All India Lawyers Union Ailu, vs The Union Of India,
2021 Latest Caselaw 1942 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No: WP(PIL) No.226 of 2020 & Batch

COURT PROCEEDINGS

Sl. OFFICE No. DATE ORDER NOTE

8 10.06.2021 KVLJ & DRJ Bench id:

When the matters were taken up on 07.06.2021, learned Amicus Curiae Sri Y.V. Ravi Prasad and learned Government Pleader Sri C. Suman submitted that the drug that is being used to treat Mucormycosis (black fungus) Liposomal Amphotericin B is not sufficiently available in the State of Andhra Pradesh. Learned Assistant Solicitor General appearing for the Central Government filed a memo dated 07.06.2021 showing allocation of said medicine to the State of Andhra Pradesh. According to the said memo 13,830 injections have been allocated to the State of Andhra Pradesh till 31.05.2021 and additional 7770 vials have been allocated to the State of Andhra Pradesh from Mylan Labs on 05.06.2021. As the memo filed by the Central government is not clear with regard to allocation of said drug to different States basing on the number of patients, the Union of India was directed to file a status report in that regard.

Pursuant to the said direction, a memo dated 10.06.2021 was filed on behalf of Union of India showing the allocation of drug to different States and the number of patients. It is also stated in the said memo that the case load varies on a day to day basis and that the allocation will be based on number of patients. It is also specifically stated that on 09.06.2021, 12,410 vials were allocated to the State of Andhra Pradesh and that the total allocation for the State of Andhra Pradesh as on 10.06.2021 is 34,010 vials.

Basing on the said memo, learned Amicus Curiae submits that the State Government may be directed to request the Government of India for allocation of more injections, if need be.

No direction in this regard is necessary, as it is the responsibility of the State Government to ask for more allocation depending on the number of patients and the Central Government is directed to consider the said request of the State Government as expeditiously as possible depending upon the availability of the same.

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As the State Government has to be fully equipped with the required manpower to handle the situation, this Court on 07.06.2021 directed the State Government to file a memo with regard to the steps taken by it for recruitment of Doctors, Nurses and Paramedical staff etc. Pursuant to that direction, a memo dated 10.06.2021 has been filed on behalf of the State Government stating that G.O.Rt.No.240, dated 17.04.2020 has been issued according permission to the District Collectors to recruit Medical Officers, Specialists, Staff Nurses, Anesthesia Technicians, FNO, MNO and Sweepers on a temporary basis for providing services during Covid- 19 pandemic. Since many persons joined and again resigned, again Covid Instant Order 70 dated 28.07.2020 was issued advising the District Collectors to fill up the vacancies. The said Covid Instant Order enumerates the vacancies that has to be filled up and the remuneration that will be paid to them and Covid Instant Order No.98 dated 26.03.2021 was also issued directing the District Collectors to engage additional manpower as and when required. On 25.04.2021, GO Rt.No.171 was issued according permission to the Comissioner of Health and Family Welfare to engage the services of 1170 Specialists, 1170 General duty Medical officers, 2000 staff nurses, 306 Anesthesia Technicians, 300 FNOs, 300 MNOs and 300 Sweepers on contract basis for six (6) months. Covid Instant Order 122 dated 18.05.2021 was also issued to fill up the shortfall of manpower by engaging the services of various students mentioned therein and pursuant to the said orders 90 Specialists, 3090 General duty Medical officers, 5070 Staff Nurses, 1619 Technicians, 964 Data Entry Operators, 1751 Female Nursing Orderly, 2422 Male Nursing Orderly, 2166 Sweepers, 2339 PGs, 3140 House Surgeons, 821 Final MBBS students, 2538 Nursing Students and 315 Dental Students were recruited. G.O.Rt.No.211 dated 08.05.2011 was also issued providing for 15 marks in the selection criteria for those persons who have rendered their services during this pandemic period, at the time of making permanent recruitment. Copies of the said GOs and Covid Instant Orders are also filed along with the memo.

Learned Standing Counsel did not give any reply so far as recruitments are concerned. Learned Government Pleader submitted that the Doctors, Nurses and staff who are recruited now are sufficient to tide over the present crisis.

