"We Hope State Govt Is Not Playing Politics With Installation Of RT-PCR Diagnostic Lab In City Hospital" : Gauhati High Court

Taking note of Directorate of Information & Public Relation's news report dated 15th June last year highlighting the recommendation to set up RT-PCR diagnostic laboratory in Civil Hospital, Lunglei, the Gauhati High Court on Wednesday directed the State Government to inform steps taken by it for establishment of the aforesaid laboratory and the number of RT-PCR machines put to use in various districts in Mizoram.

Observing that the 'flip flops' made by the State Government was quite apparent, the division bench comprising of Justice Michael Zothankhuma and Justice Nelson Sailo observed thus:

"It is the requirement of the State Government to give the best to the people that it has to serve. The documents on record, though few, however gives rise to an inference that the State Government is not serious in trying to utilise the gifted RT-PCR machine. The flip-flops made by the Government is quite apparent as the letter dated 07.05.2021 issued by the Director, Hospital & Medical Education clearly shows that the RT-PCR machine can be installed in the Microbiology Department at Civil Hospital, Lunglei."

Furthermore, it said:

"We hope that the Government is not playing politics with the installation of the RT-PCR diagnostic laboratory in Lunglei which would be of great help in the fight against Covid-19. The fact that the State needs machines for further testing in the fight against the Pandemic is quite apparent from the DIPR news report dated 02.06.2021."

The development came while the Court issued notice in a PIL seeking directions on the State authorities in terms of a letter dated 7th May issued by the Director, Hospital & Medical Education, Mizoram, to install the RT-PCR machine at Civil Hospital, Lunglei which was donated to the Lunglei District Authorities on 26th June last year.

According to the petitioner, the Health Department of the Government of Mizoram issued an order dated 14th June 2020 stating that the competent authority was pleased to detail a team of experts to visit Lunglei, to explore the feasibility for establishment of a make-shift Covid-19 RT-PCR diagnostic laboratory at Civil Hospital, Lunglei, to cater to the needs of the 4 districts of south Mizoram and to fulfil the indication made to that effect by the Minister, Health & Family Welfare Deptt., during early March, 2020.

It was also stated that MLA Zodintluanga also donated a new RT-PCR machine last year to the district authorities for setting up the aforesaid Laboratory. Accordingly, the Secretary to the Government of Mizoram, Health Department issued a Notification dated 02.07.2020 to immediately shift the RT-PCR machine donated by Shri Zodintluanga, MLA from the DC Office, Lunglei to the Lunglei District Hospital.

However, it was submitted that the respondents did not take concrete steps to utilize the said machines in installing the laboratory. It was also submitted that the Respondents were not setting up the RT-PCR diagnostic laboratory only because the machine has been gifted by an Opposition MLA. Furthermore, it was stated that the State Government should not be allowed to play politics/games with the lives of the people who are to be benefitted by the said machine.

In view of the aforesaid submissions, the Court observed thus:

"The matter at hand has to be taken seriously as the continuous lockdown imposed by the State for a period of 2 months at a stretch shows the seriousness of the predicament the State is in. The Pandemic cannot be taken lightly. The State Government and the Central Government have imposed lockdowns on and off since March, 2020. It is surprising to note that the State Respondents have not taken steps to utilise the donated RT-PCR machine even after a year of the same being donated."

Furthermore, it said:

"It is not understood as to why the State Government through the Health Department is not considering or attempting to establish RT-PCR diagnostic laboratories not only in the Civil Hospital, Lunglei, but also in all the District capitals within the State of Mizoram, especially when the guidelines for effective control of Covid-19 provided in the Ministry of Home Affairs (MHA) order No. 40-3/2020-DM-1(A) dated 23.03.2021 requires the scaling up of the proportion of RT-PCR test in all districts of the States and Union territories"

Issuing notice in the plea, the Court directed the State to take instructions on the number of regular sanctioned posts of Lab Technicians in the Health Department and the number of vacant regular posts of Lab Technician as on date. The Court also directed that instructions should be obtained on the number of regular sanctioned posts of Micro-biologist and Health Workers in the Health Department, actual vacancies of the two posts and also the number of volunteers that are working in the Health Department on voluntary basis for the collection of swab samples and for helping in covid testing.

"The learned Additional Advocate General shall also obtain instructions as to the number of Micro-biologist, Lab Technicians, Health Workers and volunteers being utilized in the RT-PCR laboratory in Zoram Medical College (ZMC) and the number of persons working per shift in the RT-PCR laboratory in ZMC. The respondents no. 1 to 4 shall file their affidavit in opposition by the next date" the Court directed further.

The matter will now be heard on 23rd June.

Title: L.H Lalzarzoliana v. State of Mizoram and 3 Ors

Click Here To Read Order