Patna High Court - Orders
Rohit Kumar vs The State Of Bihar And Ors on 17 April, 2021
Bench: Chakradhari Sharan Singh, Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.353 of 2021
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Shivani Kaushik
... ... Petitioner/s
Versus
Union of India
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 17398 of 2018
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Rohit Kumar
... ... Petitioner/s
Versus
The State of Bihar and Ors.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9639 of 2021
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Gaurav Kumar Singh
... ... Petitioner/s
Versus
The Union of India
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 353 of 2021)
For the Petitioner/s : Mr.Shivani Kaushik ( In Person)
Mr. Mrigank Mauli
For the UOI : Mr.Dr.K.N.Singh (ASG)
For the State : Mr. Anjani Kumar, AAG-4
For Respondent No. 5 : Mrs. Binita Singh
For Respondent No. 6 : Mr. Shivender Kishore, Sr. Adv.
For PMC : Mr. Prasoon Sinha
For DMCH : Mr. Bindhyachal Rai
For GMC : Mr. Rabindra Kr. Priyadarshi
(In Civil Writ Jurisdiction Case No. 17398 of 2018)
For the Petitioner/s : Mr.Manish Kumar No 13
For the Respondent/s : Mr.Subhash Prasad Singh, GA-3
(In Civil Writ Jurisdiction Case No. 9639 of 2021)
For the Petitioner/s : Mr.Sumeet Kumar Singh
For the Respondent/s : Mr.Dr. K.N. Singh (ASG)
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Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021
2/14
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH)
6 17-04-2021Re: I.A. No. 1 of 2021 in CWJC No. 353 of 2020 Regard may be had to this Court's order dated 15.04.2021 in the present proceeding under Public Interest Litigation. The alarming incessant surge in COVID-19 cases in its second wave in the State of Bihar and the reported deficient healthcare infrastructure in the State has been taken cognizance of suo motu by Hon'ble the Chief Justice. On 15.04.2021 Mr. Pratyaya Amrit the Principal Secretary, Health Department, Government of Bihar had joined the online hearing of the present proceeding and had presented before us slides showing three- tier healthcare infrastructure viz. Covid Care Centre(CCC), Dedicated Covid Health Centre(DCHC) and Dedicated Covid Hospitals(DCH) available in the State of Bihar for treating COVID-19 patients, as on 15.04.2021, which has been briefly noted in our last order.
In compliance of this Court's order the Principal Secretary has transmitted to the Court the data which he had displayed on that day by sharing on screen through the slides. The said data/ statistics read as under:-
Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 3/14 District wise status of CCC and DCHC Sr. District Covid Care Centre Dedicated Covid Health Centre No. (CCC) (DCHC) No. of No. of No. of No. of No. of beds No. of beds beds with beds beds with beds Available Oxygen Occupied Available Oxygen Occupied
1. ARARIA 210 70 0 110 45 2
2. ARWAL 140 10 14 100 30 0
3. AURANGABAD 175 105 3 160 72 0
4. BANKA 250 186 6 200 100 0
5. BEGUSARAI 300 100 19 176 156 2
6. BHAGALPUR 100 50 10 70 50 0
7. BHOJPUR 400 120 39 100 100 0
8. BUXAR 500 0 68 80 50 0
9. DARBHANGA 388 119 0 200 100 26
10. EAST 57 57 22 300 300 0 CHAMPARAN
11. GAYA 50 10 0 350 260 56
12. GOPALGANJ 770 131 27 150 100 0
13. JAMUI 295 120 0 20 15 0
14. JEHANABAD 170 130 0 45 45 5
15. KAIMUR 300 65 0 43 43 1
16. KATIHAR 390 100 0 80 80 0
17. KHAGARIA 396 0 0 50 50 0
18. KISHANGANJ 200 65 8 120 115 0
19. LAKHISARAI 306 100 0 50 50 0
20. MADHEPURA 50 30 0 200 60 49
21. MADHUBANI 1015 193 19 100 39 6
22. MUNGER 82 42 0 399 145 17
23. MUZAFFARPUR 100 5 0 60 60 0
