Naima Pallabi vs Department Of Health And Family ...
2020 Latest Caselaw 152 Del

$~20

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Date of Decision: 10.01.2020
+      W.P.(C) 177/2020
       NAIMA PALLABI                           ..... Petitioner
                    Through: Mr. Siddharth Seem & Ms. Hetvi
                    Patel, Advs.


                          versus


       DEPARTMENT OF HEALTH AND FAMILY WELFARE AND
       ORS.                                     ..... Respondents
                   Through: Mrs. Suparna Srivastava & Ms. Nehul
                   Sharma, Advs. with Mr. Mohit Bhardwaj, GP for
                   R-2 & R-3
                   Mr. Sanjoy Ghose, ASC with Ms.Urvi Mohan,
                   Mr.Rhishabh Jetly & Mr. Naman Jain, Advs. for
                   GNCTD

       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                                   JUDGMENT

D.N. PATEL, CHIEF JUSTICE (ORAL)

1. This so-called Public Interest Litigation has been preferred with the following prayers:

"a) Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondents to immediately ensure the availability and accessibility of all the services through Adolescent Friendly Health Clinics christened as DISHA clinics in Delhi as envisioned and the realization of the objectives as have been mandated under the Rashtriya Kishor Swasthya Karyakram (RKSK) program, 2014 to all adolescents as per the Standard operating procedures for DISHA clinic free of cost at Raghubir Nagar, Shastri Park, Seelampur, Yamuna Vihar Gokulpuri, Tis Hazari, Jangpura parts of Delhi in specific and also to the National Capital Territory of Delhi where such facilities are not made available.

b) Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondents to expedite the process of the establishment of 20 new Adolescent Friendly Health Clinics in the form of DISHA clinics in NCT of Delhi where such clinics have not been established to date in the FY 2018- 19 as per the reply of an RTI dated 11.10.18.

c) Issue a writ of Mandamus or any other appropriate writ order or direction to the Respondents to give a detailed status report of the implementation of the Rashtriya Kishor Swasthya Karyakram (RKSK) through Adolescent Friendly Health Clinics christened as DISHA clinics and the number and functioning of these clinics for the FY 2014-15, 2016-17 and 2018-19.

d) Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondents to immediately ensure the availability of professional counselors and impart formal trainings to the Counselors, ANN, ASHA and Peer Groups in line with peer educator training strategy as mandated under the guidelines/schemes of the Rashtriya Kishor Swasthya Karyakram (RKSK), 2014 by the Ministry of Health and Family Welfare, Government of India.

e) Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondents to make the Rashtriya Kishor Swasthya Karyakram (RKSK), 2014 Scheme a reality by creating massive awareness to all adolescents, parents,

schools, community members/ leaders and other stakeholders as mandated by RKSK scheme.

f) Issue a writ of Mandamus or any other appropriate writ, order or direction to the Respondents to ensure the implementation of Menstrual Hygiene Scheme under ARSH scheme to be made available in DISHA clinics for all adolescent girls.

g) Issue a writ of Mandamus or any other appropriate writ, order or direction to the Respondents to ensure the implementation of proper infrastructure facilities for making Adolescent Friendly Health Clinics (AFHCs) adolescent friendly.

h) Issue a writ of Mandamus or any other appropriate writ, order or direction to the Respondents to ensure the facilitation of minimum human resources required for Adolescent Friendly Health Clinics (AFHCs).

i) Issue a writ of Mandamus or any other appropriate writ order or direction to the Respondents to give the detailed status report of Peer educators. Counsellors and any other appointed officials working in DISHA Clinics across NCT Delhi.

j) Issue any such other and suitable order/orders as this Hon'ble Court may deem fit and necessary in the facts and circumstances of the case and in the interest of justice;"

2. Having heard the learned counsel appearing for both the sides and looking to the facts and circumstances of the case, it appears that the petitioner has ventilated his grievances by way of various representations made to the respondents which are annexed as Annexures P-5, P-9, P-10 and P-11 to the memo of this writ petition. In view thereof, we hereby direct that these representations shall be considered by the respondents in accordance with law, rules, regulations and Government policies applicable to the facts of the present case and if need arise they will also hear the petitioner. Thereafter, if any action is required to be taken for redressal of

the grievances of the petitioner, the same shall be taken by the respondents promptly.

3. With the aforesaid observations, this writ petition is hereby disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J

JANUARY 10, 2020 ns