NAZMI IMTIYAZ S O IMTIYAJ AHMAD KHAN Vs. PROJECT MANAGER NATIONAL POLIO SURVEILLANCE PROJECT AND SURVEILLANCE MEDICAL

JUDGEMENT

(1.) Heard Sri Ashok Khare, Senior Advocate assisted by Sri S.K. Gupta for the petitioners and Sri Ashok Mehta for the respondents and also perused the record.

(2.) This writ petition has been filed for a direction in the nature of certiorari for quashing the notice issued by the Surveillance Officer, National Polio Surveillance Project, Azamgarh Unit, Azamgarh as published on the notice board on 23.6.2003 and all the proceedings in pursuance thereto. Further a direction has also been sought commanding the respondents to permit the petitioners to function as Block Monitors under the National Polio Surveillance Project at Azamgarh Unit, Azamgarh, not to cause any interference in such functioning and to pay the petitioners their regular monthly salary and conveyance allowance as has been paid till the month of June, 2003, regularly every month.

(3.) An indo-Danish Government agreement on Danish support to the pulse polio campaign in India was signed in May 1996. The Danish grant included supply of vaccine and cold chain equipment, support to development of immunity surveillance system and support to a Polio Surveillance System (PSS) for the whole of India. In August 1996 an agreement was signed with World Health Organization (WHO) country office in India according to which, the WHO country office is assisting the Government of India (GOI) with implementation of the Pulse Polio Surveillance Scheme (PSS). The Assistant Commissioner for Project Implementation Programme (PIP) in the Ministry of Health and Family Welfare (MOH & FW) is in charge of implementing the PSS assisted by a national level epidemiologist from WHO. According to the Project Organization the PSS project is implemented by the MOH & FW in collaboration with the WHO country office. The Danish Government (DANIDA), U.S. AID and Rotary international provided financial support to the implementation of the PSS. WHO's technical assistance is provided through a complimentary PSS project organization. A central office-the National Surveillance Unit (NSU)- is establishes in Delhi with office space provided by the GOI. The National Surveillance Unit works with the Assistant Commissioner responsible for surveillance. A network of (project) surveillance officers was established to assist with the integration and strengthing of polio (and other diseases) surveillance activities at State and district levels for which Regional Surveillance Medical Officers (RSMO) were placed in 7 "regions" and 40 Surveillance Medical Officers (SMO) plus 12 Assistant Surveillance Medical Officers (ASMO) were placed at State level. The WHO representative to India has overall responsibility for the project with power to delegate the project implementation to the national level epidemiologist as incharge of the PSS. The national level epidemiologist is to be assisted by the National Surveillance Unit, including a National Surveillance Coordinator (WHO posting). The Administration and Accounts Coordinator, who will be guided on administrative and financial matters by the WHO country office, will function as the day-to-day administrator of the PSS. All staff in the National Surveillance Unit and all RSMOs, SMOs and ASMOs are to report to the national level epidemiologist. RSMO's, SMO's and ASMO's driver and administrative assistant would report to the RSMO, SMO or ASMO.