24. NALANDA 1015 50 0 100 100 6
25. NAWADA 350 20 0 135 135 2
26. PATNA 710 45 7 998 494 773
27. PURNIA 640 225 2 453 429 1
28. ROHTAS 434 280 11 130 100 5
29. SAHARSA 100 20 0 184 100 0
30. SAMASTIPUR 110 30 0 345 185 4
31. SARAN 257 52 1 185 185 13
32. SHEIKHPURA 100 20 19 50 50 0
33. SHEOHAR 40 40 7 10 10 0
34. SITAMARHI 455 135 0 200 55 4
35. SIWAN 500 145 0 100 70 6
36. SUPAUL 240 42 6 275 160 0
37. VAISHALI 315 30 4 100 50 0
38. WEST 200 0 0 320 233 2 CHAMPARAN Total 12110 2942 292 6748 4421 980 COVID-19 - Isolation Center Report - Covid Care Centre, Patna Name of Facility General Bed Oxygen Bed Cylinder/Bed Occupied DIET Center, Barh 100 Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 4/14 DIET Center, Bikram 100 DIET Center, Masauri 100 SDH Barh 30 10 SDH Masauri 30 10 Training Center Khiri More 100 Paliganj TFC Kangan Ghat, Patna 200 25 07 City Radha Swami Satsang 50 Kendra Total 710 45 07 COVID-19 - Isolation Center Report - Dedicated Covid Health Centre, Patna Name of Facility General Bed Oxygen Bed Occupied Cylinder/Bed Hotel Patliputra 137 137 47 Ashok Total 137 137 47 COVID-19 -Dedicated Covid Health Centre (Private Hospitals), Patna Sl. Name of DCHC (Private Hospitals) No. of Beds No. Available
1. Arvind Hospital Pvt Ltd Ashok Raj, Patna-4 13
2. Asian City Hospital 50
3. Atlantis Hospital, Patna 30
4. Artis Multispeciality Hospital 6
5. Big Apollo Spectra Hospital, Patna 27
6. Buddha Cancer Centre Pvt. Ltd., Patna 4 7 Capital Multispeciality Hospital, Patna 10
8. Ford Hospital and Research Center Pvt. Ltd, Patna 55
9. Gatewel, Hospital 13
10. Himalaya Hospital 15
11. Hi-tech Emergency Hospital, Patna 26
12. Holy Promise Hospital, Patna 15
13. Jagdish Memorial Hospital, Patna 28
14. K.P.Sinha Memorial Super Speciality Hospital, Patna 28
15. Medipark Hospital, Patna 35
16. Mediversal Multi Super Speciality Hospital, Patna 25
17. Medizone Hospital, Patna 20
18. Nestiva Hospital, Patna 30
19. Paras HMRI Hospital, Patna 55 Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 5/14
20. RN Superspeciality 5
21. RAJESHWAR HOSPITAL, Patna 50
22. Ruban Memorial Hospital Patliputra, Patna 91
23. Sahyog Hospital Patliputra Colony, Patna 9
24. Samarpan Trauma & Research Hospital 20
25. Samay Hospital, Patna 45
26. Samford Hospital, Patna 10
27. Shri Murlidhar Memorial Nursing Home, Patna 15
28. Shri Sai Hospital, Patna 40
29. Sri Raj Trust Hospital, Patna 30
30. Udyan Hospital, Patna 31
31. NHSMC, Bihta 30 Grand Total 861 Status of Dedicated Covid Hospitals (DCH) Sr. Medical College General ICU No. of No. and Hospital functional No. of No. of No. of beds No. of beds ventilators beds beds Available Occupied Available Occupied
1. AIIMS, Patna 120 120 40 40 40
2. ANMCH, Gaya 92 45 28 0 28
3. Govt. Medical 108 10 12 0 12 College, Bettiah
4. JKTMCH, 83 19 19 0 19 Madhepura
5. JLNMCH, 200 66 36 18 39 Bhagalpur
6. NMCH, Patna 146 101 14 4 30
7. DMCH, 120 49 7 6 5 Darbhanga
8. PMCH, Patna 112 90 25 25 25
9. SKMCH, 64 22 10 0 4 Muzaffarpur
10. VIMS, 100 39 12 11 14 Pawapuri, Nalanda
11. ESIC Hospital, 50 10 10 0 10 Bihta, Patna 1195 571 213 104 226 There are certain aspects emanating on close analysis of the data as on 15.04.2021, which have immensely baffled us. We have noted in our last order also that on the one hand the COVID patients are running helter-skelter for admission in COVID Care Centers/ Dedicated Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 6/14 COVID Care Centers/ Dedicated COVID Hospitals, the figures presented by the Health Department represent that a large number, rather, most of the beds available for COVID patients are unoccupied.
