JUDGMENT :

Michael Zothankhuma, J.

1. The proceeding is conducted through remote Video Conference.

2. Heard Mr. J.C. Lalnunsanga, learned counsel for the petitioner. Also heard Mr. D. Das, learned Advocate General, Mizoram along with Mr. A.D. Choudhury, learned Additional Advocate General, Mizoram. Ms. Zairemsangpuii, learned CGC appears for the respondent Nos. 5, 6 & 7.

3. This Public Interest Litigation has been filed for a direction to be issued to the respondent Nos. 1 to 4 to set up an RT-PCR diagnostic laboratory in Civil hospital, Lunglei, by installing the RT-PCR machine donated by one Mr. Zodintluanga on 26.06.2020.

4. The Director, Hospital & Medical Education, Mizoram issued letter No. B. 11013/76/2013-CHL/DHME(PP) dated 7.5.2021, addressed to the Medical Superintendent, Civil Hospital, Lunglei, which is to the following effect:-

"Subject: Installation of RT-PCR machine.

Dear Sir,

You are requested to install the RT-PCR machine which was donated by Pu Zodintluanga, MLA at Microbiology Deptt., Lunglei at the earliest. Compliance report is to be submitted to the undersigned."

A copy of the above letter dated 7.5.2021 was also given to:-

(i) P.S. to Hon'ble Minister, H & FW.

(ii) Vice Chairman, Health & Family Welfare Board.

(iii) Vice Chairman, HPC.

(iv) Special Secretary to the Government of Mizoram, H & FW.

(v) Principal Director, H & FW Department/

5. The petitioner, in this Public Interest Litigation has prayed for a direction to the respondents to comply with the letter dated 7.5.2021 issued by the Director, Hospital & Medical Education, Mizoram for installation of the donated RT-PCR machine at the Civil Hospital, Lunglei.

6. The petitioner's case is that in the preparation for the fight against the Covid-19 pandemic, the Secretary to the Government of Mizoram, Health Department issued Order No. D.33012/41/2020-HFW(ETCL)/90 dated 14.06.2020 (Annexure-1), stating that the competent authority was pleased to detail a team of experts to visit Lunglei, to explore the feasibility for establishing a ''make-shift" Covid-19 RT-PCR diagnostic laboratory at Civil Hospital, Lunglei, to cater to the needs of the 4 Districts of South Mizoram and to fulfill the indication made to that effect by the Minister, Health & Family Welfare Deptt., during early March, 2020.

7. The team of experts visited the Civil Hospital, Lunglei on 15.06.2020 and submitted their recommendation. The Directorate of Information & Public Relations (DEPR in short) also published a news report dated 15.06.2020 (Annexure-2), which stated that for making the RT-PCR Laboratory functional in the vacant rooms identified in the Civil hospital, Lunglei, at least Rs.100 lakhs would be required, which would include the cost of a new RT-PCR machine. The report submitted by the team of experts is as follows:-

1. Civil hospital Lunglei have Physical infrastructure (Rooms) to host the Covid 19 RtPCR testing Laboratory.

2. The Medical Superintendent Civil hospital Lunglei may prepare the requirements for room renovations and necessary equipment necessary to run this laboratory.

3. We also recommend to cater the expansion of the current truenat Covid 19 testing capacity immediately by adding new and improved machine Since establishing RtPCR Laboratory may take months owing to the current Covid 19 situations in the State and the Country.

4. We recommend the purchase Truelab TM Quattro Real Time Quantitative micro PCR Analyzer which can perform e-gene screening and Rdrp Confirmatory test for Sars-Cov2. This will cater the immediate need of the entire southern Districts of Mizoram.

8. As the donated RT-PCR machine was not being utilized by the respondent Nos. 1 to 4, various NGOs submitted representations to the authorities for installation of an RT-PCR diagnostic laboratory in Civil hospital, Lunglei by making use of the donated RT-PCR machine.

9. The petitioner's counsel submits that in the