BREAKING-Consider Vaccinating Students Appearing For Board Exams Against COVID19 : Allahabad High Court

In a suo moto action taken in view of the second wave of the COVID-19 pandemic, the Allahabad High Court has directed the Central Government and Indian Counsel for Medical Research to consider giving vaccination to students pursing higher education and giving board examinations.

"Central Government and Indian Counsel for Medical Research must rethink for extending the benefit of vaccination to students pursuing higher education and those appearing in Board examination of high school and intermediate looking to the large scale infection in population of younger generation. If the Board and other examination conducting bodies are going for offline examination then government must explore viability to extend benefit of vaccination to such students as well", the Court observed.

A division bench of Justice Siddhartha Verma and Ajit Kumar made the observation in the suo moto case titled "In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive",

Observing that the "situation is so alarming", the bench has issued a slew of other directions to the Central and State authorities for effective management of the pandemic situation.

Ensure availability of Remdesivir; Take action against hoarders, black-marketing

The Court directed the Central and State authorities to ensure the availability of Remdesivir, an injectable anti viral medicine, in open market.

A division bench of Justice Siddhartha Verma and Ajit Kumar has also directed the district administration of all districts in Uttar Pradesh to take stern action against those who are hoarding and black-marketing Remdesivir.

The Court passed the direction after being informed that there is acute shortage of Remdesivir,  which is in great demand for Covid patients.

The Court also directed for immediate purchase and supply of bipap machine and high flow cannula mask in ambulance to all the district hospitals and level 2 and level 3 hospitals of the districts like Prayagraj, Lucknow,Varanasi,Kanpur, Gorakhpur, were Covid infection has got widely spread.

"The recent spike of COVID-19 infection has hit every corner of various districts of State. The surge has absolutely paralysed public life and all the medical aid systems have reached to a stage of complete saturation. We have been informed that Covid hospitals are over-flooded with Covid patients and there is both manpower shortage and available facilities in hospitals. The situation is so alarming that if it is not handled carefully and cautiously we may lead to stage of complete collapse of public health system", the Court observed.

Taking serious note of the situation, the Court observed "We must give priority to public health over elections...". It may be noted that local body elections are due in Uttar Pradesh.

While the Court expressed satisfaction at the submissions made by District Medical Officer Prayagraj(who appeared before the bench), it added that "a lot is needed to be done in raising more effective infrastructure tomeet the current challenge posed by Covid-19".

High Court to consider request of the bar to close the Court for two weeks

Amrendra Nath Singh, President of Bar Association urged that High Court should be closed for at-least two weeksso that litigants and lawyers may not rush to the Court and the spread of infection is contained.

Taking note of this submission, the bench observed :

"We also request the High Court to consider request of Bar Association for its closer for at least two weeks as suggested by the President of the High Court Bar Association. The High Court should remain open only for online hearing in limited number of benches for urgent matters only looking to the present scenario. Regarding request made by the President of High Court Bar Association for stay over all pending non-bailable warrants and extension of interim orders, we are of the view that since there is already pending PIL Writ Petition No.564 of 2020, applications should be moved in that very PIL for appropriate directions"

Other directions

The other directions passed by the bench are as follows :

• Government to look into the viability of complete lock-down in those districts were spread has increased alarmingly, for at least two weeks or three weeks and at least immediately all public gatherings must be restricted to 50 persons.
• At every center the District administration must ensure large-scale testing and all clinical samples that are collected must be sent to the laboratory at every six hourly interval so that RTPCR comes within 18 to 24hours to start with medication.
• The containment zones must be updated every day to be notified and Rapid Force team be made vigilant and must be put to task.
• Proper sanitation of containment zones at every 48 hourly rest must be a rule.
• Certain medicines that may be useful in arresting spread ofCOVID-19 may be notified to be used by people themselves.
• State Government to provide/arrange testing kit available for COBAS machine at Moti LaL Nehru College, Allahabadwithin twenty four hours.
• Immunization programme must be vigorously carried out through vaccination of large number of people

The bench observed that following issues needed emergent attention so that we may save condition from worsening further and reaching to a point of collapse:

i Public movement restrictions and stoppage of public activities

ii Streamlining health infrastructure

iii Extra ordinary steps to provide basic health needs.

iv To save and create infrastructure for non Covid patients.

v Boosting up immunization programme.

The Court has directed an affidavit to be filed by a Secretary level officer of the State Government detailing out the measures taken in the light of the observations made by it.

The District Magistrate and Chief Medical Officer, Prayagraj are to appear through video conferencing on the next date fixed.

The copy of this order has been directed to be sent to the Chief Secretary Government of U.P., District Magistrate, S.S.P. Prayagraj,Lucknow, Varanasi, Kanpur and Gorakhpur within 24 hours forimmediate necessary action at his end.

The matter will be considered next on April 19.

Click here to read/download the order