Uttarakhand High Court
WPPIL/51/2020 on 28 July, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH
CHAUHAN
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
Writ Petition (PIL) No. 58 of 2020
Writ Petition (PIL) No. 97 of 2019
Writ Petition (PIL) No. 50 of 2020
Writ Petition (PIL) No. 51 of 2020
Writ Petition (PIL) No. 67 of 2020
Writ Petition (PIL) No. 70 of 2020
Writ Petition (PIL) No. 61 of 2021
Writ Petition (PIL) No. 71 of 2021
Writ Petition (PIL) No. 72 of 2021
Writ Petition (PIL) No. 77 of 2021
Writ Petition (PIL) No. 90 of 2021
28TH JULY, 2021
Mr. Shiv Bhatt, the learned counsel for the petitioner in WPPIL
No. 58 of 2020 and WPPIL No. 77 of 2021.
Mr. Piyush Garg, the learned counsel for the petitioner in WPPL
No.51 of 2020.
Mr. Dushyant Mainali, the learned counsel for the petitioner in
WPPIL No. 50 of 2020.
Mr. Abhijay Negi, the learned counsel for the petitioner in WPPIL
Nos.97 of 2019, 67 of 2020, and 72 of 2021.
Ms. Snigdha Tiwari, the learned counsel for the petitioner in
WPPIL No.71 of 2021.
Mr. Sandeep Tiwari, the learned counsel for the petitioner in
WPPIL No.61 of 2021.
Mr. Arjun D. Singh, the petitioner party-in-person in WPPIL No.
90 of 2021.
Mr. S.N. Babulkar, the learned Advocate General assisted by Mr.
C.S. Rawat, the learned Chief Standing Counsel for the State of
Uttarakhand.
Mr. Rakesh Thapliyal, the learned Assistant Solicitor General for
the Union of India.
Mr. Sandeep Tandon, the learned counsel for the CBI.
COMMON ORDER:(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)
In pursuance of the order dated 07.07.2021,
Dr. S.S. Sandhu, the learned Chief Secretary, Mr. Amit
Negi, the learned Secretary, Medical Health and Family
Welfare, Mr. Dilip Jawalkar, the learned Secretary,
Department of Culture & Religious Affairs, and Mr. S.A.
Murugesan, the learned Secretary, Disaster
Management are present before this virtual Court
through video conferencing.
2. Mr. S.A. Murugesan, the learned Secretary,
Disaster Management, Government of Uttarakhand has
submitted an affidavit on behalf of the learned Chief
Secretary. Mr. Amit Negi, the learned Secretary,
Medical Health and Family Welfare has submitted two
affidavits, and Mr. Dilip Jawalkar, the learned
Secretary, Department of Culture & Religious Affairs
has also submitted an affidavit. All the affidavits shall
be taken on record.
2
3. In the affidavit filed by Mr. S.A. Murugesan,
he informs this Court that in total there are 8,590
Isolation Centres which have been established in
panchayat ghar, community centres, dharmashalas,
multi-purpose halls, schools etc. throughout the State.
These Isolation Centres have about 24,258 beds. In the
affidavits, he has also provided a district-wise
breakdown with regard to the number of Isolation
Centres, and with regard to the number of beds.
4. He further submits that by order dated
12.07.2021
, the State Government had directed the
district administration to analyze the influx of tourists
during the weekends at the tourist spots in their
respective districts, and to cap the number of persons
permitted to visit such tourist destinations keeping in
mind its capacity and its geographical conditions.
Moreover, the district administration was directed to
ensure strict compliance of COVID Appropriate
Behavior. Therefore, in pursuance of the said order, the
District Magistrates of all the districts have issued the
necessary orders to regulate the influx of tourists. The
same was given wide publicity for the benefit of
tourists.
5. A bare perusal of the affidavit clearly reveals
that in Dehradun district and in Haridwar district, there
are only 433 and 480 Isolation Centres respectively.
Surprisingly, in district like Pauri Garhwal, there are
larger number of Isolation Centres as Pauri Garhwal
has 1,278 isolation centres. Therefore, this Court has
asked a pointed query to Mr. S.A. Murugesan whether
the number of Isolation Centres established and
functioning at Dehradun and Haridwar districts are
sufficient or not? To this pointed query, Mr. S.A.
Murugesan submits that since Dehradun and Haridwar
districts have sufficient medical health infrastructure,
the number of Isolation Centres is presently kept at the
numbers indicated above. However, as and when the
requirement increases, in case, the State were to
undergo the third wave of COVID-19 pandemic, the
number of Isolation Centres would certainly be
increased in Dehradun and Haridwar districts.
