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2021 Supreme(All) 1581

IN THE HIGH COURT OF ALLAHABAD
Siddhartha Varma, Ajit Kumar, JJ.
In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive - Petitioner
Vs.
State of U.P. - Respondent
Public Interest Litigation (PIL) No. -574 of 2020
Decided On : 17-05-2021

Advocates:
Advocate Appeared:
Counsel for Petitioner: Gaurav Kumar Gaur,Abhinav Gaur,Aditya Singh Parihar,Amitanshu Gour,Arvind Kumar Goswami,Bhagwan Dutt Pandey,Ishir Sripat,Jamil Ahamad Azmi,Jitendra Kumar,Katyayini,Pradeep Kumar Srinette,R.K. Shahi,Rahul Sahai,Rajeev Kumar Singh,Rishu Mishra,S.P.S. Chauhan,Sarveshwari Prasad,Satyaveer Singh,Shailendra Garg,Siddharth Shukla,Sunita Sharma,Suo Moto,Sushil Kumar Mishra,Swetashwa Agarwal,Uttar Kumar Goswami,Vibhu Rai
For the Respondent: C.S.C.,Arun Kumar,Ashish Mishra,Dhiraj Singh,Hari Nath Tripathi,Purnendu Kumar Singh,Satyavrat Sahai,Sunil Dutt Kautilya,Suresh Chandra Dwivedi,Tahir Husain,Vishakha Pande

Headnote:

Constitution of India,1950 - Modalities of appointment of committee - Pandemic where lungs with covid involvement - Affidavit - State respondent to appoint a three member Pandemic Public Grievance Committee in every district to look into the grievance of individuals and to redress their respective grievances and further to look into all the viral news relating to the district concerned - Affidavit filed today, a Government Order been brought on record by which three member committee has been directed to be formed in every district in compliance of our order. While the modalities of appointment of committee has been given in the order, it has not been directed as to how and in what manner the public grievance committee would redress the grievance of an individual – Court accordingly direct that all the complaints received by the committee, will be discussed by Committee with District Nodal Officer appointed in every district by State Government and the Nodal Officer shall ensure that each and every grievance stands redressed within also enlarge the scope of Committee to look into the complaints of supply of oxygen to those who are in home isolation, private hospitals and nursing homes of the district concerned – Held, Court find that apart from various Institutes like Sanjay Gandhi Postgraduate Institute and the Universities like King George’s Medical University and Banaras University have five more medical colleges Colleges should have enhanced facilities as are there with Postgraduate Institute within a period of four months. Emergency laws should be applied for acquisition of land for them. Funds should be provided to them forthwith so that they graduate from a medical college to an Institute of the standard the Sanjay Gandhi Postgraduate Institute - they should be given all kinds of pathology facilities and treatments should be made available in Community Health Centres which are at par to the treatment given by Level-2 hospitals in bigger cities. If a patient however becomes serious in the rural areas or in small towns then ambulances with all kinds of Intensive Care Unit facilities should be provided so that the patient can be brought to a hospital which has proper medical facilities in a bigger town - Court suggest that every B Grade and C Grade town of the State of Uttar Pradesh should be provided with at least 20 ambulances and every village should be provided with at least 2 ambulances having Intensive Care Unit facilities. Ambulances should be made available within a period of one month. With these ambulances patients from smaller towns and villages can be brought to bigger hospitals in bigger towns - Ordered Accordingly.

JUDGMENT :

Siddhartha Varma, Ajit Kumar, JJ.

1. We have heard Sri S.V. Raju, learned Additional Solicitor General of India assisted by Sri Abhishek Sharma, learned Standing Counsel, Sri Manish Goyal, learned Additional Advocate General assisted by Sri A.K. Goyal, learned Additional Chief Standing Counsel, both representing the State of U.P., Sri S.P. Singh, learned Additional Solicitor General of India assisted by Sri Purnendu Kumar, learned Advocate, Sri Tarun Agrawal, learned counsel appearing for the State Election Commission, Sri Amrendra Nath Singh, learned Senior Counsel and President of Allahabad High Court Bar Association, Sri Anuj Singh, Sri Rajat Rajan Singh and Sri A.P. Paul, learned Advocates through video conferencing.

2. Sri Badugu Deva Paulson, Secretary (Home), Government of U.P., Lucknow, Sri Ramakant Pandey, District Magistrate, Bijnor, Sri Shambhu Kumar, District Magistrate, Bahraich and the Principal Swaroop Rani Nehru Medical College, Allahabad also appeared through video conferencing and have been heard.

3. A compliance affidavit has been filed by Sri A.K. Goel, learned Additional Chief Standing Counsel, High Court, Allahabad on behalf of the State which is taken on record. The response filed on behalf of Central government by Sri Purnendu Kumar Singh, the Central Government Counsel is also taken on record. The affidavit filed on behalf of State Election Commission, U.P. is also taken on record. We have also received the reports of Nodal Officers of various districts which are also kept on record.

4. Sri Bhanu Bhushan Jauhari, learned Advocate has also filed an intervention application. Office is directed to allot regular number to the intervention application.

5. We had in our last order directed the State respondent to appoint a three member Pandemic Public Grievance Committee in every district to look into the grievance of individuals and to redress their respective grievances and further to look into all the viral news relating to the district concerned. In the affidavit filed today, a Government Order dated 13.05.2021 has been brought on record by which three member committee has been directed to be formed in every district in compliance of our order. While the modalities of appointment of committee has been given in the order, it has not been directed as to how and in what manner the public grievance committee would redress the grievance of an individual. We accordingly direct that all the complaints received by the committee, will be discussed by the Committee with the District Nodal Officer appointed in every district by State Government and the Nodal Officer shall ensure that each and every grievance stands redressed within 24-48 hours. We also enlarge the scope of Committee to look into the complaints of supply of oxygen to those who are in home isolation, the private hospitals and nursing homes of the district concerned.

6. In compliance to our direction fetching details of the health infrastructure of five districts qua its population, the reports obtained from each of the five districts have been brought on record vide Annexure no. 24 to the affidavit. Upon perusal of the report submitted by the District Magistrates of the respective districts, we have no hesitation in observing that health infrastructure is absolutely insufficient in city areas to meet the requirement of city population and the rural areas the Community Health Centres are virtually lacking in respect of life saving gadgets. In most of the districts, the Level-3 hospital facilities are not there.

7. We take the example of district Bijnor as a test case to assess the overall health care system in smaller cities and rural areas of the State. In district Bijnor the urban population as per 2011 census is shown to be 925312. We have no doubt in observing that it must have gone up 25% more by 2021, but to our utter surprise there is no level-3 hospital in district Bijnor. The three Government Hospitals have only 150 beds, whereas, the tota

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