Full Text
HIGH COURT OF DELHI
Date of Decision: 13th May, 2021
JAWAHARLAL NEHRU UNIVERSITY TEACHERS ASSOCAITION THROUGH MOUSHUMI BASU & ORS. ..... Petitioners
Through: Mr. Abhik Chimni, Mr. Lakshay Garg & Mr. Shashwat Mehra, Advocates.
Through: Ms. Monika Arora, Standing Counsel for R-1 with Mr. Shriram Tiwary, Advocate along with Mr. Anirban Chakraborti, Registrar (JNU).
Mr. Santosh Kumar Tripathi, Standing Counsel for GNCTD with
Mr. Aditya P Khanna & Mr. Shashank Tiwari, Advocates for R-2 along with Mr. Ankur Meshram, SDM.
JUDGMENT
1. This hearing has been done through video conferencing. CM APPL. 16182/2021 (for exemption)
2. Vide order dated 11th May 2021, this court has already disposed of the present application. Accordingly, no further orders are called for.
3. The present writ petition has been filed by the Students Union and the Teachers Union at the Jawaharlal Nehru University (hereinafter, “JNU”), as also two Professors who teach at the University. The Petitioners are seeking various directions to the Respondents including a direction for setting up 2021:DHC:1586 COVID care facilities in the University Campus, as also a COVID response team, and certain Oxygen facilities inside the University Campus premises.
4. The case of the Petitioners is that due to the outbreak of the second wave of the COVID-19 pandemic, around the second week of April, the Petitioners wrote a letter to the Registrar of the Respondent University, highlighting the alarming situation due to COVID-19 on the JNU campus, seeking various steps to be taken for controlling the situation. Thereafter, the Petitioners were continuously sending letters to the Registrar of JNU, The Vice Chancellor of JNU as also the ADM/ SDM of the concerned area seeking immediate intervention for setting up COVID care facilities within campus in light of the massive surge of COVID-19 and the number of COVID positive cases within the JNU campus. Aggrieved by there being no response from any of the said authorities, and on any of the concerns raised by the Petitioners, the present petition was filed.
5. Vide the previous order dated 11th May 2021, notice was issued to the Respondents, and the following directions were issued:
6. Further to the said order, today, four status reports have been received - one each from the Petitioners’ association of students and teachers; one on behalf of the SDM of the concerned area; and one on behalf of the Respondent- JNU itself.
7. Mr. Anirban Chakraborti - Registrar, JNU, has also joined the proceedings today. On behalf of JNU, it is submitted that a COVID Task Force has already been set up by the University, consisting of nine members. It is submitted that since the same was constituted on 18th April, 2021, several patients, who contracted COVID-19 and who required hospitalisation, were rendered assistance by the said Task Force which was set up. It is further submitted that there are about 100 volunteers who are attending to telephone calls and emails from asymptomatic/symptomatic patients 24x[7], along with the COVID Task Force.
8. The Registrar, JNU, submits that the University has held four testing camps in which 385 persons were found to be positive with COVID-19. These included students, staff members, faculty and the family members of the staff and faculty who reside in the campus. Two vaccination camps have also been held in which over 690 persons have been vaccinated in the age group of 45+ and frontline workers. It is further submitted on behalf of the JNU that the JNU has written several letters to various Ministries in the Delhi Government as also the Ministry of Health and Family Welfare, Union of India, and has also been in touch with the two NGOs including the Art of Living and Khalsa Aid - for tying up with JNU for providing COVID relief.
9. Ms. Arora, ld. Counsel appearing for JNU, also points out that 12 doctors have been taken on the panel and that a medical counselling facility has also been set up with all their telephone numbers. These doctors are providing tele-consultation to various residents of the JNU campus, around the clock.
10. Insofar as the status report of the SDM is concerned, it has been informed that there are three levels of COVID facilities that exist and have been approved. The relevant table, which is a part of the status report is extracted below: Acronym FACILITY CASES LOCATION OXYGEN CCC COVID Care Centre Asymptom atic / presymptomat ic and mild Hostels, hotels, school, stadiums, lodges etc No. DCHC Dedicated COVID Health Centre Moderate Full hospital or a separate block in a hospital Beds with assured Oxygen support DCH Dedicated COVID Hospital Severe Full hospital or a separate block in a hospital Fully equipped ICUs, Ventilators and beds with assured Oxygen support.
