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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No.1301 of 2020
------
Court on its own motion
Versus
The State of Jharkhand & Ors. …… .…. Respondents
With
W.P.(PIL) No.1302 of 2020
------
The Court on its own motion on the letter of Arun Kumar Dubey
Versus
The State of Jharkhand …… .…. Respondent
With
W.P.(PIL) No.1308 of 2020
------
Court on its own motion
Versus
The State of Jharkhand …… .…. Respondent
With
W.P.(PIL) No.2328 of 2020
------
Rajeev Kumar …… .…. Petitioner
Versus
The State of Jharkhand & Ors. …… .…. Respondents
------
CORAM : HON’BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
------
For the Petitioner : Mr. Rajendra Krishna, Sr. Advocate
[In W.P.(PIL) No.1301 of 2020]
: Mr. Rajeev Kumar (In Person)
[In W.P.(PIL) No.2328 of 2020]
Ms. Sonal Tiwary, Advocate
Mr. Anup Kumar Agarwal, Advocate
For the State : Mr. Rajiv Ranjan, AG
: Mr. Sachin Kumar, AAG-II
For the RIMS : Dr. Ashok Kumar Singh, Advocate
For the U.O.I. : Mr. Rajiv Sinha, A.S.G.I.
For the RMC : Mr. L.C.N. Shahdeo, Advocate
ORAL ORDER
26/Dated: 13.04.2021
The matter has been heard with the consent of learned counsel
for the parties through video conferencing. There is no complaint
2
about any audio and visual quality.
2. Reference may be made to the order dated 12.04.2021, in
terms thereof, affidavit has been filed by the Civil Surgeon, Ranchi.
3. This Court vide order dated 12.04.2021 has shown its concern
about the issue like non-availability of CT scan machine in RIMS. It is
the sole premier institute in the State of Jharkhand and as such, in
the Pandemic COVID-19, non-availability of CT scan machine in an
institute like RIMS is the matter of serious concern. Due surge in
Corona Pandemic, the State is heading towards health emergency.
Sick people have been compelled to move in anticipation that the
officials’ machinery will cater their needs but all in vain as there is
shortage of testing facilities, beds and medical infrastructure to deal
with the situation. What to say of others, the premier institution like
RIMS is not having a CT scan machine.
4. We have deliberated upon the issue on earlier occasion and
time and again, it has been submitted by the learned counsel
appearing for the State of Jharkhand as also the Principal Secretary,
Health and Family Welfare Department that CT scan machine will be
purchased soon for which the proposal will be placed before the
Governing Body for taking decision as also for purchase of RT-PCR
machines considering the heavy load of samples and not coming out
the report in time leading to spread of infection of COVID-19 Virus.
5. Today, the Principal Secretary, Health and Family Welfare
Department has apprised this Court that he has coordinated with the
Departmental Minister for convening a meeting of the Governing
Body which is scheduled at 5:00 p.m. today itself.
3
The Principal Secretary, Health and Family Welfare
Department further submits that so far as the purchase of CT scan
machine is concerned, the matter is at the advance stage before the
Coordination Committee for taking post-facto approval of the
Committee and he is expecting an early decision on this, so that, the
purchase of CT scan machine will be expedited on priority basis.
6. The Director, RIMS in its affidavit has apprised this Court about
cut-off for the city value of COVID-19, on the basis of which the RT-
PCR Report is being prepared which according to the RIMS is based
upon the ICMR Report which is at the level of 35.
7. The Ranchi Municipal Corporation has apprised this Court
about the Electric Crematorium which according to him is not in a
working position due to heavy load but he is taking serious efforts
making the said Crematorium workable.
So far as Electric Crematorium at Ghagra Ghat (near Swarna
Rekha River) is concerned, the same has never been handed over to
the RMC by the Ranchi Regional Development Authority.
8. The Deputy Commissioner, Ranchi is also present in person
and he has assured this Court that he is taking the issue very
seriously.
9. The Deputy Commissioner, Ranchi and Ranchi Municipal
Corporation will coordinate and apprise this Court, about the Electric
Crematorium which has been constructed at Ghagra Ghat (near
Swarna Rekha River) how to make it operational, by way of an
affidavit to be filed before the next date of hearing.
10. The Principal Secretary, Health and Family Welfare
4
Department, the Director RIMS as also the Civil Surgeon, Ranchi,
are directed to remain present on the next date of hearing through
online mode.
11. We are, in view of the aforesaid fact as referred hereinabove,
think it proper to post these cases on 17.04.2021 with a direction
upon the Principal Secretary, Health and Family Welfare Department
to apprise this Court about up-date pertaining to purchase of CT
scan machine as also the decision of the Governing Body scheduled
to be held today on 5:00 p.m.
(Dr. Ravi Ranjan, C.J.)
