Delhi High Court has directed the AIIMS to pay Rs 50,000

New Delhi: The Delhi High Court has directed the AIIMS to pay Rs 50,000 as costs to an MBBS aspirant, who was not allowed to write the entrance exam after his Aadhaar card could not be scanned at the centre, and also issued a slew of direction to avoid a repeat of the incident.
.”In view of the non-responsive attitude of AIIMS, both to the candidate’s representation and before this court, the petitioner deserves to be compensated with costs for the treatment that has been meted out to him. In view of the harassment and frustration caused to the petitioner, AIIMS is directed to pay costs of Rs 50,000 to the petitioner,” Justice Prathiba M Singh said.

When the matter was initially listed for hearing, the court had issued notice to AIIMS and the Unique Identification Authority of India (UIDAI), asking them to file their response within a week.

While UIDAI filed a response confirming that the student’s Aadhaar card was genuine, AIIMS failed to file a counter affidavit.
The court also issued a slew of direction to avoid students and candidates, appearing for the AIIMS examinations, being confronted with such incidents.
It directed the All India Institute of Medical Sciences (AIIMS) to include in its brochure the manner in which examination centres respond to various situations such as identification of documents, medical conditions, discrepancies in admit cards and question papers and manner of marking answers.

“In future, the controller of examinations of AIIMS shall ensure that a response team is constituted to deal with issues raised on the day of the examination and such a team should also be able to respond immediately in such emergent situations.
“Since the examination is conducted in centres across the country, the heads of examination centres ought to be given uniform set of instructions to ensure that students are not made to suffer in this manner,” the court said.

It added that if the examinations are conducted online, there ought to be an emergent technical response team to deal with any technical glitches that may arise.

Supreme Court sets aside Himachal High Court order denying relief to IFS officer Sanjiv Chaturvedi

The Supreme Court has set aside a high court order that had declined to interfere with a plea made by Indian Forest Service officer Sanjiv Chaturvedi seeking a stay on a criminal defamation complaint filed against him by Himachal Pradesh Chief Secretary Vineet Chawdhary.

An supreme court bench headed by Chief Justice Dipak Misra found that the Himachal Pradesh High Court order had not adverted to any aspect nor addressed the submissions of the petitioner and sent the matter back to it for passing a reasoned order.

“On a perusal of the order passed by the high court, we find that the learned judge, except stating that he is not inclined to interfere in the petition seeking quashing of the complaint, has not adverted to any aspect. Be it noted though the submissions has been referred to in the impugned order, the same have not at all been addressed,” the apex court said.

In view of the aforesaid, it is appropriate to set aside the impugned order and remand the matter to the high court for fresh consideration and pass a reasoned order in accordance with law, it said.

Vineet Chawdhary, a 1982-batch IAS officer of Himachal Pradesh cadre and former deputy director of All India Institute of Medical Sciences-Delhi, had filed a complaint against Chaturvedi in April 2016, alleging defamation for making public his vigilance profile.

He had also alleged that Chaturvedi made public a confidential letter written by the latter on August 16, 2014 in his capacity as the chief vigilance officer of AIIMS to the then chief secretary, Himachal Pradesh, giving information about pending corruption/departmental inquiries/proceedings against Chawdhary.

Chawdhary had alleged that this letter was circulated to ‘defame’ him and ‘malign his reputation’.

On Chawdhary’s complaint, a court in Shimla had issued summons to Chaturvedi on November 24, 2016.

Chaturvedi approached the Himachal Pradesh High Court seeking quashing of this order and also the complaint filed against him, and submitting that he has been summoned to face trial without there being any mandatory sanction of prosecution from government nor there being any evidence of his involvement in leaking the confidential letter.

On April 6, the high court refused to interfere with the local court order saying that it was open for the petitioner to approach the court concerned; enter appearance and take all such pleas at an appropriate stage.

“It is not that petitioner is remediless and as such must first take recourse to the remedies in accordance with law,” the order passed by the Himachal Pradesh High Court Acting Chief Justice Sanjay Karol read.

It was against this order that Chaturvedi had moved the Supreme Court.

In his petition before the Supreme Court, Chaturvedi stated that being the chief vigilance officer of AIIMS, he had investigated instances of corruption allegedly involving Chawdhary, who was then the deputy director at the premier medical institution, and that being a public servant, no criminal proceedings can be initiated against him without prosecution sanction of the government.

In April this year, the Delhi High Court had issued notices to the central government on a petition filed by an NGO alleging illegal closure of cases involving Chawdhary and some other senior officials of AIIMS.

SC orders woman’s examination over plea to abort 28-week-old foetus

SC orders woman's examination over plea to abort 28-week-old foetus
SC orders woman’s examination over plea to abort 28-week-old foetus

The Supreme Court today set up a medical board comprising doctors from the AIIMS to ascertain the health condition of a 28-week-old foetus and the pregnant woman who wanted to abort it on the ground of abnormality.

A bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud asked the Centre, represented by Additional Solicitor General Tushar Mehta, to ensure that the woman is examined at the earliest and the report of the medical board be submitted on November 20.

The petition, filed through advocate Garvesh Kabra, said that the foetus was suffering a cardiac disorder which might require immediate corrective open-heart surgeries after the delivery.

The woman’s request for an abortion on November 9 was denied by the doctors on the ground that she was past the prescribed period within which she could undergo a medical termination of pregnancy.

“Hence the denial of her right to an abortion has caused the extreme anguish and has forced the woman to continue with her pregnancy while being aware that the foetus or the child after the birth would never survive a healthy and long life.

“That if the pregnancy is not permitted to be terminated then the petitioner and her family members would be living in constant fear of survival of their child, if born,” the plea said.

It also challenged the constitutional validity of section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, which prohibits abortion of a foetus after 20 weeks of pregnancy.

