Sunil Kumar Singh vs State of Jharkhand And Ors

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.

W.P. (PIL) No.2395 of 2020

The instant writ petition by way of pro bono publico, has been filed for issuance of the following directions:

"(A) For issuance of appropriate writ (s)/ order(s)/Direction (s) particularly in the nature of mandamus upon the Respondents to immediately take appropriate steps for installation of "Live Dashboard" in the State of Jharkhand to keep track of the available hospital beds/ventilators in Covid-19 designated hospitals on a real time basis.

(B) The petitioner further prays for issuance of appropriate writ (s)/ order(s)/Direction (s) upon the Respondents direct the Respondent to have a "Live Dashboard" on the availability of hospital beds/ventilators in the designated Covid-19 Government and Private Hospitals of Ranchi area, till the disposal of the present Writ Petition (PIL) in the interest of Justice.

(C) It is further humbly prayed that the Hon'ble Court may be pleased to direct the Respondents to provide a helpline number immediately which if dialed would give real-time information regarding the availability of beds/ventilators in the designated Covid-19 Government and Private Hospitals, till the disposal of the present Writ Petition (PIL) in the interest of Justice."

The writ petitioner has filed this writ petition by way of public interest litigation invoking the jurisdiction conferred under Article 226 of the Constitution of India in the wake of spread of second surge of Pandemic Covid-19, praying therein for a direction upon the State respondents to immediate steps for installation of "Live Dashboard" in the State of Jharkhand to keep track of the available hospital beds/ventilators in Covid- 19 notified hospitals.

It is the contention of the writ petitioner that due to massive surge in the number of positive Covid-19 patients in the State of Jharkhand the beds under the designated hospitals earmarked for persons suffering from Covid- 19 infection are pre-occupied to their full capacity and as such, new patients who are sick, are denied by the aforesaid hospital by the hospital authorities both by Government and private hospitals for treatment of Covid-19 citing lack of availability of beds in the respective hospitals. Such situation causing enormous suffering to the persons suffering from Covid-19 who are denied of treatment for lack of beds. The further concern of the writ petitioner is that due to such situation prevailing in the State, a person suffering from positive Covid-19 are being run from pillar to post in getting access to the health care. It has been contended that there is instances of loss of live during such transit period running from one hospital to another for search of beds for getting proper medical aid.

Therefore, the concern of the writ petitioner in such situation is that in order to avoid loss of live and enormous suffering of the person suffering from Covid-19 due to lack of communication regarding lack of beds and ventilators in notified hospitals for Covid-19, the State should have come out with the decision for the availability of such beds in both Government and Private Hospitals earmarked for persons suffering from Covid-19 by way of installation of "Live Dashboard" to keep track of the available hospital beds/ventilators in Covid-19 designated hospitals on a real time basis. Such "Live Dashboard" may be made available to existing Government website indicating clearly as per the availability of beds/ventilators in the designated Covid-19 Government and Private Hospitals. Such decision has already been implemented in the neighboring State like in Tamilnadu and Maharashtra.

It has further been stated in the writ petition that the Government of Delhi in pursuance to the direction of the Delhi High Court, released a website which provides for a live status of the number of available beds or ventilators and I.C.U beds coupled with an option to address grievance of patients who have been refused admission into hospital despite availability of hospital beds.

Mr. K.K. Some, Secretary, Health & Family Welfare Department appearing in person in the batch of case has submitted that the State Government is also endeavoring to take such steps and such contention of the writ petitioner is welcome in the State of Jharkhand.

He further submits that he will take early decision in this regard first to provide a 'Live Dashboard' for Rajendra Institute of Medical Sciences (RIMS) and Sadar Hospital. In both Government hospitals as also the private hospitals steps are to be taken to provide availability of beds and ventilators.

Having heard learned counsel for the parties and considering the contention of the learned counsel for the petitioner as also the submission made by the Secretary, Health & Family Welfare Department, State of Jharkhand, this writ petition is disposed of taking into consideration the undertaking furnished before this Court that he will try for installation of 'Live Dashboard' in the district of Ranchi within 2-3 days and thereafter in the entire State expeditiously.

Accordingly, the instant writ petition stands disposed of.