6. Although, in the affidavit, Mr. S.A. Murugesan
claims that the District Magistrates have issued
instructions for regulating the influx of tourists, the
instructions so issued are not available in the Court file.
Therefore, he is directed to submit before this Court the
directions so issued by the respective District
Magistrates of all the districts.
7. Moreover, according to the media report, and
according to the large number of tourists pouring into
Nainital, it is rather obvious that too many tourists are
coming to the hill stations. Due to the large influx of
tourists, the SOP for Covid Appropriate Behaviour is
observed more in breach, than in adherence. Yet the
entire affidavit is silent with regard to the steps which
are required to be taken by the police against the
erring tourists. Therefore, this Court directs Mr. S.A.
Murugesan to ensure that Mr. Amit Sinha, the learned
Inspector General/Nodal Officer, Police Headquarter,
submits his affidavit with regard to the steps taken by
the police while dealing with the erring tourists. For, no
one can be permitted to violate the Covid Appropriate
Behaviour to jeopardize the lives of the local
population.
8. Another affidavit has been submitted by Mr.
Amit Negi, the learned Secretary, Medical Health and
Family Welfare. According to Mr. Amit Negi, the State is
following the guidelines issued by the Government of
India in June, 2021 regarding operationalisation of
COVID Care Services for Children and Adolescents.
According to the guidelines, "National and International
data of the first and second wave of COVID-19
indicated a maximum of 2-3% of such children
requiring hospitalization. However, to meet the surge of
India, we need to be ready for a little higher number
and for an indicative projection, a figure of 5% of
children with COVID have been estimated to be
requiring hospitalization".
9. Moreover, a complete chart has been given in
the guidelines in order to indicate the level of
preparedness that is required for each State. According
to the data, at the peak, there were about 10,000
cases which were reported in Uttarakhand. Therefore,
according to the table given in the said guidelines, the
total number of beds required for children at the peak
of the surge would be 600; the total number of ward
beds required for children would be 360; and the total
number of High Dependency Unit (HDU)/Intensive Care
Unit (ICU) beds required for children would be 240.
10. Mr. Amit Negi informs this Court that taking
the guidelines issued by the Central Government as the
basis, but simultaneously, expecting the larger number
of children who may be adversely affected by COVID-
19 virus, the State Government has ensure that there
are 1,945 pediatric oxygen beds, and 739 NICU/PICU
beds earmarked for children in the State. Thus,
according to him, the State is well-equipped to tackle
any challenge that may come in its way in the wake of
the third wave of COVID-19 pandemic. He further
informs this Court that, presently, the number of
COVID-19 cases in the State is on the decline.
Moreover, the difficulty that arose in the past due to
the spread of black fungus is also on the decline. As far
as the availability of ambulances is concerned, Mr. Amit
Negi, informs this Court that there are 272 ambulances
in the Dial-108 Emergency Service. Out of these, 54
ambulances are Advanced Life Support (ALS)
Ambulances, and the remaining 218 are the Basic Life
Support (BLS) Ambulances in the State.
11. Furthermore, considering the fact that more
ALS ambulances may be required for the benefit of the
people, Mr. Amit Negi, informs this Court that the State
Government has already sent requisition and a proposal
to the Central Government for buying 41 more ALS
ambulances. However, the Central Government is yet
to take a decision on whether it will permit the State to
buy, or to outsource these 41 ALS ambulances.
12. Mr. Amit Negi, further submits that since
there is a large number of vacancies in the cadre of
Medical Officers, the selection process has already
commenced. So far, 451 Medical Officers have been
selected, out of which 250 Medical Officers have
already joined their duties. The rest of them have yet
to join their duties.
13. As far as the availability of vaccines is
concerned, Mr. Amit Negi, submits that only yesterday
the State has received three lakhs vaccines from the
Central Government. Therefore, the State is well-
equipped to vaccinate its people. Furthermore, as and
when the requirement arises, the State shall send
requisition for sufficient number of vaccination to the
Central Government. According to him, the State has
"one of the best performances" in vaccinating its people
in the country. Thus, Mr. Amit Negi, submits that the
State is well-prepared to tackle the possible emergence
of the third wave of COVID-19 pandemic.
14. Mr. Shiv Bhatt, the learned counsel for the
petitioner in Writ Petition (PIL) No.58 of 2020 and Writ
Petition (PIL) No.77 of 2021, submits that despite the
fact that in the last order passed by this Court, this
Court had directed Mr. Amit Negi to reveal the number
of pediatric ventilators and pediatric wards, the said
figure have not been revealed in the affidavit filed by
Mr. Amit Negi.
