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2021 Supreme(Sikk) 119

HIGH COURT OF SIKKIM
Meenakshi Madan Rai, ACJ., Bhaskar Raj Pradhan, J.
Mani Kumar Subba - Appellant
Versus
State of Sikkim & Ors. - Respondents
WP(PIL) No. 08 of 2020
Decided On : 15-09-2021

Advocates appeared:
Mr. Yam Kumar Subba, Advocate, for the Petitioner; Mr. Vivek Kohli, Advocate General, Ms. Yeshi Wangmoo Rinchhen, Government Advocate, for the Respondent Nos. 1 to 3; Ms. Sangita Pradhan, Assistant Solicitor General, for the Respondent Nos. 4 to 6; Mr. Nikhil Nayyar, Senior Advocate, Mr. T. R. Barfungpa, Advocate, Mr. Jigme Dorjee Bhutia, Advocate, for the Respondent No.7

The court emphasized the necessity for timely responses from the State Government regarding health emergency communications and the effective management of Covid-19 resources.

Headnote:(A) Central Government Communication - Issue of Financial Response - Guidelines for India Covid-19 Emergency Response and Health System Preparedness Package being followed by State - RT-PCR test rates decreased for accessibility - Petitioner raised issues on Covid management, responses noted and recommendations made. (Paras 1-8)

(B) Public Interest Litigation - Scope and purpose - Court emphasizes the importance of timely responses from the State Government to Central Government communications regarding health emergencies. (Paras 1 & 8)

Facts of the case:
The Writ Petition addresses concerns regarding the State's management of Covid-19, including financial responses, home isolation protocols, oxygen availability, and test rates. Responses by the State's Advocate General indicate improvements made in healthcare provision and compliance with guidelines.

Findings of Court:
The Court takes note of the submissions and improvements, highlighting the necessity for the State to maintain effective communication and prompt action in health emergencies.

Issues: The main issues were regarding the delay in response to Central Government communications and the adequacy of measures taken for Covid-19 management.

Ratio Decidendi: The Court underscored the importance of timely and effective communication between State and Central authorities in crisis management.

Result: Writ Petition disposed of.

Table of Content
1. delay in response from central government (Para 1)
2. covid management measures in sikkim (Para 2 , 3 , 4 , 5 , 6 , 7)
3. disposal of writ petition (Para 8 , 9)

JUDGMENT

Meenakshi Madan Rai; ACJ. - While raising the issue of Central Funds provided for combating the Covid 19 Pandemic, Learned Counsel for the Petitioner submits that, in fact, in April, 2020, a Communication had been sent from the Central Government enquiring about the financial requirements of the State Government to which the response was belatedly sent only in the month of August, 2021 by the Respondent, thereby losing precious time. It is suggested by Learned Counsel that in future, should Communication be received from the Central Government, the State Government ought to send an immediate Response with all relevant requirements being placed for the purpose of dealing with the Pandemic.

2. On the issue of Home isolation protocol for Covid 19 patients as raised by the Petitioner, Learned Advocate General submits that measures for Home Isolation in respect of patients who test positive for Covid 19, have now been duly prepared and are complied with by the State Government. That, sufficient number of Covid Care Centres have been set up in the State which are provided with all necessary facilities, medical equipment and consumables, as already submitted in WP(PIL) No.06 of 2020 [In Re: Covid 19 Management].

3. That, concerns had also been raised about the availability of Oxygen. It is submitted that now, this is not a cause of concern as sufficient provisions have been made, details of which have been submitted in WP(PIL) No.06 of 2020.

4. The Petitioner had also raised the issue with regard to the dedicated TB Ward which had been converted into a Covid Hospital. That, now Level 4 of the New STNM Multi-Speciality Hospital, Sochakgang, East Sikkim, has been converted into a dedicated TB Ward with forty eight beds of which, twenty four are for contagious and the remaining twenty four are for non-contagious patients. That, this is a substantial increase from the number of beds previously available in the independent TB Ward. We find that these submissions have been noted even in the Order of this Court, dated 10.05.2021 ante.

5. It is also submitted by Learned Advocate General that Guidelines for the India Covid-19 Emergency Response and Health System Preparedness Package, as set forth by the Government of India is being duly followed by the State Government. That, all necessary funds are being accessed, obtained and utilized by the State Government for management of the Pandemic.

6. The issue of Covid Dedicated Hospital has been submitted in WP(PIL) No.06 of 2020, as also the issues concerning Life Supports, Ambulances and Oxygen supply.

7. The anxiety of the Petitioner with regard to the rates of the RT-PCR Tests has been responded to by the Respondent No.7 vide Affidavit, dated 04.09.2021, wherein it is informed that previously the rates of RT-PCR Tests were fixed at Rs.2,200/- (Rupees two thousand and two hundred) only, now the rates stand at Rs.1,300/- (Rupees one thousand and three hundred) only. That, the initial cost for RAT was R.900/- (Rupees nine hundred) only, which has now been reduced to Rs.300/- (Rupees three hundred) only. That, for the RT-PCR Tests, due to an important component in it being expensive, the rates were fixed accordingly, however, once the Testing Kits which were obtained earlier are exhausted, the rates will be reduced further, if found feasible.

8. In view of the above submissions and the observations made by this Court today in WP(PIL) No.06 of 2020 [In Re: Covid 19 Management], as nothing further remains for consideration, we accordingly dispose of this Writ Petition with the hope that the State Government will continue to take preemptive and curative strides in the containment of the Covid- 19 situation in the State.

9. Writ Petition accordingly stands disposed of, as also I.A. No.01 of 2021.

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