It is also stated in the said memo that the Andhra Pradesh Pediatric Covid-19 Task Force Committee held its meeting on 06.03.2021 and recommended procurement of medicines for pediatric treatment and other medical equipment to treat children and that the process of procurement is already started.

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Learned Counsel Mr. Sudhakar submits that most of the covid positive children are asymptomatic and certain guidelines have to be issued in so far as the places where children gather.

Mr. Suman seeks time in this regard to get back with instructions.

Today, learned Amicus Curiae filed a memo dated 09.06.2021 stating that the State Government is not actively conducting Covid-19 tests to ascertain positivity rate and that the State of Andhra Pradesh has conducted 64,800 tests on 07.06.2021 and that the State of Telangana has conducted nearly 1,32,996 tests on the same day.

In the memo filed by the State Government in this regard it is stated that the State of Andhra Pradesh has so far conducted more than 2 Crores tests and stands 5th among all the States in tests conducted per million population and the detailed breakup of the tests from 1st May 2021 to 08th June 2021 is also given in the said memo. It is also specifically stated that on 07.06.2021, the State has conducted 89,732 tests and that the State of Telangana is mostly conducting rapid antigen tests.

Learned Government Pleader submits that number of people who gets tested varies every day and that on some days i.e., from 01.05.2021 to 08.05.2021 and on 18th and 19th May 2021 more than one lakh tests were conducted. The statement giving details of the number of tests conducted on each day from 01.05.2021 to 08.05.2021 is filed. As seen from the said table on some of the days the number of tests that were conducted are more than one lakh and the number is varying depending on the day of the week. Learned Standing Counsel does not dispute the statement that is filed by the State Government.

In the said memo filed by the Amicus Curiae dated 09.06.2021 it is also stated that a Newspaper has reported that elderly people in Old Age Homes are not being vaccinated because they do not possess Aadhar Cards. He also relied upon the judgment in Dr. Ashwani Kumar v. union of India (Writ Petition(s)(Civil) No(s).193/2016), dated 04.08.2020, wherein the Hon'ble Supreme Court directed that all old age people who are eligible for pension should be regularly paid pension and those identified older people should be provided necessary medicines, masks, sanitizers and other essential goods by respective States. It is also categorically held by the Hon'ble Supreme Court in the said judgment that the care givers Sl. OFFICE No. DATE ORDER NOTE

of the old age homes should be provided personal protection and appropriate sanitization should also be undertaken in the old age homes.

In reply thereto, learned Government Pleader Mr. Suman submits that the inmates of old age homes are being vaccinated and that the context of Newspaper clipping will be enquired into and appropriate action would be taken, if there is any shortfall in that regard.

In the memo that is filed by the State Government today, it is stated that the Government of India vide letter dated 06.05.2021 has issued standard operating procedures for Covid-19 vaccination and according to SOP, 7 photo identity cards were directed to be taken into consideration for administering the vaccine and not just Aadhar Card. It was also specifically stated in the said SOP that persons including nomads, prison inmates, inmates in Mental Health Institutions, citizens in Old Age homes, road side beggars, people residing in rehabilitation centers/camps have to be administered the vaccine even if they do not have any of the 7 photo identity cards. It is stated that the said SOP has been circulated to all the District Collectors and Nodal officers and to all those concerned officers who are in-charge of the vaccination centers. It is specifically stated in the said memo that the citizens in Old Age Homes are not being denied vaccination on any grounds whatsoever and even if they do not possess Aadhar Cards they are being vaccinated.

As the elderly people need to be taken care on priority basis, we direct the State Government to see that all the inmates of the Old Age Homes, whether they are run by the Government or by private personnel, should be vaccinated as expeditiously as possible, preferably within a period of three (3) days without insisting for Aadhar cards.

When the matter was taken up on last occasion, a suggestion was made by the Bench to consider inclusion of multi system inflammatory syndrome in children under Arogyasree scheme. Today, learned Government Pleader Mr. Suman submits that steps are being taken to include Covid related diseases in children under Arogyasree Scheme. He undertakes to file relevant GO by the next date of hearing.

List the matter on 16.06.2021 for filing compliance report by the State Government.

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                   THE HONOURABLE SMT JUSTICE
                      KONGARA VIJAYA LAKSHMI



                             JUSTICE D RAMESH
             nsr