Secondly, on the last occasion, Mr. Amit Negi
had admitted that about 300 samples have been sent
for testing to the National Centre for Disease Control,
wherein one sample of Delta plus variant was
discovered. The sample was from district Udham Singh
Nagar. However, there is no statement made by Mr.
Amit Negi whether any other Delta plus variant patient
has been discovered in the 300 samples sent by the
State, or not? Moreover, there is no indication in his
affidavit with regard to the possible number of Delta
plus variant virus in the State. According to Mr. Shiv
Bhatt, the learned counsel, the Delta plus variant has
already started emerging as a threatening virus. In
Maharashtra, certain number of cases of Delta plus
variant has been discovered, yet there is no information
whether the variant has reaching the State of
Uttarakhand, or not?
Thirdly, although the process of selection
may be initiated by the State, but according to the data
furnished by the State itself, there are large numbers of
vacancies in different cadres of Medical Health
Department. According to the data released by the
State, there are about 1,253 vacant posts of Medical
Officers, 349 posts of Staff Nurse, 169 posts of
Laboratory Technicians, and 547 posts of Female
Health Workers (ANMs). According to the learned
counsel, the Staff Nurses, Laboratory Technicians, and
the Family Health Workers form the bedrock of the
Health Care System. Due to the large number of vacant
posts in these three different cadres, the Health Care
System continues to be a weak one. Therefore, even if
451 Medical Officers have been selected, in the absence
of the essential staff, even these Medical Officers will be
ineffective in treating the COVID-19 patients.
Therefore, Mr. Shiv Bhatt, the learned counsel prays
that the selection process for the different posts should
be initiated immediately.
15. Mr. Abhijay Negi, the learned counsel for the
petitioner in Writ Petition (PIL) No. 97 of 2019, submits
that although the State Government had made a public
announcement that it is increasing the stipend being
paid to the intern Doctors, according to the affidavit
filed by Mr. Amit Negi, the matter relating to the
amount to be paid to the intern Doctors is "still under
consideration of the Government". Therefore,
according to Mr. Abhijay Negi, the learned counsel, the
intern Doctors continue to be paid as low as Rs. 7,500/-
per month, which is far less than the stipend being paid
to their counterparts in the State of Himachal Pradesh,
where the stipend is about Rs. 17,500/-. Moreover,
since the intern Doctors are at the forefront of the
frontline workers for treating COVID-19 patients, until
and unless the stipend is phenomenally increased, the
intern Doctors will continue to suffer financially,
physically and psychologically. Therefore, the learned
counsel submits that the stipend should be increased
immediately by the State Government.
16. He further points out that even the measly
sum of Rs. 7,500/- per month is not being paid on a
timely basis. The stipend for the month of June, 2021
has been released only recently in the month of July,
2021. Therefore, the intern Doctors continue to suffer
both a financial crisis, and the social stigma. According
to the learned counsel, the State is being highly unfair
with the intern Doctors.
17. The learned counsel further points out that
despite the existence of the Uttarakhand Anti-Littering
and Anti-Spitting Act, 2016, the said Act is not being
implemented by the Nagar Palikas, the Municipal
Corporations and the Municipalities for ensuring
hygienic conditions of the towns and villages. Despite
the fact that Section 9 of the said Act contains a penal
provision, the said penal provision is not being
implemented. Consequently, the towns and cities in
the State continue to be both unhygienic and unclean.
The unhygienic and unclean condition would further
aggravate not only the emergence of the third wave of
COVID-19, but would also give rise to other diseases
during the monsoon season. Therefore, the learned
counsel prays that the State Government should be
directed to implement the provisions of the said Act
strictly through its competent agencies.
18. The learned counsel further submits that
there is a vaccination hesitancy in the minds of the
people due to superstition or misinformation.
Therefore, in order to remove the superstition or
misinformation, the State Government must inspire and
motivate the people to undertake the vaccination.
19. Furthermore, there is no incentive scheme
launched by the State Government, which will applaud
those entities, which continue to abide by the SOPs.
Since, there is no encouragement or appreciation by
the State Government of those entities, which do abide
by the SOPs, such followers of SOPs are disheartened
when they see others, who are going scot-free while
they violate the SOPs. Therefore, according to the
learned counsel, an incentive scheme should be framed
by the State Government so as to encourage more and
more entities such as Restaurants, Hotels, Cinema
Halls, Malls, Shopkeepers, etc. to follow the SOPs
throughout the State.