As against total 18858 beds available, only 1272 beds have been shown to have been occupied by COVID patients, most of them in the Hospitals located in Patna. No acceptable logic is coming forth to explain this startling phenomenon, as admittedly the patients in the state are being denied admission because of unavailability of beds, though, lack of awareness among affected people about availability of such facilities in all the Districts of the state is being cited as one of possible reasons why there is mad rush to Patna hospitals out of a sense of fury.
There is yet another aspect of the data furnished to this Court which has greatly puzzled us. This is an admitted fact that there is critical shortage of medical oxygen in the State which is the most essential component for treating COVID patients who require admission. The above data of the State Government shows, however, that huge number of beds are available with oxygen. This contradiction has remained unexplained.
In the today's online proceeding, Mr. Prataya Amrit, the Principal Secretary had joined and informed this Court about compliance of certain directions issued on 15.04.2021. Be it noted here Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 7/14 that availability of CT- Scan and X-ray machines are admittedly needed for medical evaluation of the health condition of COVID patients and deciding line of treatment in a given situation, which are unavailable in DCHCs. He has informed us that the State Government Department has placed orders for acquisition of portable X-ray machines for DCHCs and at-least 20 of them shall be installed within a month. The Court directs the State Government to ensure that the portable X-ray machines are positively acquired and installed within the aforesaid period, if not earlier.
In respect of availability of CT Scan machines, he has informed this Court that at-least in 16 district hospitals of the State of Bihar, CT Scan machines are available and for 14 other districts Letters of Intent (LoI) have been issued and shall be procured within three months. Let it be done with utmost expedition.
He has further informed this Court that in compliance of this Court's observations and direction on 15.14.2021, so as to make the residents of Bihar known about the available infrastructure, the Department has initiated a system of daily media briefing, disclosing all relevant information relating to location wise availability of facilities and infrastructure for treating COVID patients. He has further informed that this Court's direction for furnishing "CT" values in the RT-PCR test reports has been carried out. From 16.04.2021, CT values Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 8/14 are being mentioned in such reports. He has also informed this Court about the steps taken for emergency procurement of Remdesivir injection by invoking Section 50 of the Disaster Management Act. The Court takes judicial notice of acute shortage of Remdesivir injection in the State and its consequent illicit trade in black market. Learned Counsel representing the parties have informed this Court that the said drug is being sold in black market at a staggering price. This is matter of serious concern and the Court shall be constrained to pass appropriate orders if no befitting action is found to be taken by the State Government in this regard.
In response to the Court's query, as to whether the State Government has prepared a comprehensive action plan to meet the challenges arising out of present upsurge of COVID cases in the State of Bihar, Mr. Amrit has informed this Court that a High Level Meeting has been convened in this regard and tomorrow (18.04.2021) there shall be a joint meeting of all the District Magistrates and Superintendents of Police of the State. He has further stated that the State will come out with a comprehensive action plan by Monday (19.04.2021). We reiterate our observations and direct the State Government to prepare and come out with a comprehensive action plan by 19.04.2021, which must be put in public domain.
It was indicated in the last order of this Court that the State Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 9/14 Government may consider utilising the infrastructure available with Medanta Hospital located at Kankarbagh, established under the PPE mode. Mr. Amrit has informed this Court that a decision has been taken and the said infrastructure shall be utilised for dealing with the challenge which the State is facing because of upsurge of COVID cases. Further Rajendranagar Eye Hospital, which is a government hospital, has been decided to be utilised for admitting patients suffering from COVID-19. He has further informed that steps have been taken to increase number of beds in All India Institute of Medical Sciences, Patna (for short AIIMS, Patna) to 250 and Indira Gandhi Institute of Medical Sciences to 100.
Mr. Pandey, learned counsel appearing on behalf of AIIMS, Patna has informed this Court that presently there are 220 beds available in AIIMS, Patna out of which 40 are ICU beds for treating COVID patients. The Court directs the AIIMS, Patna and the State of Bihar to consider enhancing the number of beds in AIIMS, Patna for treating COVID patients to meet to some extent, palpable spike in number of COVID patients in and around Patna.
Further, from the order dated 15.04.2021, it can be seen that the State Government had taken initiatives to utilise Employees State Insurance Corporation (ESIC) Hospital at Bihta for accommodating COVID patients. Dearth of doctors at the said hospital was one of the Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 10/14 difficulties which the State Government was facing. We were informed that requisitioning Doctors from Armed forces was under
contemplation and initiatives had been taken in that direction. In the said background, considering urgency of the matter, we had requested Dr. K.N. Singh, learned Additional Solicitor General of India to seek instructions from the concerned department of the Central Government.
