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17. According to Mr. Amit Negi, vide notification dated 22.05.2021 'black fungus' has been notified under the Epidemic Act. Therefore, according to him, the Government is taking all precautions and necessary measures to deal with the emergence of black fungus.
18. Lastly, Mr. Amit Negi, submits that, considering the possible threat of the third wave of COVID-19, the Government is planning to strengthen the health care system, especially, keeping in mind that the possible victims of the third wave may be the children. In order to ward off the third wave, inoculation in the State is being done at a rapid pace. Considering the fact that there are vulnerable segments of this population who do not have easy access to the health care centres, such as the Tribal population, the elderly population, Mr. Amit Negi, submits that the Government has started establishing "Near to Home Vaccination Centres". Moreover, steps are being taken to inoculate the Tribal population which is dispersed through the difficult terrains of the State.
19. Moreover, since the Government is aware of the fact that there is a large Nepalese population which does live within the State, since the Government is well-aware that the Nepalese are not permitted by the Government of Nepal to return home, the State Government has already sought instructions from the Central Government with regard to the inoculating the Nepalese population within the State. According to Mr. Amit Negi, the instructions are awaited.
20. Mr. Piyush Garg, the learned counsel for the petitioner in Writ Petition (PIL) No.51 of 2020, submits that while the Government is doing a laudable job in tackling the COVID-19, there are still certain lacunae which should be filled up by the State. Firstly, according to him, private hospitals are being unfair and unjust with the patients coming in. The private hospitals have reserved large number of beds for the upper echelon or the elite of the society. Therefore, these beds are not being earmarked for the poor persons. Moreover, these beds are being given to the rich, even if the rich persons suffer from the mild symptoms and can easily be treated at home. Such misconduct by the private hospitals is depriving the poor persons of the medical treatment.
27. He further points out that the Tribal population which does not possess any of the seven identity cards prescribed for availing COVID-19 vaccination services are equally deprived of inoculation. Thus, he prays that direction should be issued to the State Government to constitute the District Task Force, and to ensure that these vulnerable sections of society are duly inoculated by the State.
28. Mr. Abhijay Negi, the learned counsel for the petitioner in Writ Petition (PIL) Nos. 97 of 2019 and 67 of 2020, has pointed out that, while the State Government has Designated Covid Hospitals, a large segment of the population needs its regular or ordinary medical ailments to be taken care of. However, the Designated Covid Hospitals are refusing to treat the patients suffering from other medical ailments. Thus, those, who are suffering from kidney dis-function, cardiac problems, or from other ailments, are not getting sufficient medical attention. This negligence on the part of the medical fraternity is jeopardizing the lives of many people. Therefore, he prays that the Government should be directed to designate "Non- Covid Hospitals", which can provide critical care to the ordinary patients or to the non-covid patients.
(xiv) Considering the fact that the population is unevenly distributed,
considering the fact that in the mountainous areas of the State, the population is highly dispersed, the State Government should consider the possibility of creating a system which would permit the nurses, accompanied with an Asha Worker and a Home Guard, who can go door to door and inoculate the eligible persons in each village. For, until and unless inoculation is carried out on war footing, it will be extremely difficult to prevent the onslaught of the third wave.