IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20231 of 2008(S)
1. THE PEOPLE'S UNION FOR CIVIL LIBERTY'S
... Petitioner
Vs
1. STATE OF KERALA, REP. BY ITS SECRETARY
... Respondent
2. THE DIRECTOR OF MEDICAL EDUCATION,
3. THE DIRECTOR OF HEALTH SERVICE,
4. THE SUPERINTENDENT, MEDICAL COLLEGE
For Petitioner :SRI.T.RAJASEKHARAN NAIR
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :17/07/2008
O R D E R
H.L.Dattu, C.J. & A.K.Basheer, J.
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W.P.(C).No.20231 of 2008-S
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Dated, this the 17th day of July, 2008
JUDGMENT
H.L.Dattu,C.J.
The petitioner organization is a public spirited organization,
which espouses the issues relating to the general public and, it appears, it
is constituted for protecting the civil rights of the people and also for
ensuring social justice to the people of the locality.
2. The grievance of the petitioner in this writ petition is that
the authorities of the State Government are attempting to stop the
functioning of the Medical College Chest Hospital, Mulankunnathukavu
in Thrissur district. Therefore, the petitioner seeks the following reliefs:
“I. Call for the records relating to issuance of
Exhibit P-5 orders of the Government and to quash the same
by issuing a writ of certiorari or other appropriate writ or
order.
II. To issue a writ of mandamus or other
appropriate writ or order or direction, directing the
respondents, not to take any steps, which would adversely
affect the smooth functioning of the Medical College
Hospital, Mulankunnathukavu as assured by them before
this Honourable Court in Exhibit P1 judgment.
III. To issue a writ of mandamus or other
appropriate writ or order or direction, directing the
respondents to restore all the facilities including new
W.P.(C).No.20231 of 2008-S – 2 –
admission of inpatients, better treatment by the efficient
doctors and also providing food to the inpatient etc. as
directed by this Honourable Court in Exhibit P1 judgment”.
3. When the matter was posted before this Court for
admission, the learned Government Pleader was directed to get
appropriate instruction.
4. Dr.M.A.Raveendran, Superintendent, Medical College
Chest Hospital, Thrissur has written a letter to the learned Government
Pleader dated 11th July, 2008. In that, he has stated, that, the said Hospital
is taking care of the T.B. patients. The information given by the
Superintendent of the Hospital to the learned Government pleader is as
under:
“Medical College Chest hospital which was
commissioned on 12-12-1986 as per GO(Rt).
4383/86/H&FWD Dated 12-12-1986 is having 75 beds in
the H block.
The Tuberculosis patients are given all the facilities:
1. OP service on all days except Sundays,
2. 24 hour casualty service on all 365 days of year,
3. Hospitalization (inpatient care) whenver required,
with Medicines under DOTS and diet,
4. All routine blood, urine and sputum examination,
4. Special investigations including x-rays, ECG, Lung
function tests and bronchoscopy.
5. Consultation services in Medicine and other Medical
specialties in MC Chest Hospital and Surgical
consultation in New Medical College Hospital.W.P.(C).No.20231 of 2008-S – 3 –
In accordance with the spirit of judgment of Hon.
High Court in OP No.4054/83 TB patients are given all the
facilities they were getting at the time of judgment.
The treatment of Tuberculosis has undergone a
breakthrough by the introduction of the Revised National
Tuberculosis Control Programme (known as RNTCP).
Under this programme Designated Microscopic centre
(DMC) was started in Medical College to detect sputum of
TB patients to detect the TB bacteria on 16.2.2003. The
Districution of Medicines and follow ups are done through
the DOTS centre (Directly Observed Treatment Strategy)
attached to Medical College Chest Diseases Department
whwich started functioning since 10.3.03.
The DOTS regime of treatment under the National
programme was found to be very effective and hence it is
administered on all India basis. The policy is to provide
domiciliary drug administration under Supervision of TB
patients 3 times a week. The patients are evaluated in the
DOTS centre and they are referred to local Primary Health
Centers (PHC) near their residence where medicines for
Tuberculosis patients are made available free of cost. If the
patient is ill or if he requires admission, patient is admitted
in Medical College Hospital and later transferred to the
PHCs. Under this scheme there is a drastic reduction in the
number of Tuberculosis patients who requires admission.
In the judgment of OP 4054/1983 it is mentioned that
there are 3000 patients registered for sanatorium care. TB
ward of the District hospital was also stopped and the
patients were transferred to Medical College when the new
W.P.(C).No.20231 of 2008-S – 4 –
building H block was commissioned in 1986. The 6 doctors
in the Health Services on working arrangement were
transferred to Chest hospital on that occasion as per GO
(Rt).No.4383/86/H&FWD dated 12-12-86. The staff
transferred is under the administrative control of the
Director of Medical Education. Further proposal for
additional post creation has not been requested from the
office of the Principal.
RNTCP programme
2007 Patients registered for TB treatment.
No admission – referred 398
Admitted/treatment initiated and
Transferred 409 Total 8072008 (upto June 2008)
Patients registered for TB treatment.
No admission – referred 363
Admitted/treatment initiated and
transferred 104 Total 467Chest hospital
Hospitalization TB patients new/readmission/and
Old TB included Average days of
hospitalization – 7 days. 470 in year 2007″.
5. Having gone through the information that the
Superintendent of the Hospital has furnished to the learned Government
Pleader, we are of the opinion that there is neither an attempt nor a serious
attempt on the part of the respondents to stop the functioning or
W.P.(C).No.20231 of 2008-S – 5 –
downgrading of the Medical College Chest Hospital,
Mulankunnathukavu, Thrissur district. In that view of the matter, no
orders need be passed in this writ petition and the same is, accordingly,
closed.
Ordered accordingly.
H.L.Dattu
Chief Justice
A.K.Basheer
Judge
vku/-