20. Ms. Singdha Tiwari, the learned counsel for
the petitioner in Writ Petition (PIL) No. 71 of 2021,
submits that although the affidavit filed by Mr. Amit
Negi claims that the district administration is taking
substantial steps for vaccinating the physically
challenged people, there is no evidence to establish the
said plea. Moreover, while dealing with those persons,
who are totally paralyzed, by establishing "Near to
Home Vaccination Centres" their vaccination cannot be
achieved. For, those, who are paraplegic would not
even be in a position to leave their homes, and to
report to the "Near to Home Vaccination Centres".
21. The learned counsel further submits that
although it is claimed that camps are being held for the
benefit of the physically challenged people, since the
camp dates are not announced in advance, many of the
physically challenged persons do not even know that a
camp is being launched by the State. Therefore, the
learned counsel submits that the camp dates should be
announced well in advance through the local media,
both print and electronic, so that the physically
challenged persons would be informed well in advance
about the dates, the place and the time of the camps.
22. Mr. Arjun D. Singh, the petitioner-in-person
in Writ Petition (PIL) No. 90 of 2021, informs this Court
that, by the order dated 25.07.2021, the State
Government has withdrawn the requirement that 25%
of the beds in the private hospitals should be reserved
for the weaker sections of the society. According to
him, this is a retrograde step. With the possibility of
the third wave hitting the State in the second or third
week of August, 2021, the said order should never
have been passed. For, in case the third wave were to
strike in August, 2021, again large number of beds
would be required for the benefit of those who are
financially weak. Therefore, he prays that the State
Government should be directed to reconsider its
decision, and to recall the order dated 25.07.2021.
23. The petitioner-in-person has further relied on
the "Performance Audit Report of the Comptroller and
Auditor General of India on District Hospital Outcomes
for the year ended 31st March 2019". This is Report No.
1 of the year 2021 published by the Government of
Uttarakhand. While dealing with the conditions and
availability of the Ambulances, the report states that
"as per IPHS, a district hospital is required to have
three running Ambulances with well-equipped Basic Life
Support (BLS). It should be desirable to have one
Advanced Life Support (ALS) Ambulance. The
serviceability and availability of equipment and drugs in
Ambulances are required to be checked on a daily
basis". However, the report has pointed out glaring
lacunae with regard to the Ambulances which are
attached to the District Hospitals. For example, the
"Ambulances, which were attached to the District
Hospital, Almora, Joint Hospital, Udham Singh Nagar,
District Female Hospital, Haridwar, and District
Hospital, Haridwar were used for multiple purposes
such as delivery of mails, electricity bill payments, and
attending Court cases." In fact, "none of the test
checked hospitals had three running Ambulances with
well-equipped BLS". Furthermore, the "Ambulance with
ALS was not available in any of the test checked
hospitals." "The available Ambulances were running
with expired fitness, insurance and pollution
certificates, which are mandatory for the operation of a
vehicle." The available vehicles were not provided with
adequate technicians, as required under the IPHS.
Even the oxygen cylinders were being operated by the
Ambulance drivers, rather than by technicians, as
required under the procedure. Moreover, these
Ambulances were not even parked near the Emergency
Ward, as required by law. Thus, according to the
learned counsel, the Ambulances attached with the
Hospitals need to be reviewed, their performance
capacity, capability and preparedness needs to be
examined.
24. Moreover, in the affidavit filed by Mr. Amit
Negi, while the affidavit deals with 108 Ambulances
fleet, it is totally silent about the Ambulances attached
to the District Hospitals. Therefore, the petitioner-in-
person prays that a direction should be issued to the
State Government to examine the availability and
preparedness of the Ambulances attached with the
District Hospitals, and in case any lacunae is
discovered, the same should be filled up by the State
Government as expeditiously as possible.
25. Considering the facts mentioned
hereinabove, considering the different pleas raised, and
the submissions made by the different learned counsel,
this Court directs the State Government and the
learned Secretaries as under :-
(i) Mr. Amit Negi, the learned Secretary,
Medical Health and Family Welfare, is
directed to inform this Court with regard to :
(a) the availability of paediatric ventilators
and paediatric wards available in the
Government Hospitals; (b) with regard to the
steps taken, if any, for filling up the
vacancies of Staff Nurses, Lab Technicians,
Female Health Workers (ANMs), and the
present status of the selection process, if
already initiated; (c) with regard to either the
presence, or the discovery of the Delta Plus
variant in the State; and (d) with regard to
the 300 samples, which were sent to the
NCDC lab at Noida, and whether any case of
Delta Plus variant has been discovered in
those 300 samples, or not?