He has informed this Court that he has received a communication from the Ministry of Defence, Government of India dated 16.04.2021 to the effect that Director General Armed Forces Medical Services has informed that necessary directions have been issued to the Headquarter, Central Command, Lucknow through Director General, Medical Services (Army) to provide assistance in terms of manpower for running the hospital. On our request, he has furnished to this Court through email the said communication. For quick reference the body of the said letter is being quoted herein below:-
"2. As regards, providing doctors from the Army for running the ESI Hospital, Bihta, it is stated that DGAFMS has informed that necessary directions have been issued to HQ Central Command, Lucknow through Director General Medical Services (Army) [DGMS (Army)] to provide assistance in terms of manpower for running the hospital."
Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 11/14 Let all concerned take all necessary steps to ensure that the said hospital starts functioning as Dedicated COVID Hospital preferably from Monday (19.04.2021). It is indicated that if the Court does not find any progress in the aforesaid direction, it will be constrained to pass appropriate directions on Monday, when this matter will be taken up again.
During course of hearing of the present proceeding, it has transpired that the RT-PCR tests are not being done at the desired rate. Mr. Manoj Kumar, the Executive Director, Bihar State Health Society, who has also joined the present proceeding has informed this Court that there are 18 laboratories in different medical colleges in the State of Bihar which have the machines to conduct RT-PCR tests. In addition, five private laboratories in the State of Bihar have been granted permission to conduct such tests. He has informed that on an average 40,000 RT-PCR tests are being done in the State of Bihar per day. He has also submitted that steps are being taken to establish nine more laboratories for conducting RT-PCR tests, three of which are to be commissioned very soon with the help of Indian Council for Medical Research (ICMR) in the districts of Motihari, Purnia and Munger i.e within a period of three weeks.
The State Government is directed to ensure that at-least in these three districts, namely, Motihari, Purnia and Munger, the laboratories Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 12/14 start functioning to enhance the number of tests .
Regarding dearth of oxygen in the State of Bihar, the Bench has been informed that apart from requisitioning liquid gas from the neighboring State of Jharkhand, the State Government and the Central Government are taking sincere measures for installation of Pressure Swing Absorption (PSA) plants in the hospitals connected with various medical colleges in the State of Bihar.
Let the Executive Director, Bihar State Health Society submit a report explaining the progress regarding installation of PSA plants on the next day. He may also explore the possibility of procuring High Flow Nasal Canula (HFNC) and submit a report inasmuch as the same is reported to be effective in improving oxygenation amongst patients with acute hypoxemic respiratory failure.
Mr. Manoj Kumar has further informed this Court that teams have been deployed by the Department of Health to visit places, wherever required, to collect samples for RT-PCR tests. The Court expects the respondents to step up the speed/pace of RT-PCR tests in the State.
During course of hearing, it has emerged that the State- Respondents have failed to regulate testing of such persons who are arriving in the State of Bihar from other States, who have the potential of spreading the disease. Though it is difficult for the Court to pass any Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 13/14 specific direction in this regard at present, it is observed that minimum what is expected of the State-Respondents is to take all possible measures so as to ensure that persons coming from outside the State are either made to undergo rapid antigen test or they are able to show on the basis of the test reports available with them that they are not COVID positive. In case a person is found to be COVID positive, steps should to taken to ensure that he can reach a designated place for isolation or treatment with adequate and desired care and caution.
Last but not the least, the Court is of a definite opinion that the respondents have not been able to keep the people of Bihar informed about availability/ non-availability of health care facilities in the State. The State of Bihar is directed to display all relevant information in this regard on a portal dedicated for this purpose.
The matter is adjourned for Monday (19.04.2021) to be taken up at 4.30 p.m. when the Executive Director, State Health Society, Mr. Manoj Kumar shall be required to join the proceeding.
Considering the gravity of the situation, it is directed that a link for online proceeding of this case, to be held on 19.04.2021, be sent to the Director, AIIMS, Patna. Mr. Pandey, learned counsel representing AIIMS, Patna shall inform the Director, AIIMS, Patna in this regard.
The Court directs the Respondents-State of Bihar to submit a report regarding the available manpower and other infrastructure at Patna High Court CWJC No.353 of 2021(6) dt.17-04-2021 14/14 COVID Care Centres (CCCs) and Dedicated COVID Health Centres (DCHCs) in the State of Bihar.
(Chakradhari Sharan Singh, J) ( Mohit Kumar Shah, J) Rajesh/-
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