[Covid-19] What Is The Factual Status Regarding Vaccines & Health Infrastructure? Patna High Court Asks State

The Patna High Court recently directed the State to inform the Court regarding the factual status of vaccination, numbers of tests conducted and the health infrastructure available in the State. 

Chief Justice Sanjay Karol and Justice S. Kumar also noted that the State had failed to take any decision regarding its previous order dated 13th May 2021, pertaining to declaration of the strike/self-isolation called by the "Bihar State Contractual Health Employees Federation" during the pandemic period.

Therefore, Additional Advocate General Anjani Kumar was directed to ascertain if any decision had been taken on the grievances raised by the applicant. 

While issuing the directive, the Division Bench also requested the AAG to ascertain the factual status with regard to (a) vaccination carried out in the State of Bihar; (b) the number of tests that are conducted on daily basis and the positivity rate found in the State of Bihar; (c) the infrastructure of health available at the district/sub-division." 

As such, the matter has been listed this week for further hearing.

The Division Bench also dismissed an interlocutory application filed in a connected case highlighting the plight of Ayush doctors working on a contract basis in the State. The Court in the matter, however, reserved the applicants' liberty to approach the Principal Health Secretary of the State with their grievances.

The authority was directed to decide the issue expeditiously in accordance with the law and suggested that such a decision be positively taken within three months.

Advocate Shivani Kaushik appeared for the petitioners and Advocate Mrigank Mauli was the Amicus Curiae appointed in this matter.  

The applicants were also given the liberty to independently file a petition on the very same cause of action, if so required, and make a mention for the listing of such petition on a priority basis. Accordingly, if and when such mention is made, the Registry was directed to take steps for listing the petition at the earliest.

Case Title: Shivani Kaushik v. Union of India & Ors. 

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