Rohit/- (Sujit Narayan Prasad, J.)

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Jharkhand hc order

  • 1. 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No.1301 of 2020 ------ Court on its own motion Versus The State of Jharkhand & Ors. …… .…. Respondents With W.P.(PIL) No.1302 of 2020 ------ The Court on its own motion on the letter of Arun Kumar Dubey Versus The State of Jharkhand …… .…. Respondent With W.P.(PIL) No.1308 of 2020 ------ Court on its own motion Versus The State of Jharkhand …… .…. Respondent With W.P.(PIL) No.2328 of 2020 ------ Rajeev Kumar …… .…. Petitioner Versus The State of Jharkhand & Ors. …… .…. Respondents ------ CORAM : HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------ For the Petitioner : Mr. Rajendra Krishna, Sr. Advocate [In W.P.(PIL) No.1301 of 2020] : Mr. Rajeev Kumar (In Person) [In W.P.(PIL) No.2328 of 2020] Ms. Sonal Tiwary, Advocate Mr. Anup Kumar Agarwal, Advocate For the State : Mr. Rajiv Ranjan, AG : Mr. Sachin Kumar, AAG-II For the RIMS : Dr. Ashok Kumar Singh, Advocate For the U.O.I. : Mr. Rajiv Sinha, A.S.G.I. For the RMC : Mr. L.C.N. Shahdeo, Advocate ORAL ORDER 26/Dated: 13.04.2021 The matter has been heard with the consent of learned counsel for the parties through video conferencing. There is no complaint
  • 2. 2 about any audio and visual quality. 2. Reference may be made to the order dated 12.04.2021, in terms thereof, affidavit has been filed by the Civil Surgeon, Ranchi. 3. This Court vide order dated 12.04.2021 has shown its concern about the issue like non-availability of CT scan machine in RIMS. It is the sole premier institute in the State of Jharkhand and as such, in the Pandemic COVID-19, non-availability of CT scan machine in an institute like RIMS is the matter of serious concern. Due surge in Corona Pandemic, the State is heading towards health emergency. Sick people have been compelled to move in anticipation that the officials’ machinery will cater their needs but all in vain as there is shortage of testing facilities, beds and medical infrastructure to deal with the situation. What to say of others, the premier institution like RIMS is not having a CT scan machine. 4. We have deliberated upon the issue on earlier occasion and time and again, it has been submitted by the learned counsel appearing for the State of Jharkhand as also the Principal Secretary, Health and Family Welfare Department that CT scan machine will be purchased soon for which the proposal will be placed before the Governing Body for taking decision as also for purchase of RT-PCR machines considering the heavy load of samples and not coming out the report in time leading to spread of infection of COVID-19 Virus. 5. Today, the Principal Secretary, Health and Family Welfare Department has apprised this Court that he has coordinated with the Departmental Minister for convening a meeting of the Governing Body which is scheduled at 5:00 p.m. today itself.
  • 3. 3 The Principal Secretary, Health and Family Welfare Department further submits that so far as the purchase of CT scan machine is concerned, the matter is at the advance stage before the Coordination Committee for taking post-facto approval of the Committee and he is expecting an early decision on this, so that, the purchase of CT scan machine will be expedited on priority basis. 6. The Director, RIMS in its affidavit has apprised this Court about cut-off for the city value of COVID-19, on the basis of which the RT- PCR Report is being prepared which according to the RIMS is based upon the ICMR Report which is at the level of 35. 7. The Ranchi Municipal Corporation has apprised this Court about the Electric Crematorium which according to him is not in a working position due to heavy load but he is taking serious efforts making the said Crematorium workable. So far as Electric Crematorium at Ghagra Ghat (near Swarna Rekha River) is concerned, the same has never been handed over to the RMC by the Ranchi Regional Development Authority. 8. The Deputy Commissioner, Ranchi is also present in person and he has assured this Court that he is taking the issue very seriously. 9. The Deputy Commissioner, Ranchi and Ranchi Municipal Corporation will coordinate and apprise this Court, about the Electric Crematorium which has been constructed at Ghagra Ghat (near Swarna Rekha River) how to make it operational, by way of an affidavit to be filed before the next date of hearing. 10. The Principal Secretary, Health and Family Welfare
  • 4. 4 Department, the Director RIMS as also the Civil Surgeon, Ranchi, are directed to remain present on the next date of hearing through online mode. 11. We are, in view of the aforesaid fact as referred hereinabove, think it proper to post these cases on 17.04.2021 with a direction upon the Principal Secretary, Health and Family Welfare Department to apprise this Court about up-date pertaining to purchase of CT scan machine as also the decision of the Governing Body scheduled to be held today on 5:00 p.m. (Dr. Ravi Ranjan, C.J.) Rohit/- (Sujit Narayan Prasad, J.)