GPS For Ambulances: Karnataka High Court Disposes PIL Being Satisfied With State's Initiatives

As per an affidavit filed by the Additional Commissioner, Karnataka State Road Safety Authority, “National Informatics Centre has rolled out a feature for new registration of ambulances whereby the Vahan portal will now check at the time of Inspection if Global Positioning System data is available or not. This feature is now enabled in Vahan and after verification and providing training to all RTOs, this will be rolled out throughout the state.”

The High Court had in November 2022, directed the state government to submit details about whether any specific circulars are issued by the competent transport authorities or is there any amendment in prescribed rules so as to seek compliance of fixation of GPS system when the vehicle is registered with transport authority in pursuance of the government communication dated 4-03-2022.

Pursuant to which Additional Commissioner for Transport Environment and e-Governance), Transport Department had replied vide email dated 09.01.2023, stating that a request is made for National Informatics Centre (NIC) to create a database to incorporate Global Positioning System (GPS) component as one of the parameters for newly Registering Ambulance in Vahan Software. In reply the NIC informed about the rolling out of the new feature.

The court had also directed the Department of Health and Family Welfare to decide and re-float the tenders with a prior approval of the Government within 15 days for Selection off a Service Provider for 108-ambulance service .

Pursuant to which the government informed the court that a meeting was convened and after deliberations decided to relax the main eligibility criteria to ensure at least 3-4 Bids in the re-tender to be floated for 108-service. Accordingly, approval of the Government was given on 06.01.203. A short-Term Tender of 21 days has been re-floated on 9th January 2023.

Further it was informed that Circular of Special Police Commissioner, Bengaluru City, dated 30.11.2022 was circulated to all the District Health and Family Welfare officers of Bengaluru Urban, Bengaluru Rural, Ramangara, Tumakuru, Chikkaballapura and Kolar, through a Circular issued by the Commissioner of Health and Family Welfare Service.

In the said Circular it was directed that the said District Health Officers (DHOs) to issue circular in-turn to their Taluk Health Officers, Administrative Medical Officers of General Hospitals and all Private Medical Establishments registered with them under Karnataka Private Medical Establishment Act (KPME Act) and who operate their Ambulances (Private Ambulances) to create awareness and provide the Bengaluru City Traffic Police Special Emergency Response Corridor contact Phone Numbers and to call the Traffic Control whenever they are starting and stuck in the traffic while transporting any emergency patients in Bengaluru City and get their traffic cleared.

It is also directed to all the concerned DHOs to collect the Registration Numbers and Phone Numbers of all Government and Private Hospitals and submit them to the Deputy Director (EMRI) section to be shared with the Traffic Police Control Room later.

In compliance of this all the concerned DHOs have issued circulars to their subordinate officers, Government Hospitals and, all the Private Medical Establishments' Ambulances directing them to utilize the Services of Special Emergency Response Corridor of Bengaluru Traffic Police, to get the traffic cleared whenever they are stuck in the traffic while transporting emergency cases.

The affidavits were filed while hearing a public interest litigation Bharat Punarutthana Trust, seeking directions to Regional Transport Authority to fix all existing and future Ambulances (governmental/ Non-governmental) with Global Positioning System (GPS).

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi, on perusing the records noted that “We are of the opinion that all necessary steps taken by the government show that state government considered issued raised in PIL with a due seriousness and response of state government was very positive. We appreciate the response of the state government and appreciate the approach of the government not treating the petition as adversarial litigation but a means to provide necessary emergency services for the citizens in the cases of medical emergency.”

Accordingly it disposed of the petition saying “We only expect and hope that these steps taken by the government would be effectively implemented by the respective heads at district levels/regional or commissioner levels. As the grievance raised in the petition is duly addressed by the state government and possible efforts are made, the petition is accordingly disposed of.”

Case Title: BHARAT PUNARUTTHANA TRUST v. THE GOVERNMENT OF KARNATAKA & Others.

Case NO: WP 6073/2020

Citation: 2023 LiveLaw (Kar) 11

Date of Order: 11-01-2023

Appearance: Advocate Venkatesh Dalwai for petitioner.