Sanicchar Oraon vs State Of Jharkhand And Ors

Reference may be made to order dated 21.01.2020 wherein, after perusal of the supplementary counter affidavit filed on behalf of the State of

Jharkhand, following directions were issued:

(a) Since the process of Jharkhand Assembly Election has already ended, the State of Jharkhand is directed to finalize the regular appointment of 362

nurses within a period of four weeks positively.

(b) The State Government is also directed to take the final decision on the proposal of RIMS, Ranchi with regard to opening of the Departments of

Gastroenterology, Endocrinology, Nuclear Medicine, Clinical Haematology, Physical Medicine and Rehabilitation as well as for creation of the posts of

the doctors in the said Departments.

(c) So far as the decision for creation of new posts in the Departments of Psychiatry, TB and Chest is concerned, the same is also to be taken by the

State Government within a period of four weeks.

(d) So far as the issue relating to private practice being done by the doctors of the RIMS, Ranchi is concerned, merely giving two or three instances of

the doctors having been found indulged in the private practice is not sufficient. The Special Vigilance Unit constituted by the Department of Health,

Medical Education and Family Welfare, Government of Jharkhand must conduct regular surprise inspections so as to find out as to how many other

doctors are indulged in the private practice.

Pursuant to order dated 21.01.2020, supplementary counter affidavits dated 25.02.2020 and 03.03.2020 have been filed on behalf of the respondent

no. 3 â€" RIMS, Ranchi and the respondent no. 2 â€" the Secretary, Department of Health, Medical Education and Family Welfare, Government of

Jharkhand, Ranchi respectively.

Mr. Rajiv Ranjan, the learned Advocate General, submits that so far as the direction (a) relating to regular appointment of 362 nurses at RIMS,

Ranchi is concerned, the State Government has received several complaints on the issue of roster clearance. The said complaints have been examined

by the Department of Health, Medical Education and Family Welfare as well as the Department of Personnel and Administrative Reforms, which is

the concerned departments relating to roster clearance. After formal approval of the roster, the appointment of the nurses shall be made at the earliest

preferably within two months.

So far as the direction (b) and (c) relating to opening of different departments in RIMS, Ranchi as well as creation of posts of doctors and other

staff in the said departments are concerned, the State Government has to take final decision on the proposal of the RIMS, Ranchi. The said proposal

was earlier sent to the Department of Planning-cum-Finance for its concurrence and the said department sought a report from the RIMS. The

required report has been submitted by the RIMS and the Department of Health, Medical Education and Family Welfare has sent proposal for creation

of six departments i.e., Gastroenterology, Surgical Gastroenterology, Endocrinology, Clinical Haematology, TB and Chest and Psychiatry to the

Department of Planning-cum-Finance and the said matter is presently pending with the said department.

So far as direction (d) is concerned, the Special Vigilance Committee has submitted the latest enquiry report on 24.02.2020 regarding private

practice being done by two doctors of RIMS, Ranchi and thereafter, the Department of Health, Medical Education and Family Welfare vide letter no.

69(11) dated 24.02.2020 has directed the RIMS to take appropriate disciplinary action against them.

Mrs. Vandana Singh, the learned Amicus Curiae, submits that despite the fact that few doctors have been found doing private practice by the

Vigilance Team, no action has been taken against them either by the State Government or the RIMS till date. The learned Amicus Curiae also points

out that though the Department of Pathology is fully equipped and functional in RIMS, yet it is not understood as to why the RIMS has outsourced the

assignment of pathology tests to a private agency. The RIMS may be directed to carry out various pathological tests by the Department of Pathology

itself.

The learned Amicus Curiae further submits that the entire world is presently facing threat of “Coronavirus†and the Government of Jharkhand

as well as the RIMS must take immediate steps for prevention from Coronavirus infection. Though till date, no positive case of any person having

infected with Coronavirus has been detected in the State of Jharkhand, yet the RIMS, Ranchi which has been declared as Nodal Hospital for the said

purpose must be prompt in dealing with the situation. Since the doctors/para-medical staff are more prone to such infection, the RIMS should provide

them appropriate N-95 masks as a precautionary measure.

Having considering the supplementary counter affidavits filed on behalf of the State of Jharkhand and RIMS and keeping in view the submission

made by the learned Amicus Curiae, following directions are being issued:

(a) The process of regular appointment of 362 nurses must be completed by the State of Jharkhand within a period of one month.

(b) The State of Jharkhand shall give the update status of the matter with regard to opening of the Departments of Gastroenterology, Endocrinology,

Nuclear Medicine, Clinical Haematology, Physical Medicine and Rehabilitation as well as creation of the posts of the doctors and other staff in the

said Departments.

(c) The RIMS, Ranchi shall apprise this Court regarding the action taken against two doctors who were found doing private practice by the Vigilance

Team.

(d) The RIMS, Ranchi shall also apprise this Court as to what is the proportion of pathology tests being conducted by the Department of Pathology,

RIMS, vis-Ã -vis the private agency engaged by it on daily basis.

(e) The RIMS, Ranchi shall provide N-95 masks to all the doctors and para-medical staff across the departments forthwith and to make appropriate

arrangement including fully equipped separate (isolation) ward for treatment of the patients being admitted there with suspected case of Coronavirus.

All preventive measures must be taken by the RIMS Administration so that if at all any patient is found positive of Coronavirus infection, the same

should not spread to any other person.

Let separate affidavits be filed by the State of Jharkhand and RIMS showing compliance of the aforesaid directions before the next date fixed.

Put up this case under the heading “For Ordersâ€​ on 15. 04.2020.