Rajeev Kumar vs State of Jharkhand & Anr.

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.

Reference may be made to the order dated 09.04.2021. Two affidavits have been filed. One by the Civil Surgeon, Ranchi and another by the Director, RIMS.

We have gone through the averments made in the aforesaid affidavits as also gone through the order passed by us on 09.04.2021. We are not satisfied with the affidavits filed by the Civil Surgeon, Ranchi and another by the Director, RIMS.

So far as affidavit filed by the Civil Surgeon, Ranchi is concerned, he has not filed affidavit in pursuant to the order dated 09.04.2021 wherein this Court has directed the Civil Surgeon, Ranchi, as under Paragraph-8, which reads hereunder as:

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 4 Microbiology, RIMS, has stated before us that RIMS has not refused any samples rather RIMS is demanding the samples.

But, in the aforesaid affidavit no date wise chart has been filed regarding samples which were sent to different institutions like RIMS and other private institutions since 05.04.2021.

In view thereof, let a fresh affidavit be filed by the Civil Surgeon, Ranchi giving details about the samples which were sent to different institutions like RIMS and other private institutions since 05.04.2021.

So far as affidavit to be filed by the Director, RIMS are concerned, it would be evident from paragraph-3 of the order dated 09.04.2021, which reads hereunder as:

"3. 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."

No averments has been made in the affidavit filed by the Director, RIMS regarding meeting of the Governing Body for taking decision of purchase of RTPCR machines and requirement of sufficient number of posts of Technicians and Scientists.

The Secretary, Health Department has apprised to this Court that no such proposal has been made by the Director, RIMS.

However, he has assured to this Court that he will convey to the Minister In-charge for convening a meeting in the Governing Body for taking early decision and will update about the same on the next date of hearing.

He further submits that so far as the purchase of C.T. Scan machine is concerned, the Director, RIMS has sent a proposal before the RIMS which has been approved and thereafter, it has been sent before the Finance Committee wherein the proposal has been approved and now the same has been placed before the Cabinet Co-ordination Committee for post facto approval of purchase of C.T. Scan Machine.

As such, the Secretary, Health is directed to apprise this Court about update of purchase of C.T. Scan Machine on the next date of hearing.

The Head of the Department of Microbiology, RIIMS is directed to apprise this Court by way of an affidavit about cut-off for the CT value for Covid-19 rauges, basis upon which the RT-PCR Report is being prepared.

Accordingly, let these matters be posted tomorrow i.e. 13.04.2021 as the first case on the top of the list.

All the concerned officers, Secretary, Health and Family Welfare Department, Director, RIMS and Civil surgeon, Ranchi, Deputy Commissioner, Ranchi including Additional Municipal Commissioner Ranchi, as it is informed that Municipal Commissioner, Ranchi is infected from Covid-19, shall remain present on-line on the next date of hearing also with necessary information.

Personal appearance of the Professor of Microbiology, RIMS is dispensed with for the present.