Dr.Wills Janardhanan vs State Of Kerala
2021 Latest Caselaw 19248 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                  WP(C) NO. 14448 OF 2021
PETITIONERS:

          DR.WILLS JANARDHANAN
          EDAYILEPARAMPIL, MYLAPRA TOWN P.O.,
          PATHANAMTHITTA, KERALA 689 678
          WORKING AS PROJECT CO-ORDINATOR,
          SIDBI INNOVATION AND INCUBATION CENTRE,
          INDIAN INSTITUTE OF TECHNOLOGY KANPUR,
          UTTAR PRADESH, INDIA.
          BY ADVS.
          M.T.SURESHKUMAR
          R.RENJITH
          SMITHA PHILIPOSE
          N.BIJA KRISHNA
          DARSAN SOMANATH
          SREELAKSHMI SABU
          RAFEEZ NOOH


RESPONDENTS:

    1     STATE OF KERALA
          REP. BY THE ADDITIONAL CHIEF SECRETARY,
          DEPARTMENT OF HEALTH AND FAMILY WELFARE,
          6TH FLOOR, SECRETARIAT,
          ANNEXE-II, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001
    2     DIRECTOR OF MEDICAL EDUCATION
          MEDICAL COLLEGE,
 W.P.(C) No.14448 of 2021        2


            MEDICAL COLLEGE KUMARAPURAM RD, CHALAKKUZHI,
            THIRUVANANTHAPURAM, KERALA 695 011
            BY ADVS.
            SHRI.N.MANOJ KUMAR, STATE ATTORNEY
            SRI.P.G.PRAMOD, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 14.09.2021, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.14448 of 2021                 3


                    W.P.(C) No.14448 of 2021
              -----------------------------------------------

                             JUDGMENT

The grievance voiced by the petitioner in the writ

petition concerns the delay on the part of the State

Government in taking a decision on Ext.P3 representation

submitted by the petitioner.

2. The petitioner is a scientist doing research with

the support and funding of Biotechnology Industrial Research

Assistance Council. It is stated that the petitioner is trying to

develop a diagnostic kit to identify Tiger Moth Disease from

infectious viral fevers. The petitioner has approached the first

respondent seeking permission and assistance to collect

discarded blood samples of fever patients collected at various

Public Health Centers, Regional Health laboratories and District

Hospitals in the State. Ext.P3 is the representation addressed

by the petitioner in this regard to the Government. The writ

petition is instituted alleging that Ext.P3 is not being

considered by the Government.

3. In terms of the interim order passed by this

court on 26.07.2021, a statement has been filed on behalf of

the Government stating, among others, that a decision in this

regard can be taken by the Government only on the

recommendation of the Institutional Ethics Committee attached

to Government Medical College, Thiruvananthapuram. It is also

stated in the statement that in order to make appropriate

recommendations, the Institutional Ethics Committee needs the

particulars mentioned in the statement. It is further stated that

if the petitioner furnishes the particulars mentioned in the

statement, the claim of the petitioner would be considered.

4. Heard the learned counsel for the petitioner as

also the learned Government Pleader.

5. The particulars required from the petitioner as

mentioned in the statement read thus:

"a) A complete and detailed protocol to the Institutional Research Committee and IEC of this institute with all relevant documents and sanctions.

b) Specify the number of samples intended to be collected and its source.

c) Make appropriate arrangements for do identifying (anonymising), the samples thus collected.

d) Provide an affidavit to the extent that the samples collected will be used exclusively for the purpose mentioned and the remaining discarded."

The learned counsel for the petitioner submits that the

petitioner would be happy to provide the particulars aforesaid

to the Institutional Ethics Committee attached to the

Government Medical College, Thiruvananthapuram.

In the circumstances, the writ petition is disposed of

directing the petitioner to furnish the particulars aforesaid to

the Institutional Ethics Committee attached to the Government

Medical College, Thiruvananthapuram, within a week. It is also

directed that the Institutional Ethics Committee attached to

Government Medical College shall, within two weeks thereafter,

consider the same and make appropriate recommendation to

the Government. Needless to say that on receipt of the

recommendation from the Institutional Ethics Committee, the

Government shall take appropriate decision within ten days

thereafter.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV

APPENDIX OF WP(C) 14448/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MINISTER OF HEALTH AND FAMILY WELFARE OF THE STATE DATED 25/9/2019 Exhibit P2 TRUE COPY OF THE RESEARCH ARTICLE PUBLISHED ON 13/4/2016 Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 1/7/2021 AND THE DELIVERY DETAILS OF THE CONSIGNMENT VIDE INDIA POST Exhibit P4 TRUE COPY OF THE EMAIL COMMUNICATION BETWEEN THE PETITIONER AND THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE Exhibit P5 TRUE COPY OF THE ARTICLE PUBLISHED IN DOWN TO EARTH MAGAZINE SEPTEMBER 16-30, 2016.