JUDGMENT

Dated this the 27th day of July 2021 S.MANIKUMAR, C.J.

Petitioner has filed this writ petition challenging Ext.P3 order issued by the second respondent/the Director of Health Services on 24.5.2021. By the impugned order, a State Level Committee has been constituted for recommending special sortie evacuation from Lakshadweep Islands to Kochi/Agatti/Kavarathi on health grounds. It is evident from Ext.P3 that such evacuation operation was carried out based on the request made by the Medical Officer/Superintendent of the hospitals concerned.

2. Prayers sought for in this writ petition are as follows:

i. Issue a writ of certiorari or any other writ or direction to call for the records leading upto Exhibit P3 and set aside the same.

ii. To 1ssue of a writ of mandamus or any other appropriate writ, order or direction, commanding respondents to follow the procedures adopted for special sortie evacuation which was in existence prior to 24.05.2021.

3. Pursuant to the direction of this court dated, 1st June 2021, Mr.S.Manu, learned Senior Central Government Standing Counsel for Lakshadweep Administration has produced a memo dated 11th June 2021 for production of document, Standard Operating Procedure, dated 17.3.2021, framed by the Department of Health Services for emergency evacuation of patients from Lakshadweep islands, which is produced along with the memo, reads thus:

GOVT OF INDIA LAKSHADWEEP ADMINISTRATION (Department of Health Services)

KAVARATTI ISLAND 682 555 F.No. 4/5/20121- DHS (Covid-19) Dated: 17.03.2021 STANDARD OPERATING PROCEDURES (SOP) FOR EMERGENCY EVACUATION OF PATIENTS FROM LAKSHADWEEP ISLANDS The purpose of this document is to set out the procedure and plan to be followed during the course of emergency evacuation of patients from Lakshadweep islands. An emergency in this context can be defined as any event, natural or man- made which, by its occurrence, endangers the life of a man, which requires an immediate response. It includes all the emergency medical condition which cannot be managed in the respective institution. This SOP is applicable to all the health institution of Lakshadweep and hence should be scrupulously followed by all the in- charges of the health institutions of Lakshadweep while proposing for emergency evacuation. This SOP has a further objective to minimize/ rationalize evacuation

1. All the emergency cases, which cannot be managed in their respective institutions, shall be invariably referred to save the life of the patients. The referring doctor should take all the possible measures to reach the patient at appropriate centre for expert management without any delay. Simultaneously the Medical Officer shall ensure that no cases other than EMERGENCY are referred by special sortie helicopter. All the cases to be referred should be discussed with the specialist of concerned discipline through telemedicine or any other social media or over phone prior to proposing any evacuation.

2. All the Medical officer in charge should maintain a separate register for both primary evacuation and the cases to be clubbed along with the evacuation. All the evacuation shall be routed through the Nodal Officer evacuation, who is also responsible for submission of a consolidated report of all evacuations taking place every day. A complied report of all evacuation including clubbed ones should submit every month not later than 5th day of every succeeding month to the competent authority.

3. All the uncomplicated orthopaedic cases including hip fracture unless otherwise life threatening should be send by ship after discussing with the orthopaedic surgeons available at Kavaratti, Agatti or Androth.

4. M.I cases after thrombolysing and stabilization may be sent after 5 days routinely. Not emergency evacuation shall be proposed in these cases until otherwise highly warranted. Ship schedule can be modified in advance in consultation with the Department of PSA, wherever applicable.

5. High risk ANC cases should be early identifi