Rajeev Kumar vs State Of Jharkhand & Anr

The Director, RIMS, Principal Secretary, Health and Family Welfare Department, Government of Jharkhand, Ranchi and the Civil Surgeon, Sadar Hospital, Ranchi are present before this Court through video conferencing mode.

In the very beginning of this proceeding, i.e., at the time of outbreak of corona pandemic itself this Court has put question before the learned Advocate General as to whether the State is equipped to combat such type of pandemic situation, the answer was given in affirmative. But what we are finding today is just reserve to that. Even in a premium institution like RIMS there are 5000 cases pending for result of RTPCR as has been informed. This is a very dangerous situation. Even more than ten days are being taken in giving report. In the meantime, somebody may become serious and may succumb also. We cannot shut our eyes and allow such type of situation to remain present in the State. This is very unfortunate that though we have already faced about more than one year of corona pandemic situation but no effort could be taken by the RIMS or the State Government to fully equip the RIMS for such type of testing because it is always expected that in a pandemic situation more demand for tests will come. We have been told that there are only three machines and there is dearth of technicians and scientists but the question is who prevented them to create posts of technicians and scientists which is required. Why a request has not been made to the competent authority, it is best known to them.

The Director, RIMS is saying that after taking charge of the post he has started putting the house in order. Very well; let him do so. But there should not be a five year plan for doing that. Immediate action is required and immediate purchase of more and more RTPCR machines is required and sufficient number of posts of Technician and Scientist are required immediately for which a decision should be taken by the Governing Body at the earliest. It is stated by the Director, RIMS that he has sought time from the Minister In-charge who is also a Member of the Governing Body so that the date of Governing Body's meeting could be fixed.

We would request all that we are in a war like situation and the RIMS is more and more expected to combat the situation. Therefore, all the concerns should raise their efforts and we hope and trust that a meeting of Governing Body would be convened within two or three days.

The Secretary, Health Department is present before this Court through video conferencing mode. Let him convey our feelings to the Minister In-charge so that Governing Body's meeting could be convened within two or three days to take a decision regarding the requirement of scientists and technicians as also of RTPCR machines for combating the pandemic situation.

In view of such type of grave situation when the RIMS is not able to cope up with the outbreak of this second or third wave of Covid-19, we would henceforth monitor the issue.

This is startling and intriguing to note that how the Civil Surgeon is conducting his office. He is present before this Court through video conferencing mode. He has informed us that since there are no takers of the samples for examination of Corona-19, almost all the collected samples are lying at his office since 05.04.2021.

Let him file a detailed affidavit in this regard today itself as to how many samples he has received since 5th of April, 2021 and how many samples were sent to different institutions like RIMS and other private Institutions for testing of Corona-19 under RTPCR mode and not TRUENAT mode and how many samples are still lying at the office of the Civil Surgeon. A chart showing daily detail should be filed along with the affidavit. The Civil Surgeon has tried to impress upon us that RIMS and Thyrocare are refusing to take samples but the Director, RIMS who is also present before us through video conferencing mode, on the basis of the information received by the Professor of Microbiology, RIMS, has stated before us that RIMS has not refused any samples rather RIMS is demanding the samples.

Let an affidavit be also filed by the Director, RIMS before the next date of hearing.

All the concerned Officers would be required to remain present online on the next date of hearing also.

Put up these matters on 12.04.2021 as a first case at the top of the list.