(ii) The State is directed to take a decision
with regard to the increase in the stipend of
the intern Doctors as expeditiously as
possible, and preferably before the next date
of this case. Moreover, the State is directed
to ensure that the stipend is paid to the
intern Doctors on time, rather than with
delay.
(iii) The State is further directed to enforce
the Uttarakhand Anti-Littering and Anti-
Spitting Act, 2016, and to issue the
necessary directions for the implementation
of the same for the benefit of the competent
authorities under the Act.
(iv) The State is directed to initiate a
campaign for removing any superstition,
suspicion, or misinformation that people may
have with regard to vaccination for COVID-
19. Simultaneously, the State is directed to
increase the number of vaccinations being
carried out throughout the State.
(v) The State is directed to instruct all the
District Magistrates to discover the number of
physically challenged persons within their
jurisdiction, who may be unable to come to
the "Near to Home Vaccination Centres". As
and when such persons are discovered by the
District Magistrates, it shall be the duty of the
concerned District Magistrate to ensure that
those physically challenged persons, who
cannot possibly leave their homes, are
inoculated by the medical staff at their
homes. The steps so taken by the District
Magistrates shall be informed to this Court by
the next date. Moreover, the District
Magistrates are directed to ensure that in
case any camps were to be held for the
benefit of the physically challenged persons,
the date, the time, and the place is informed
well in advance to the community at large by
the use of print and electronic media. The
necessary arrangements at the camps should
be made to ensure that comfortable
accommodation is provided to the physically
challenged persons, and their other needs
such as food, water and availability of toilets
are met by the Civil Administration, or by the
Medical Health Department.
(vi) The State is also directed to reconsider
its decision of withdrawing the 25%
reservation of beds in the private Hospitals
for the weaker sections of the society.
Therefore, the State should reconsider
whether it should withdraw the order dated
25.07.2021, or not?
(vii) Mr. Amit Negi, the learned Secretary,
Medical Health and Family Welfare, and the
State are directed to consider the Audit
Report vis-à-vis the condition, the capacity,
and the lack of infrastructure of the
Ambulances, which are attached with the
District Hospitals. Mr. Amit Negi should also
inform this Court with regard to the steps
taken for filling up the lacunae pointed out in
the Audit Report by the next date.
26. Mr. Shiv Bhatt, the learned counsel for the
petitioner in Writ Petition (PIL) No. 58 of 2020, has filed
an application, wherein he has sought the continuation
of the Stay Order dated 28.06.2021 passed by this
Court, whereby this Court had stayed the opening of
the Char Dham Yatra. The learned counsel submits
that since the stay was granted by this Court only for a
period of four weeks, and since the said period of four
weeks is over today, the SLP filed by the State
Government, against the said order, before the Hon'ble
Supreme Court has become infructuous. Moreover, as
the stay period ends today, he prays that since the
conditions continue to be as hazardous as ever, and
considering the fact that even the Central Government
and the ICMR are constantly speaking about ensuring
that people do not congregate in large numbers for
religious purposes, he submits that the Stay Order
dated 28.06.2021 should be continued by this Court.
27. On the other hand Mr. S.N. Babulkar, the
learned Advocate General for the State, submits that
the SLP filed by the State, against the Stay Order dated
28.06.2021, has not become infructuous even by efflux
of time. Furthermore, he submits that the State would
not have any objection if the stay were to continue till
the Hon'ble Supreme Court decides the SLP.
28. Heard Mr. Shiv Bhatt, the learned counsel for
the petitioner in Writ Petition (PIL) No. 58 of 2020 and
Mr. S.N. Babulkar, the learned Advocate General for the
State.
29. Admittedly, an SLP has been filed by the
State against the Stay Order dated 28.06.2021, which
is presently pending before the Hon'ble Supreme Court.
Considering the concession made by Mr. S.N. Babulkar,
the learned Advocate General for the State, this Court
directs that the Stay Order dated 28.06.2021 shall
continue till the Hon'ble Supreme Court pronounces its
judgment in the said SLP.
30. Dr. S.S. Sandhu, the learned Chief Secretary,
Mr. Amit Negi, the learned Secretary, Medical Health
and Family Welfare, Mr. Dilip Jawalkar, the learned
Secretary, Department of Culture & Religious Affairs,
and Mr. S.A. Murugesan, the learned Secretary,
Disaster Management are directed to be present in the
hybrid Court, through video conferencing, on the next
date.
31. List all these cases on 18.08.2021.
_____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
___________________
ALOK KUMAR VERMA, J.
Dt: 28th July, 2021
RAHUL
