Jawaharlal Nehru University Teachers Assocaition Through Moushumi Basu & Ors. vs Jawaharlal Nehru University Through Vice Chancellor & Anr

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Prathiba M. Singh, J",,,,

This hearing has been done through video conferencing.,,,,

CM APPL. 16182/2021 (for exemption),,,,

Vide order dated 11th May 2021, this court has already disposed of the present application. Accordingly, no further orders are called for.",,,,

W.P.(C) 5263/2021,,,,

The present writ petition has been filed by the Students Union and the Teachers Union at the Jawaharlal Nehru University (hereinafter,",,,,

“JNUâ€), as also two Professors who teach at the University. The Petitioners are seeking various directions to the Respondents including a",,,,

direction for setting up COVID care facilities in the University Campus, as also a COVID response team, and certain Oxygen facilities inside the",,,,

University Campus premises.,,,,

The case of the Petitioners is that due to the outbreak of the second wave of the COVID-19 pandemic, around the second week of April, the",,,,

Petitioners wrote a letter to the Registrar of the Respondent University, highlighting the alarming situation due to COVID-19 on the JNU campus,",,,,

seeking various steps to be taken for controlling the situation. Thereafter, the Petitioners were continuously sending letters to the Registrar of JNU,",,,,

The Vice Chancellor of JNU as also the ADM/ SDM of the concerned area seeking immediate intervention for setting up COVID care facilities,,,,

within campus in light of the massive surge of COVID-19 and the number of COVID positive cases within the JNU campus. Aggrieved by there,,,,

being no response from any of the said authorities, and on any of the concerns raised by the Petitioners, the present petition was filed.",,,,

Vide the previous order dated 11th May 2021, notice was issued to the Respondents, and the following directions were issued:",,,,

“12. In view of the above, the following directions are issued:",,,,

i) The Registrar, JNU to immediately give instructions to the ld. counsel, and file a status report, as to what are the steps taken by the",,,,

administration of the JNU in respect of the requests made and letters written by the Petitioners to the administration, for dealing with the",,,,

COVID-19 pandemic situation in the JNU campus since 2020 and especially since 13th April, 2021.",,,,

ii) The Vice Chancellor/Registrar of JNU to also ascertain the necessity and feasibility in respect of creation of the COVID care facility in,,,,

the JNU campus and file a status report thereof. The report shall also take into consideration the proposals given by the Centre for Social,,,,

Medicine and Community Health (CSMCH) as also the proposal for in-house production of oxygen, given by the School of Life Sciences.",,,,

The authorities in JNU to consider if there is any modification required to the said proposals as has been suggested by the students and,,,,

teachers associations. The modalities for creation of COVID care facility shall be mentioned in the report.,,,,

iii) The SDM/ADM of the concerned area to also place on record a status report, as to whether such a COVID care facility can be created",,,,

at JNU, in accordance with the guidelines applicable, and if so indicating the manner in which the doctors and paramedics, as also nurses,",,,,

would be made available for the said facility, and whether they would be tied up with any particular hospital, and if so, name the said",,,,

hospital after obtaining its concurrence.,,,,

The Registrar of the Respondent University, shall convene a meeting today itself at 5 P.M, chaired by the Vice Chancellor along with the",,,,

other internal administrative staff as also the concerned SDM/ADM of the area, to work out the formalities and the protocols, in this",,,,

respect.,,,,

A second meeting shall also be convened by the Registrar chaired by the Vice Chancellor, other administrative staff, SDM/ADM",,,,

concerned along with six representatives of the Students and the Teachers Union, as also the departments which have given the proposals,",,,,

at 11 AM tomorrow, i.e. 12th May 2021, to discuss the said proposals/ letters for setting up of a COVID care facility in the JNU campus.",,,,

The said meetings can be held through a virtual platform.,,,,

Let the status reports explaining the feasibility, modalities and timelines for setting up of a covid care centre, preferably with oxygenated",,,,

beds, as directed, be emailed by both the JNU administration as also the ADM/SDM of the concerned area, to the Court Master by 9 A.M.,",,,,

on 13th May 2021.â€​,,,,

Further to the said order, today, four status reports have been received - one each from the Petitioners’ association of students and teachers;",,,,

one on behalf of the SDM of the concerned area; and one on behalf of the Respondent- JNU itself.,,,,

Mr. Anirban Chakraborti - Registrar, JNU, has also joined the proceedings today. On behalf of JNU, it is submitted that a COVID Task Force has",,,,

already been set up by the University, consisting of nine members. It is submitted that since the same was constituted on 18th April, 2021, several",,,,

patients, who contracted COVID-19 and who required hospitalisation, were rendered assistance by the said Task Force which was set up. It is further",,,,

submitted that there are about 100 volunteers who are attending to telephone calls and emails from asymptomatic/symptomatic patients 24x7, along",,,,

with the COVID Task Force.,,,,

The Registrar, JNU, submits that the University has held four testing camps in which 385 persons were found to be positive with COVID-19.",,,,

These included students, staff members, faculty and the family members of the staff and faculty who reside in the campus. Two vaccination camps",,,,

have also been held in which over 690 persons have been vaccinated in the age group of 45+ and frontline workers. It is further submitted on behalf of,,,,

the JNU that the JNU has written several letters to various Ministries in the Delhi Government as also the Ministry of Health and Family Welfare,",,,,

Union of India, and has also been in touch with the two NGOs including the Art of Living and Khalsa Aid - for tying up with JNU for providing",,,,

COVID relief.,,,,

Ms. Arora, ld. Counsel appearing for JNU, also points out that 12 doctors have been taken on the panel and that a medical counselling facility has",,,,

also been set up with all their telephone numbers. These doctors are providing tele-consultation to various residents of the JNU campus, around the",,,,

clock.,,,,

Insofar as the status report of the SDM is concerned, it has been informed that there are three levels of COVID facilities that exist and have been",,,,

approved. The relevant table, which is a part of the status report is extracted below:",,,,

Acronym,FACILITY,CASES,LOCATION,OXYGEN

CCC,COVID Care Centre,"Asymptomatic /

presymptomatic and

mild Moderate","H o s t e l s , hotels,

school, stadiums,

lodges etc",No.

DCHC,"Dedicated COVID

Health Centre",Moderate,"Full hospital or a

separate block in a

hospital","Beds with assured

Oxygen support

DCH,"Dedicated COVID

Hospital",Severe,"Full hospital or a

separate block in a

hospital","F u l l y equipped

ICUs, Ventilators

and beds with

assured Oxygen

support.