WILSON K. JAISWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner who is a practising lawyer of this Court, has approached this Court in the present proceedings, praying for directions to the respondents for issuance of directions to all hospitals/Covid centres, whether private or Government (for short 'medical centres') across the State of Maharashtra, to the effect that no patient approaching such medical centres with any symptom of cough, fever, cold, breathlessness and other symptoms of corona virus, be denied admission, by insisting upon RT-PCR test report.

(2.) It is the petitioner's case that although a person's RT-PCR report is negative, reports like the CT scan report would show the person is infected by Corona virus. The concern of the petitioner is that prompt treatment should be made available to such patients who have all symptoms of being infected by Corona virus except for the fact that the RT-PCR is negative. The petitioner contends that in this situation such patient cannot be denied admission by any hospital or a medical centre, for the reason that the RT-PCR report is negative or is not available when all the major symptoms of infection are present. Another concern raised by the petitioner is that many a times the symptoms are severe and the patient if does not receive treatment during the golden hour, the virus would promptly attack the lungs. Hence valuable time is lost if the patient is not admitted by the hospital by insisting on the RT- PCR report. He says that in certain cases it may be too late for the patient who may end up losing his life. In short, the case of the petitioner is that what is important is assessment of the clinical symptoms and which are now quite clear resembling symptoms being infected by Covid-19 supported by such material other than the RT-PCR report.

(3.) At the hearing of this petition on May 12, 2021, we observed that Shri.Shinde, learned Assistant Government Pleader appearing for the State shall appraise us of the conditions that a patient is required to satisfy for admission in a hospital reserved for Covid-19 patients. On the adjourned date of hearing of the petition, on May 19, 2021 Ms.Shastri, learned Addl.GP representing the State, had drawn our attention to an advisory/circular dated May 08, 2021 issued by the Ministry of Health and Family Welfare, Government of India which laid down guidelines to be followed by hospitals run by the Central Government and State Governments as well as private hospitals, while admitting patients affected by Covid-19. We recorded that such guidelines revealed that the Union Health Ministry has advised the Chief Secretaries of the States/Union Territories to issue necessary orders and circulars incorporating the directions contained in such advisory/circular within three days for strict enforcement. However, Ms.Shastri was unable to invite our attention to any order/circular having been issued by the Chief Secretary of the State of Maharashtra in pursuance thereof and had prayed for time.