Rajasthan High Court - Jodhpur
Rituraj Singh Rathore And Anr vs Principal Sec. Medi And Health And Ors on 16 May, 2022
Bench: Manindra Mohan Shrivastava, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
D.B. Civil Writ Petition No. 12718/2016
Rituraj Singh Rathore And Anr
----Petitioner
Versus
Principal Sec. Medi And Health And Ors
----Respondent
For Petitioner(s) : Mr. Rituraj Singh Rathore
For Respondent(s) : Mr. Mukesh Rajpurohit, ASG
Mr. Pankaj Sharma, AAG
HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order 16/05/2022 The scope of this PIL was detailed out by this Court in its order dated 20.02.2017, which is as below:-
"The petitioners, while relying upon the National Blood Policy, National Guidelines for HIV Testings and other other valuable research, have pointed out that the State of Rajasthan is not having effective blood authority strategic framework for developing a safe, reliable and efficient blood transfusion service. Beside that, there is no adequate structure for donations, quality of screening tests and methods, quality reagents and test kits, training for paramedical and other staff available at hospitals and laboratories.
As per the petitioners, the blood banks mainly are working in government, private and voluntary/charity sector, but in most of the blood banks advanced and latest technology is not used for transfusion of blood and i.e. causing several infectious diseases including human immunodeficiency virus (HIV), Hepatitis Viruses, Malaria, Syphilis, Lyme disease etc. It is brought into knowledge of the Court that for diagnosis of diseases and infectious antibody based screening tests are to be conducted and those are of different degrees. The tests applied i.e. the third generation of ELISA detects virus induced antibodies, but not the virus itself, whereas, NAT/NAAT test and ELISA fourth generation test detects both antigens and antibodies.(Downloaded on 17/05/2022 at 08:50:23 PM)
(2 of 3) [CW-12718/2016] The window period or seroconversion window i.e. the time taken to detect infection in the blood is varies in different screening tests, but at least for about ten days no test can detect the HIV infections.
In ELISA first and second generation antibodies are detectable only between span of 28-48 days, whereas, the virus can be detected by RNA-PCR method or NAT approximately after the 10 th day. The ELISA third generation detect antibodies th rd approximately between 20 to 23 day. According to the petitioners, as per advanced research, the NAT is more effective vis-a-vis to ELISA and is also effective in reducing the risk of the transfusion transmissible infections (T.T.Is.)."
The reply was also filed by the State Authorities with regard to the queries raised by this Court. Status report has also been submitted by the State.
After going through the first order and the orders passed from time to time since last four years, we find from the submissions made by learned counsel for the parties that the only issue, which now remains to be addressed is whether nucleic acid amplification test-the most advance technology is being operationalised in all other Divisional Head-quarters (except Jaipur, Udaipur and Jodhpur) or not and whether this facility is restricted only for certain types of diseases.
This petition thus shall survive only to the extent whether aforesaid short falls are remaining despite the directions issued by this Court.
Learned State counsel submits that at present the testing facility as stated above has been made only at divisional head quarters and according to learned AAG, this would cater the need of the entire State.
Learned counsel for the petitioner would submit that the facility has been provided only at three divisional head-quarters, whereas this facility ought to be provided in all the divisional (Downloaded on 17/05/2022 at 08:50:23 PM) (3 of 3) [CW-12718/2016] head-quarters. In addition, it is also submitted that the modern testing facility, which has been extended only in the matter of blood test submitting from Sickle Cell Anemia and Thalassemia, is required to be extended for other patients for blood test in all other diseases. According to him, for all kind of diseases at divisional level in the State of Rajasthan, this facility is required to be provided.
Having considered the submissions of learned counsel for the parties, we find that now the issue which is required to be addressed is confined to the availability of facility of blood test and transfusion facility in respect of all the diseases in the divisional head quarters of the State.
List this case in second week of July, 2022 for detailed arguments on this aspect.
(MADAN GOPAL VYAS),J (MANINDRA MOHAN SHRIVASTAVA),ACJ 27-Bharti/-
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