Court On Its Own Motion vs State Of Nct Of Delhi And Ors

,

D.N. Patel, CJ",

Proceedings of the matter have been conducted through video conferencing.,

W.P.(C) 3250/2020 has been initiated by the Court on its own motion on the basis of the video clipping circulated through Mobile No.9971993060.,

Vide order dated 26.05.2020, suo moto cognizance was taken by this Court, especially about the inadequate arrangements to deal with patients of",

Covid-19 who require hospitalisation and treatment, including easy access to helplines, availability of beds, ambulances, etc.",

W.P.(C) 3376/2020 has been preferred as a Public Interest Litigation with the following prayers:,

i. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondent for",

ensuring that those Government and Private Hospital or Nursing home in the National Capital Territory that refuses emergent medical care,

to the person amid Covid-19 pandemic, an immediate action shall be taken against those defaulters.",

ii. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondent for ensuring,

that the Government and Private Hospitals shall not deny the admission of asymptomatic and symptomatic Covid-19 patient and complying,

with the order of the Respondent pertaining to the treatment and admission of asymptomatic and symptomatic or (COVID-19 and non-,

COVID-19) patients.,

iii. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondent for,

ensuring that Covid-19 test shall not be mandatory before admitting elective and even emergency patients by Government and Private,

Hospitals.,

iv. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondent for,

ensuring that Hospitals are not forcing Frontline health worker to wear used PPE.,

v. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondent for ensuring,

that hospitals are not charging high amount for PPE (beyond the actual cost) from patients, shall charge reasonable.",

vi. Pass any other appropriate Order or Direction as this Hon'ble Court may deem fit.""",

We have heard learned counsel for both the sides including counsel appearing for Indraprastha Apollo Hospital.,

Learned counsel appearing for Government of National Capital Territory of Delhi (hereinafter, “GNCTDâ€) has submitted in detail about the",

various steps taken by the GNCTD. Multiple affidavits have been filed during the course of these proceedings regarding the various facilities which,

have been put in place. It is inter alia stated therein as to how the respondent/Government has extended the centralised helpline 1031 along with 50,

hunting lines through which the public at large can avail the details of the availability of beds in the hospitals and the other facilities.,

For ready reference, paragraph 3 of the counter affidavit filed by GNCTD dated 15.07.2020 reads as under:",

That the deponent has gone through the directions issued by this Hon’ble Court and the following submissions are being made for",

kind perusal of this Hon’ble Court:,

a)It is humbly submitted that 50 hunting lines have been added to augment the capacity of helpline number 1031 and therefore more calls,

are being attended simultaneously and effectively. In the period ranging from 01.07.2020 to 09.07.2020, a total of 37,289 calls were",

received out of which 34,087 calls were attended by call center executives and 2479 calls were attended via interactive voice response",

system. The number of unattended called are dropping significantly over the period of time. The details of call logs for the aforesaid period,

is attached herewith as ANNEXURE-R1.,

b) It is submitted that presently there are 273 Ambulances dedicatedly available for COVID-19 patients and an additional 294 ambulances,

have been made available for non-COVID patients. Furthermore, 9 ambulances are equipped with ALS while 294 ambulances which",

includes CATS ambulances, army ambulances, DSHM Rakshak Ambulance, Medulance and DHS ambulance are equipped with BLS and",

BLS GVK facility. Presently, the total fleet of ambulance (including 200 taxis for non-critical patients) have significantly increased to 602 as",

against the last availability of total 334 Ambulances as were available on 05.06.2020. Further efforts are being made to enhance the,

ambulance fleet. A copy table containing the details of the ambulance fleet as on 09.07.2020 is attached herewith as ANNEXURE- R2.,

c) A major overhauling of COVID testing has been carried out by the Answering Respondent, keeping in mind the ever-increasing demand",

of testing kits in the near future. There are three types of testing kits available which differ with each other in the process they use to give,

results. These are Rapid Antigen Detection Kits, RT PCR molecular testing and CBNAAT/TrueNat testing.",

d) It is submitted that Rapid Antigen testing has been recently introduced in Delhi. A total of 11.0 lac Rapid Antigen Detection Kits have,

been procured by NCT of Delhi. The Answering Respondent has a sufficient buffer of 8.27 lac testing kits as on 14.07.2020 to meet the,

future demands. Furthermore, orders for testing kits will be placed in advance as and when required in case the buffer is reduced by a",

significant quantity. The Antigen testing model for COVID is capable of giving results in roughly 30 minutes and is the frontline testing,

method being used. NCT of Delhi has taken various steps to augment testing and make testing available and accessible to the general public,

with considerable ease. It is pertinent to mention that the quantity acquired of these testing kits are sufficient to meet the demand of testing,

for more than two months. Since its inception on 18/06/2020, accessibility of Rapid Antigen Detection Tests has been increased across",

