State will also take into consideration the various suggestions given by the learned counsels appearing in the matter in addition to the observations and directions given by the Court. We make it clear that we want the details of the entire State of Gujarat and the status of every district rather than focusing only on Ahmedabad. This was clarified in the earlier orders also. Page 30 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021
C/WPPIL/53/2021 ORDER However, we reiterate the same here. 16 Shri Devang Vyas, learned ASG may also file a
status report on the various issues discussed today which may have a bearing with the Central Government. The said report may also be filed within the same time as allowed to the State.
(VIKRAM NATH, CJ) (BHARGAV D. KARIA, J) GAURAV J THAKER/P.SUBRAHMANYAM Page 31 of 31 Downloaded on : Thu Apr 29 21:13:10 IST 2021