IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
M.S. Sonak, Bharati H Dangre, JJ.
Ashutosh Govind Prabhu Dessai - Appellant
Versus
State Of Goa - Respondent
W.P. No. 19 of 2020
Decided On : 12-01-2021
COVID-19 Pandemic - Public Interest Litigation - Circular dated 17.04.2017 - [Video Conferencing, SOP Compliance, Director Appointment] - The court disposed of the petition, issuing directions related to video conferencing and email correspondence, and directing the appointment of the Director of IPHB.
Fact of the Case:
The petitioner sought various reliefs related to COVID-19 pandemic, including facilities for video conferencing, processing of past correspondence, acknowledgment of correspondence, Covid testing for doctors, and provision of training and facilities. The court found some reliefs to be personal to the petitioner and not suitable for public interest litigation. It also noted compliance with SOPs and issued specific directions related to email correspondence and the appointment of the Director of IPHB.
Finding of the Court:
The court found that certain reliefs were personal to the petitioner and not suitable for public interest litigation. It also noted compliance with SOPs and issued specific directions related to email correspondence and the appointment of the Director of IPHB.
Issues: The issues included the suitability of certain reliefs for public interest litigation, compliance with SOPs, and the appointment of the Director of IPHB.
Ratio Decidendi: The court determined that certain reliefs were personal to the petitioner and not suitable for public interest litigation. It also considered compliance with SOPs and issued specific directions related to email correspondence and the appointment of the Director of IPHB.
Final Decision: The court disposed of the petition, issuing directions related to video conferencing and email correspondence, and directing the appointment of the Director of IPHB.
JUDGMENT
M.S. Sonak, J. - Heard Mr. L. Raghunandan, the learned Counsel appointed under the Legal Aid Scheme for the Petitioner and Mr. Salkar, the learned Government Advocate for the Respondents.
2. Though several of the grievances raised in this Petition appear to be personal to the Petitioner, taking into account the balance reliefs, this Petition was directed to be registered as a public interest litigation.
3. The Petitioner, by instituting this Petition, seeks the following reliefs :
a) Issue a writ of mandamus or writ in the nature of a mandamus directing the respondents to provide facilities for video conferencing in IPHB OPD, wards and Goa Medical College Quarantine and Isolation wards and if possible in other wards too and in ESI designated Covid hospitals urgently, due the risk to lives of IPHB doctors if they are called to advise on patients there.
b) Issue a writ of mandamus or writ in the nature of a mandamus to the respondents to process the past correspondence of the petitioner specially his orders for financial upgradation as early as possible or atleast within one month and to provide replies within two months or as early as possible to the petitioners other correspondence.
c) Issue a writ of mandamus or writ in the nature of a mandamus to the respondents to direct respondent No.4 and the clerical staff working under respondent No.4 to provide acknowledgment of correspondence which has been returned/declined and future correspondence without delay and without scrutinizing and selectively accepting the correspondence.
d) Issue a writ of mandamus or writ in the nature of a mandamus to the Respondents mainly IPHB to accept and act on emailed representations and also accept any hardcopy correspondence submitted directly to the main entry section of IPHB without having routed through the Professor IPHB or declined/returned by Professor IPHB.
e) Issue a writ of mandamus or writ in the nature of a mandamus to the Respondents to conduct Covid testing of IPHB and Goa Medical College doctors to avoid asymptomatic transmission from them who may be carriers to the petitioner, staff and inmates of IPHB and thus to the society.
f) Issue a writ of mandamus or writ in the nature of a mandamus to the Respondents to provide training to all IPHB staff specially attendants, in Covid protocols, sterilization/disinfection and provision of disinfectant and sterilisation material, personal protective equipment PPE and facilities for appropriate waste disposal of Covid related waste as required and to post separate staff including resident doctors for such observation/quarantine wards along with prescribed periods of home quarantine as is done by Govt of Goa for doctors in other hospitals quarantine and/or Isolation facilities; who come in contact with and treat Covid suspect patients kept under observation /quarantine even if they are currently negative.
g) Issue a writ of mandamus or writ in the nature of a mandamus to the Respondents to provide a department wise list of Telephone numbers and emails of Goa Medical College doctors and the designated Covid (ESI) hospital, both residents and consultants to the IPHB doctors to facilitate Teleconsultation and reduce risk of direct exposure unless when required.
h) Issue a writ of mandamus or writ in the nature of a mandamus to the Respondents to provide IPHB vehicle and if it is not feasible, a Goa Medical College vehicle to drop recovered IPHB patients home.
[h(a)]: to pass writ of certiorari or writ in the nature of certiorari or any direction of order to quash and set aside the impugned circular dated 17.04.2017 and consequently permit faculty members to address correspondence to Respondent No.3 via email also.
[h(b)]: issue writ of Mandamus or writ in the nature of Mandamus or direction or order directing State Government to expedite the process of appointment of Director of IPHB within the maximum period of 6 months from date of disposal.
[h(c)]: to direct state government to hand over the char
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