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W.P.(C)7811/2017& C.M.No.32225/2017(directions)
Date ofDecision:23'^''Ausust,2019 THEDELHI NETWORK OF
POSITIVE PEOPLE & ANR Petitioners
Through: Ms.Shwetasree Majumdar, Adv. with Ms.Eva Bishwal,Adv.
Through: Mr.Satyakam, ASC along with Mr.Ankit, Legal Assistant, Deptt. of H&F
Welfare,GNCTD.
HON'BLE MR.JUSTICE C.HARISHANKAR ^
: D.N.PATEL,ChiefJustice(Oral)
ORDER
1. This public interest litigation has been preferred with the following prayers:-
"I. Issue a direction, order, or writ, including a writ a in the nature ofmandamus,to the Respondents a. to ensure that testing and treatment of HCV (including essential diagnostics and medication i.e. DAAs, confirmation ofchronic HCV with viral load testing,etc.) is provided free ofcost in the National Capital Territory ofDelhi; b. to identify and adequately publicise the names of hospitals, laboratories, medical stores or any other relevant medical establishments which will provide W.P.(C)No.7S11/2019 Page 1 of[4] 2019:DHC:7931-DB #^7 testing and treatment of HCV (including essential diagnostics and medication)free of cost in the national capital territory of Delhi.including but not limited to RespondentNos.2to 6;and c. to ensure that Mohalla clinics are adequately equipped and authorized for HCV antibody testing; and referral to public hospitalsfor furthertreatment"
2. Having heard the learned counsel for the parties and looking to the facts and circumstances ofthe case, it appears that much has been argued aboutnon-availability ofHepatitis'C virus medicines,diagnostics facilities and medications in Government hospitals as stated in the memo of writ petition.
3. Looking to the counter affidavits filed by the respondents dated 30 January,2018,lO'*" December,2018 and 6'^ March,2019 and various status reports,it appears that the respondent-Qovemment ofNCT ofDelhi has included Hepatitis'C drugsinthe essential drugslist. Moreover,following five nodal hospitals have been selected for running and providing free diagnostictherapeutics (a) Maharishi ValmikiHospital (b) GuruTegBahadurHospital
(c) Sanjay GandhiHospital
(d) DeenDayalUpadhyayHospital
(e) Pt.Madan Mohan MalviyaHospital 4, Moreover,itappearsthattreatmentand serologicaltestsare available in these hospitals. What is not available is a 'viral load test' as per the affidavit of the respondent - Government of NCT of Delhi dated December,2018. Page2of[4] W.P.(C)No.7811/2019 4fin
5. It also appears from the affidavit dated 6'^ March,2019 filed by the respondents that five new hospitals have been added to the programme and they are:- (a) Lok Nayak Hospital (b) G.B.Pant Hospital
(c) Ambedkar Hospital
(d) Hedgewar Hospital
6. It further appears from the affidavits filed by the respondents that State has undertaken to provide free of cost treatment and diagnostics facilities under the State Programme. Free treatment and diagnostic to be available under the NationalProgramme from January,2019. Viral load test is available for free in Maulana Azad Medical College and Lok Nayak Hospital as stated in the affidavit filed by the respondents dated 6''" March,
2019.
7. Similarly,it has been statedin the-affidavits filed by the respondents- Government ofNCT ofDelhi that several'dbctors and paramedics are to be trained for diagnosis and treatment ofHepatitis'C virus by August,2020. Out ofthe total 1000 doctors,600 doctors and out ofthe 1000 paramedics, approximately 600 paramedics wereto betrained by April,2019 and as per the affidavit filed on lO'*^ December, 2018 by the respondent, they have trained 35 doctors and 355 paramedic professionals. It is also stated in the affidavit dated 6* March, 2019 that at present approximately 385 professionals are morethan sufficientto runthe programme.
8. Thus, it appears from the aforesaid counter affidavits filed by the respondent- Government of NCT of Delhi that enough steps have been W.P.(C)No.7811/2019 ^ taken by the respondents for Hepatitis'C virus programme. Diagnostic facilities and medications are available and still if further training and further diagnostic facilities are to be supplied to the Government Hospitals as stated in their counter affidavits, the same shall be provided by the respondent — Government of NCT of Delhi as early as possible and practicable.
9. Learned counsel appearing for the petitioner submitted that the facts and figures given by the respondents are exaggerated and, in fact, several facilities are not made available in the hospitals run by the Government of NCT ofDelhi.
10. It appears from the counter affidavits that the respondents have already started making available free diagnostic facilities and medications, even training programmes have also been undertaken by the respondents.
11. Looking to the three counter affidavits filed by the respondents and the work done by the respondents, we see no reason to further monitor this case. It is expected from the respondents that the programmes undertaken by the respondent-GovernmentofNGT ofDelhi,namely,making available diagnostic facilities and medications and especially for Hepatitis 'C' virus, shall continue to be operative.
12. With these observations, this writ petition is disposed of. The pending application also stands disposed of.
CHIEF JUSTI -tte R,»J C.HARI AUGUST 23,2019/ fV.P.