Delhi. Apart from Containment zones/Hotspots, this testing has been made available at 37 hospitals with all Delhi Govt, hospitals offering",

the Point of care test for which results are available within 30 minutes. Rapid Antigen Testing is being further expanded to Delhi Govt.,

dispensaries and Polyclinics.,

e) It is pertinent to mention that Rapid Antigen testing has been made available free of cost at all government hospitals and 182 Delhi,

government dispensaries. Furthermore, the Answering Respondent vide order dated 05.07.2020 and 09.07.2020 has directed all health",

facilities to compulsorily conduct Rapid Antigen Testing for individuals in high risk group like asymptomatic elderly patients with co-,

morbidities (>65 years), asymptomatic patients seeking admission for chemotherapy, HIV patients, asymptomatic transplant patients etc. The",

copies of order dated 05.07 .2020 and 09.07.2020 is attached herewith as ANNEXURE-R3 (colly).,

Name of the officer,Name of the hospital

Mr. Arava Gopi Krishna,Lok Nayak Hospital

Mr. Binay Bhusan, IAS",GTB Hospital

Mr. Vikram Singh Malik, IAS",Burari COVID health centre

Ms. Akriti Sagar, IAS",Satyavadi Raja Harish Chandra Hospital

Mr. Ravi Dhawan, IAS",Ambedkar Nagar Hospital

Mr. Vikram Singh Malik, IAS",Rajiv Gandhi Super Speciality Hospital

Mr. Awinash Kumar, IAS",Deep Chand Bandu Hospital

  obtain feedback of patients and their willingness to donate   plasma at the time of their discharge to ensure that the Plasma   bank,

is sufficiently stocked to meet the future demands. Based on   the information provided in the feedback form, the patients who   have",

recovered, can also be contacted in case there is dire need   of plasma. A copy of the directing the Medical dated 07.07.2020   order",

Superintendents to collect feedback of patients who have   recovered from COVID- 19 is attached herewith as ANNEXURE  - R11.,

Furthermore, another Plasma Bank has been recently   opened at Lok Nayak Hospital, New Delhi.""",

 6. In view of the aforesaid facts stated by GNCTD, it appears that now  several of the facilities and resources available to the public have been",

 augmented by the respondents, to meet the requirements in the face of the  Covid-19 pandemic. For example, 50 hunting lines have been added to",

 extend the capacity of already existing centralised helpline No.1031. As  many as 37,289 calls have been received and attended in a period from",

 01.07.2020 to 09.07.020, details whereof have been given in Annexure R-1.",

Similarly, the number of ambulances available was initially 334 as on 05.06.2020, which has now been increased upto 602 as on 09.07.2020.",

Moreover, 273 ambulances have been dedicated for Covid-19 patients and additional 294 for non-covid patients.",

The quantum of Covid-19 testing has also seen a sharp increase after the introduction of rapid antigen testing. Even thereafter, the daily number of",

tests conducted has increased from the initial count of 18,000 tests to approximately 22,000 per day. So far as buffer stocks of the Rapid Antigen",

Testing Kits is concerned, it appears that the respondents have a sufficient buffer of 8.27 lakh testing kits as on 14.07.2020. Learned counsel for the",

GNCTD states that the quantity of these testing kits acquired by the GNCTD is sufficient to meet demand of testing for atleast two months.,

It further appears that Rapid Antigen Testing is available in Government hospitals and government dispensaries free of charge. Similarly looking at,

the further steps initiated by the GNCTD, for high risk groups/persons, reverse transcription polymerase chain reaction (RT-PCR) test is capped at",

Rs.2,400/-.",

Various office orders, notifications and directions have been issued, including an email dated 29.06.2020 to all private sector labs to ensure that",

home collection of blood samples is not refused on any ground.,

It further appears from the facts of the case that Nodal officers have been appointed to mitigate any difficulty faced by the public at large. These,

facts we have highlighted in our previous orders, including the order dated 25.06.2020. Nonetheless, we have reproduced above the table which has",

been supplied in paragraph 3(m) of the aforesaid affidavit, and reflected at Annexure R-9 to the memo of the counter affidavit.",

Similarly, as we have already pointed out in our earlier orders that Central Government has also appointed specific nodal officers by name for real",

time updation of beds availability data in the Central Government hospitals i.e. Safdarjung Hospital, Ram Manohar Lohia Hospital, Lady Hardinge",

