The Rajasthan High Court disposed of a Suo Moto Public Interest Litigation (PIL) initiated by the Court way-back in the year 2015 taking into consideration the then emergent situation due to outbreak of swine flu.
Thereafter, as a result of judicial intervention, medical facilities for treatment of swine flu were made available by the State agency and the PIL was disposed off by the Court on 21nd July, 2016, while recording satisfaction with regard to various steps taken to control the infectious disease and so also the steps taken for diagnosis and treatment.
Later on, however, a miscellaneous application was filed for revival and the petition was again revived vide order dated 16.05.2018.
Apropos suggestions formulated and placed before the Court, the State counsel was directed to apprise the Court with regard to steps taken towards execution of suggestions made by the amicus curiae.
Thereafter, in the last five years various steps have been taken by the respondents. At a later stage of proceedings, implementation of second phase has been monitored by the Court and on 11.10.2023, the Court passed order directing the respondent-State to place on record a comprehensive chart to indicate the requirements of the second phase of infectious disease institute and also to indicate the nature of compliance which has taken place and time-line for rest of the compliance.
In compliance with the aforesaid order, an additional affidavit has been filed on 7th November, 2023 which incorporates the details of the developments, which have taken place.
Insofar as the second phase is concerned, it has been stated in the affidavit that the Medical Education Department, Government of Rajasthan issued sanction dated 05.10.2023 with regard to the civil works to the extent of Rs.3 crores and for installation of 128 Slice CT Scan Machines on Public Private Partnership Mode. The administration and financial sanction has been issued by the Medical Education Department on 05.10.2023 which is based on the requisite approval from the Finance Department, copy of which has already been placed on record. The process for development of necessary infrastructure having already been sanctioned, it is stated that civil work would be undertaken after issuance of notice inviting tender, which is also likely to be floated in January 2024.
The Government has permitted the medical colleges to go for installation of 128 Slice CT Scan Machines on Public Private Partnership Mode. The budget for civil work and procurement of these equipment has been sanctioned by the State. A technical committee has also been constituted on 31.10.2023 for undertaking the needful exercise towards procurement of the equipment. A detailed chart has also been placed on record, which indicates the steps which are required to be taken towards the implementation of the second phase.
After having gone through the affidavit, the steps which have already been taken by the respondents, the Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman is of the view that the petition at this stage may be closed with the firm hope and expectation that the State would complete expeditiously all other works towards achieving the goal of second phase infectious disease by providing necessary infrastructure, machines and manpower so that proper treatment could be provided to those who are suffering from infectious disease.
The Court however adds a caveat that in case, in future, the steps as stated in the affidavit are not taken up expeditiously, the Court would be inclined to revive this public interest litigation.