Determination of foetal abnormality in many cases can only be done after the 20th week and by keeping the ceiling artificially low, women who obtain reports of serious foetal abnormality after the 20th week have to suffer excruciating pain and agony because the deliveries that they are forced to go through.

“The ceiling of 20 weeks is therefore arbitrary, harsh and discriminatory and violative of Articles 14 and 21 of the Constitution of India,” the plea said.

( Source – PTI )

AIIMS admits in Delhi HC its laser machine not working

AIIMS admits in Delhi HC its laser machine not working
AIIMS admits in Delhi HC its laser machine not working

India’s premier hospital AIIMS today admitted that its ‘pulse dye laser’ machine, needed for skin treatment, has been out of order for several months, after Delhi High Court castigated it following a complaint that a patient was not getting treated for a serious ailment.

Justice Sanjeev Sachdeva was told by the counsel for All India Institute of Medical Sciences (AIIMS) that they have started repairing the machine which would be functional soon.

“The concerned company has been consulted to do the repair work. We are also in process of purchasing new machines,” the counsel for AIIMS submitted.

Taking note of this, the court asked the institute to complete the process in four weeks and fixed the matter for February 27, by when the institute would have to file a status report on the matter.

On January 16, Justice Sachdeva had sternly told AIIMS “If you have bought a machine, you should maintain it. If the AIIMS does not have funds, which I don’t think is the case, then the government should pay for its repairs.”

Maintaining that the machine has not been working for over 17 months, advocate Ashok Aggarwal, appearing for petitioner Mohammad Quayamuddin, had then said his client had to undergo 10 sessions of treatment, but only one was done in May 2015 as the machine, costing Rs 50 lakh, was out of order.

In response, the court had said “So what? AIIMS has machines worth crores. This is only Rs 50 lakh.”

Quayamuddin, a 23-year-old engineering student, has been unable to get treatment since May 2015 for his skin ailment – port wine stain, as the machine has not been working.

In his plea, Quayamuddin has said that no public-funded hospitals in Delhi, barring AIIMS, has the pulse dye laser machine. And since it has been non-functional, not only he himself but several other patients were also suffering.

He has said that if his ailment is left untreated it can lead to various health complications like bleeding, visual impairments, seizures, developmental delays, glaucoma, paralysis, migraines, tissue outgrowth and endocrine issues.

He has contended that by delaying his treatment, AIIMS was unduly exposing him to such side effects.

( Source – PTI )

SC lets Asaram to be brought to AIIMS for check-up

SC lets Asaram to be brought to AIIMS for check-up
SC lets Asaram to be brought to AIIMS for check-up

The Supreme Court today allowed self-styled religious figure Asaram Bapu to be taken to the All India Institute of Medical Sciences (AIIMS) here from Jodhpur jail under police custody for medical examination.

A bench of Justices A K Sikri and N V Ramana however refused the plea of 75-year-old man, who heads a sect, seeking permission to stay at his ashram in the national capital during the period of check-up.

The order came after a three-member panel of doctors from AIIMS informed the apex court that requisite equipments for evaluation of Asaram’s medical condition were not there in Jodhpur jail and he needed to be brought to the institute for proper check up.

During the hearing, senior advocate Raju Ramachandran appearing for Asaram, sought bail for him and said the media should be directed not to report about the arguments in the case.

To this, the bench said, “No we cannot. Why should we gag them? What is there in this?”

On August 11, the apex court had denied interim bail to Asaram in a rape case and directed AIIMS to set up a medical board to ascertain his health condition before taking up his regular bail plea.

Asaram was arrested by Jodhpur Police on August 31, 2013 and has been in jail since then.

On August 9, the High Court had rejected the bail application of Asaram in the rape case.

A teenage girl had accused Asaram of sexual assault at his ashram in Manai village near Jodhpur. The girl belonging to Shahjahanpur in Uttar Pradesh was a student living in the ashram.

( Source – PTI )

Preserve counselling video for PG courses: Delhi HC

VodafoneDelhi High Court today directed the AIIMS to preserve the video records of a counselling session for post-graduate medical courses held recently, which has come under challenge before it.

The court also issued notice for July 13 to a student who got admission in MD course in Nuclear Medicine even when his rank was allegedly behind the one who did not get the seat, observing that no order should be passed affecting his rights.

A bench of Justices Siddharth Mridul and A K Pathak was hearing an appeal against a single judge order filed by a student, who claimed he was not given admission in Nuclear Medicine course despite coming in second counselling.

The bench said “it would suffice to direct AIIMS to preserve the records including video record pertaining to the second counselling held on June 13, 2016…”.

“Insofaras first direction is concerned, we are in agreement with the counsel’s submission that it would be necessary to issue notice to respondent number 4 (student who got admission) in view of the circumstances that any order passed in this writ petition might affect his rights.

“It is right to say that no order/direction can be issued affecting rights of respondent number 4 without hearing him,” the court said, adding that the appeal is justified.

The appeal filed by advocate R K Saini challenged the June 15 order of the single judge of high court which had issued notice to All India Institute of Medical Sciences (AIIMS), its Dean (Academics) Dr Balram Airan, Sub-Dean (Academics) Dr V K Bansal but had not issued notice to the student who had been admitted.

It had sought direction to AIIMS and its officials to produce the video recording and other records of counselling at the time of hearing.

The petition also sought direction to the institute and its officials to cancel the admission of the student in the Nuclear Medicine course.

It said the appellant had appeared in the first counselling and as he could not get a seat in his preferred Nuclear Medicine course, he opted for second counselling.

It alleged that the candidate whose rank (1880) was far behind the rank of the appellant rank (1835) in the merit list, was admitted to the course “illegally, deliberately and with malafide intention … leaving the appellant in lurch.

( