Jharkhand High Court
Court On Its Own Motion vs State Of Jharkhand & Ors. on 12 April, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 1301 of 2020
Court on its own motion Versus State of Jharkhand & Ors.
with
W.P. (PIL) No. 1302 of 2020
The Court on its own motion on the letter of Arun Kumar Dubey
Versus
The State of Jharkhand
with
W.P. (PIL) No. 1308 of 2020
Court on its own motion Versus The State of Jharkhand
with
W.P. (PIL) No. 2328 of 2020
Rajeev Kumar ...... Petitioner
Versus
State of Jharkhand & Anr. ...... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner : Mr. Rajendra Krishna, Advocate
(W.P. (PIL) No. 1301 of 2020)
: Mr. Rajeev Kumar, (in person)
(W.P. (PIL) No. 2328 of 2020)
For the State : Mr. Sachin Kumar, AAG-II
For the UOI : Mr. Rajiv Sinha, ASGI
For the RIMS : Dr. Ashok Kumar Singh, Advocate
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Oral Judgment:
Order No.25/Dated: 12th April, 2021
1. With consent of the parties, hearing of the matter has been done
through video conferencing and there is no complaint whatsoever regarding
audio and visual quality.
2. Reference may be made to the order dated 09.04.2021. Two affidavits
have been filed. One by the Civil Surgeon, Ranchi and another by the
Director, RIMS.
3. We have gone through the averments made in the aforesaid affidavits
as also gone through the order passed by us on 09.04.2021. We are not
satisfied with the affidavits filed by the Civil Surgeon, Ranchi and another
by the Director, RIMS.
So far as affidavit filed by the Civil Surgeon, Ranchi is concerned, he
has not filed affidavit in pursuant to the order dated 09.04.2021 wherein this
Court has directed the Civil Surgeon, Ranchi, as under Paragraph-8, which
reads hereunder as:
8. Let him file a detailed affidavit in this regard today itself as to
how many samples he has received since 5th of April, 2021 and
how many samples were sent to different institutions like RIMS and
other private Institutions for testing of Corona-19 under RTPCR
mode and not TRUENAT mode and how many samples are still
lying at the office of the Civil Surgeon. A chart showing daily detail
should be filed along with the affidavit. The Civil Surgeon has tried
to impress upon us that RIMS and Thyrocare are refusing to take
samples but the Director, RIMS who is also present before us
through video conferencing mode, on the basis of the information
received by the Professor of 4 Microbiology, RIMS, has stated
before us that RIMS has not refused any samples rather RIMS is
demanding the samples.
But, in the aforesaid affidavit no date wise chart has been filed
regarding samples which were sent to different institutions like RIMS and
other private institutions since 05.04.2021.
4. In view thereof, let a fresh affidavit be filed by the Civil Surgeon,
Ranchi giving details about the samples which were sent to different
institutions like RIMS and other private institutions since 05.04.2021.
5. So far as affidavit to be filed by the Director, RIMS are concerned, it
would be evident from paragraph-3 of the order dated 09.04.2021, which
reads hereunder as:
"3. The Director, RIMS is saying that after taking charge of the
post he has started putting the house in order. Very well; let him do
so. But there should not be a five year plan for doing that.
Immediate action is required and immediate purchase of more and
more RTPCR machines is required and sufficient number of posts
of Technician and Scientist are required immediately for which a
decision should be taken by the Governing Body at the earliest. It is
stated by the Director, RIMS that he has sought time from the
Minister In-charge who is also a Member of the Governing Body so
that the date of Governing Body's meeting could be fixed."
No averments has been made in the affidavit filed by the Director,
RIMS regarding meeting of the Governing Body for taking decision of
purchase of RTPCR machines and requirement of sufficient number of posts
of Technicians and Scientists.
The Secretary, Health Department has apprised to this Court that no
such proposal has been made by the Director, RIMS.
However, he has assured to this Court that he will convey to the
Minister In-charge for convening a meeting in the Governing Body for
taking early decision and will update about the same on the next date of
hearing.
He further submits that so far as the purchase of C.T. Scan machine is
concerned, the Director, RIMS has sent a proposal before the RIMS which
has been approved and thereafter, it has been sent before the Finance
Committee wherein the proposal has been approved and now the same has
been placed before the Cabinet Co-ordination Committee for post facto
approval of purchase of C.T. Scan Machine.
As such, the Secretary, Health is directed to apprise this Court about
update of purchase of C.T. Scan Machine on the next date of hearing.
6. The Head of the Department of Microbiology, RIIMS is directed to
apprise this Court by way of an affidavit about cut-off for the CT value for
Covid-19 rauges, basis upon which the RT-PCR Report is being prepared.
7. Accordingly, let these matters be posted tomorrow i.e. 13.04.2021 as
the first case on the top of the list.
8. All the concerned officers, Secretary, Health and Family Welfare
Department, Director, RIMS and Civil surgeon, Ranchi, Deputy
Commissioner, Ranchi including Additional Municipal Commissioner
Ranchi, as it is informed that Municipal Commissioner, Ranchi is infected
from Covid-19, shall remain present on-line on the next date of hearing also
with necessary information.
Personal appearance of the Professor of Microbiology, RIMS is
dispensed with for the present.
(Dr. Ravi Ranjan, C.J.)
(Sujit Narayan Prasad, J.)
Saket/-
A.F.R.