11. As per the said status report, unless and until there are proper oxygenated beds etc. and doctors and paramedics available around the clock, the only centre that could be set up is a COVID Care Centre, where there is no oxygen which is administered to patients. Such a Centre can cater to asymptomatic, pre-symptomatic and patients with mild symptoms.
12. The SDM, who has joined the proceedings today, submits that he has inspected the infrastructure of the JNU campus, and has informed this court there are guest houses which are available, which can be converted into isolation wards for the residents of the JNU campus.
13. On behalf of the Petitioners, Mr. Chimni, ld. Counsel submits that two proposals have been submitted where the faculty of Centre for Social Medicine and Community Health (CSMCH) have given proposals qua the manner in which they can assist in the setting up of the COVID Care Isolation Facility. He further submits that the proposal for manufacture or generation of oxygen, if required, has also been submitted.
14. After hearing the ld. Counsels for the parties, as also the officers of the parties themselves, who have appeared before the Court, as also perusing the status reports, it is clear that the total number of persons residing in the campus residing in the JNU campus are between 12000 – 15000, including students, staff members, faculty and their families. The number of people contracting COVID-19 inside the JNU campus is also quite high. However, there is no covid care facility at all. The medical centre which exists is also a small area with 1 Chief Medical Officer, 2 Medical officers and 2 staff nurses – some of whom are also not currently available. Thus, in case there is a sudden surge, the residents in the campus may face difficulties and there is a need to take further steps apart from what has already been taken by the Covid Task Force and the Covid Response Team.
15. On behalf of the GNCTD, Mr. Tripathi submits that currently, there are sufficient beds in the various hospitals/COVID Care Centres, which are currently vacant. Specific mention is made by Ms. Arora of three facilities which could be tied up with JNU, such as the facility at Chattarpur, which is being run with the help of ITBP and the Delhi Government, Vishwa Yuva Kendra facility - Teen Murti, New Delhi, as also the facility at the Gurdwara Rakab Ganj Sahib.
16. Considering the above submissions and the fact that the COVID Task Force and the COVID Response Team is already working within JNU campus, the following directions are further issued: i) In order to provide for immediate isolation of residents who are tested Covid positive, a `Covid Care Centre’ be set up inside the JNU. The premises for the same be identified by the COVID Task Force, in consultation with the concerned SDM. This would enable such affected persons to immediately isolate and for their basic parameters to be monitored. In the creation of the isolation facility, if the services of any of the faculty members who are part of the Petitioner association are required, their recommendations/assistance may also be availed of by the COVID Task Force. ii) To facilitate the monitoring of the basic parameters of those who are detected positive with COVID-19, if any paramedic/nursing staff are required, the SDM and JNU Task Force shall arrive at a consensus, as to how, the arrangement would be made for paramedic/nursing staff. The doctors on campus also could be empanelled for volunteering, if required, for any patient in the isolation centre; iii)Insofar as those patients who may need oxygenated beds are concerned, the JNU Task Force may coordinate with the SDM of the concerned area, as also with the Delhi Government, to identify as to with which of the above mentioned three facilities or any other facility JNU ought to tie up, so that there is an arrangement which is put in place for residents of the JNU campus, in case they require oxygenated beds or any ICU facility; iv) Insofar as the creation of a dedicated `COVID Health Centre’ with oxygenated beds in JNU is concerned, the feasibility, requirement and the necessity of the same may be discussed and deliberated upon by the COVID Task Force with the SDM of the concerned area and Delhi Govt. If any tie up needs to be created with any hospital in the vicinity, the same shall also be identified and the terms and conditions thereof would also be mentioned in the status report.
17. Let the status report in compliance with the above directions be filed at least one day before the next date of hearing. It is expected that the students and the faculty association, as also the administration of JNU, would work together for the betterment of the residents and students of the JNU campus and shall not take any adversarial measures against each other.
18. List on 28th May, 2021. If any of the parties wish to seek any further directions, they are given liberty to approach the Court. website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.
PRATHIBA M. SINGH JUDGE MAY 13, 2021/Rahul/Ak