Rajasthan High Court - Jodhpur
Ramniwas Daga vs State Of Rajasthan on 18 November, 2021
Bench: Vijay Bishnoi, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 7535/2021
1. Ramniwas Daga S/o Shri Gopi Kishan Daga, Aged About
40 Years, Resident Of Parikon Ki Bagechi Ke Paas,
Chandpole, Jodhpur (Rajasthan).
2. Gajendra S/o Shri Jiya Ram, Aged About 62 Years,
Resident Of Meghwal Basti, Raghunath Ki Bawadi Ke Paas,
Chandpole Bahar, Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through The Chief Secretary Medical
And Health Department, Secretariat, Jaipur.
2. The Director, Rajasthan Public Health And Medical
Department, Ministry Of Health And Family Welfare,
Government Of Rajasthan, Jaipur.
3. Additional Director (Administration), Medical And Health
Services, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Darshan Jain
Present in person : Mr. Ramniwas Daga
For Respondent(s) : Mr. Pankaj Sharma, AAG
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment / Order
18/11/2021
This writ petition has been filed by the petitioners as Public
Interest Litigation claiming following reliefs:-
"It is, therefore, humbly and respectfully prayed
that writ petition (P.I.L) filed by petitioners may kindly
be allowed and respondents may kindly be directed to
establish Covid Care Centers with adequate medical
facilities at every Panchayat for all districts in
Rajasthan and further respondents may kindly be
(2 of 3) [CW-7535/2021]
directed to fill the vacant post of Doctors and other
medical staff.
Any other appropriate order or direction, which
this Hon'ble Court considers just, fit and proper in the
facts and circumstances of this case, may kindly be
passed in favour of the public/petitioners."
In response of the writ petition, Mr. Pankaj Sharma, learned
AAG has filed a detailed reply on behalf of the State Government
wherein, efforts carried out by the State Government to deal with
the Pandemic and equipping the hospitals to deal with the Covid
patients have been mentioned. The relevant averments made in
the reply of the State Government are reproduced herein under:-
"iii. That the Medical & Health (Group-2), Government
of Rajasthan vide order dated 18.05.2021 directed for
appointment of Covid health Consultants and Covid Health
Assistants for giving services at Covid Consultation Centres
and for speeding up the work of home-to-home survey and
medicines distribution. The eligibility for Covid Health
Consultants as fixed by aforesaid orders is M.B.B.S and
registration with Rajasthan Medical Council. Services of as
many as 1000 (one thousand) persons have been engaged
as Covid Health Consultants under the order aforesaid and
26000 (twenty six thousand) persons have been engaged as
Covid health Assistants. The other details regarding the
working etc. Of these Covid Health Consultants and
Assistants was given in the order dated 18.05.2021 itself.
Initially these Covid Health Consultants and Covid Health
Assistants were engaged up to 31.07.2021 but
subsequently vide order dated 30.07.2021, the services of
Covid Health Consultants and Covid health Assistants were
extended til further orders. Copies of orders dated
18.05.2021 and 30.07.2021 are hereby respectively
produced and marked as Annexure-R/2&3.
iv. That further three categories of Dedicated Covid
Hospitals/Centers have been declared in the State. As many
as 56 District level hospital have been declared as
Dedicated Covid Hospitals (hereinafter referred as DCH), 47
hospitals as Dedicated Covid Health Center (hereinafter
referred as DCHC) and 81 Centers have been declared as
Dedicated Covid Centers (hereinafter referrd as DCCC). The
Dedicated Covid Hospitals were divided into three categories
wherein category-1st was with regard to establishment of
Dedicated Covid Hospitals from amongst District Level
(3 of 3) [CW-7535/2021]
hospitals; the Category-2nd was with regard to
establishment of Dedicated Covid Health Center from
amongst Community Health Centers and Category-3rd was
with regard to establishment of Dedicated Covid Care
Centers from amongst Primary Health Centers. A copy of
chart depicting details of these DCH, DCHC & DCCC along
with the facilities available there is hereby produced and
marked as Annexure-R/4. It is also mentioned here that
the dedicated COVID hospitals in State of Rajasthan also
includes the private hospitals which will be taking care of
covid affected peoples under supervision of State of
Rajasthan. These dedicated Covid dedicated hospitals,
health centers and care centers are not only equipped to
deal with the situation but the doctors are also deputed
there. Services of 1000 doctors, besides the regular cadre,
were taken and the same are continuing till further orders.
v. That further concrete and effective steps have been
taken by the State of Rajasthan especially for Rural Areas
and the same is hereby produced in the form of pointers in
a chart which is hereby produced and marked as
Annexure-R/5."
Having heard counsel for the petitioners as well as
Ramniwas Daga, the petitioner present in person, Mr. Pankaj
Sharma, learned AAG and after going through the averments
made in the reply of the State Government referred above, we are
satisfied that the State Government has taken appropriate
measures to deal with the Covid situation.
Mr. Pankaj Sharma, learned AAG has submitted that the
State Government is continuing to improve the infrastructure in
the Hospitals of the State of Rajasthan as per the need.
In view of the above, no further order is required to be
passed in this writ petition (P.I.L.) and the same is, hereby,
disposed of.
(ANOOP KUMAR DHAND),J (VIJAY BISHNOI),J
Surabhii/24-
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