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Judgment
Mukta Gupta, J
The hearing has been conducted through video conferencing.
The petitioner has filed the present petition inter alia seeking direction to the defendant No.1 All India Institute of Medical Sciences (AIIMS)
through its Director to provide her necessary medical treatment. The claim of the petitioner in the present petition, which has been filed through her
husband, is that the petitioner is a patient of HIV +ve for the last twenty years and since 2015, she was suffering from mouth ulcers, which over the
passage of time developed into cancer. This fact has come into her knowledge only on 9th March, 2020. As the condition of the petitioner has
worsened, she was visiting OPD, AIIMS but she was referred to Cancer Centre at AIIMS, Jhajjar. At AIIMS, Jhajjar, the petitioner was prescribed
certain test including CT Scan and MRI which the petitioner had got done privately. However, before the petitioner could visit the AIIMS, Jhajjar with
the relevant reports, in view of the lockdown due to COVID-19 and the fact that AIIMS, Jhajjar had been notified as an exclusive Hospital for
treatment of patients for COVID-19, the petitioner received a message as to cancellation of the date of her visit to AIIMS, Jhajjar. Thereafter, the
petitioner made repeated visits to AIIMS, Delhi. However, she was only examined at OPD and no treatment was given. Claim of the petitioner is that
no date of surgery was given and she had started bleeding from her mouth resulting in aggravation of her condition.
A Status Report has been filed by the AIIMS indicating that the petitioner was admitted to BRA-IRCH, AIIMS on 4th April, 2020. On examination,
her diagnosis were confirmed as Carcinoma Tongue with co-morbidities-AIDS (CD4 count-471; on ART x 15 years) and history of pulmonary
tuberculosis.
As the patient complained of pain and there was poor performance status (ECOG PS-3), pain and palliative care opinion were sought at admission
and advice was followed.
Considering the decrease weight of the petitioner, nutritional evaluation was done and she was put on diet plan. The surgical team evaluated the
petitioner and was of the opinion that in view of the nature of growth, poor general condition and anticipated poor surgical outcomes, the surgical
procedure for her disease stage would be a high-risk, major, radical procedure with substantial morbidity (Sub-total Glossectomy) and she may not
withstand such surgical procedure hence opinion of non-surgical management was sought from Radiotherapy Department on 6th April, 2020.
Whereafter, the petitioner was evaluated by Dr. Ahitagni Biswas and the Radiotherapy Team recommended definitive chemo radiation therapy. The
risk involved in the surgical oncology as well as radiotherapy were duly explained and informed to the petitioner who sought some time to take a
decision. Finally, the patient agreed to start definitive chemo radiation following which the said decision was taken. In the meantime, opinions from
General Medicine and Pulmonary Medicine were also sought besides opinion for AIDS. The petitioner was advised to continue anti-retroviral
treatment (ART) and clearance for radiotherapy was granted. In the meanwhile, the patient continued under the treatment of the Surgical Oncology
team for nutritional build-up and supportive management. Dental opinion has also been sought and the petitioner has been planned for tooth extraction
and after the tooth extraction, radiotherapy would be administered to the petitioner whereafter she would be discharged and will receive definitive
chemo radiation under the care of Radiation Oncology on out-patient basis.
Considering the physical condition of the petitioner as well as her other ailments and if the doctor opines that performance of the surgery would be
at high risk to the patient, this Court in exercise of its jurisdiction under Article 226 of the Constitution of India would not direct the doctors to take a
different view. Learned counsel for the respondent-AIIMS assures that treatment will be administered to the petitioner as an in-patient and later as an
out-patient by giving her definitive chemo radiation.
As assured in the Status Report, the doctors at AIIMS would give the necessary treatment to the petitioner after her tooth extraction is done and
once her condition stabilizes and she is in a position to take radio chemo therapy as an OPD patient, she will be discharged.
Learned counsel for respondent No.3-Govt. of NCT of Delhi also assures that on the petitioner's applying for fresh passes beyond 14th April, 2020
if the lockdown continues, full co-operation will be given to the petitioner and her family members by issuing fresh passes for the further lockdown
duration so that there is no inconvenience caused to the petitioner or her family members.
The writ petition is disposed of.