Hospital and All India Institute of Medical Sciences (AIIMS). After nomination of said specific nodal officers, there ought not to be any difficulty in",

updation of beds availability data as well as any communication gap between the Government and the hospitals, and no specific grievance in this",

regard has been raised by any of the counsel.,

One more significant initiative has been taken by the GNCTD, i.e. setting up of “Delhi Plasma Bankâ€, to assist in the treatment of Covid-19",

patients. Two ""Delhi Plasma Banks"" have been opened by GNCTD which is an important step taken by GNCTD. One such plasma bank is available",

at Institute of Liver and Biliary Sciences (ILBS), Vasant Kunj and another at Lok Nayak Jai Parkash Hospital, Delhi Gate. More than 300 plasmas",

are available as submitted by counsel for GNCTD.,

Learned Amicus Curiae has also filed an additional report dated 15.07.2020. In the said report, he has submitted at length about the failure of",

certain hospitals regarding real-time updation of data and difficulties being faced by persons in getting admission in hospitals etc. Nonetheless, looking",

to the aforesaid aspects of the matter, we are of the view that the updation of the real time data is being taken care of by the GNCTD. Moreover,",

mobile application has also been developed by the GNCTD for real time data updation, from both Government hospitals as well as private hospitals. In",

this regard, various office orders/ directions/notifications have also been issued. Nodal officers have also been appointed to take care of such real time",

updation of data and the telephonic lines have also been made available to get the information or to make a complaint. In the event there are any,

hospitals which are still in breach of the directions given from time to time, the GNCTD will coordinate with the said hospitals to remedy the situation",

and may take such further action as required in the public interest.,

The learned Amicus Curiae has also drawn the attention of the Court to a newspaper report published in the Times of India edition of 25.06.2020,

regarding the problems faced by an Advocate, Mr. Surjendu Das in accessing treatment at Indraprastha Apollo Hospital. In particular, it is submitted",

that Mr. Das was denied admission in the hospital despite the published data showing availability of beds. As far as this aspect is concerned, it is",

submitted by learned counsel appearing for Indraprastha Apollo Hospital that general ward beds were available and offered to Mr. Das. However,",

private rooms and ICU beds were not available on that particular date. At the relevant time, approximately 30 beds were available in the general",

ward. Moreover, Mr. Das’s Covid-19 test result was given on the same day and hence, the Indraprastha Apollo Hospital authority denies the",

allegations levelled against it. We therefore do not consider it necessary to pass any further directions in this regard in the present proceedings, leaving",

it open to the concerned person to agitate his grievances in accordance with law, if he is so inclined. Nonetheless, it is assured by counsel for",

Indraprastha Apollo Hospital that they shall upload real time data accurately and if any patient comes they will immediately be tested and if beds are,

available, the same will be provided to the patients.",

So far as W.P.(C) 3376/2020 is concerned, looking to the aforesaid steps taken by GNCTD, we see no reason to entertain this case further.",

Nonetheless, liberty is reserved with the petitioners in this case that, if at all they are aggrieved in a particular case, they may initiate legal proceedings",

in accordance with law before appropriate forum for an individual case so that the concerned hospital or concerned authority can be given the,

opportunity to answer the allegations levelled against it.,

In view of the aforesaid aspects of the matter, we do not consider it necessary to monitor these litigations further at this stage. The concerns noted",

by this Court in the order dated 26.05.2020, while taking suo moto cognisance, have been addressed by the respondents in the manner noted above.",

Nonetheless, we hereby direct the respondents to ensure that the directions/ notifications/ office orders which are issued by them are being followed",

by the hospitals scrupulously. The real time updation of data must also be done accurately so that the public at large can look into the availability of the,

ventilators, beds etc. Ambulances which have been made available with necessary facilities, the same will be continued. The helplines must be kept in",

working condition. It must not happen that these helpline numbers are not responsive to the persons in search of details. Learned counsel appearing,

for the GNCTD assures the Court that the necessary steps will continue to be taken by the GNCTD for facing the challenge of the Covid-19,

pandemic, as required from time to time.",

We appreciate the painstaking assistance given by Mr. Om Prakash, the learned Amicus Curiae appointed by this Court. We are thankful to the",

learned Amicus Curiae who has assisted us and has narrated us in detail the factual aspects of the matter and the steps taken by the respondents,

which we have also noted in our earlier orders.,

With these observations, these writ petitions are disposed of.",

CM APPL.11769/2020 (for Intervention) in W.P.(C) 3250/2020,

In view of the order on the writ petition, no orders are required on this application.",

The same stands disposed of accordingly.,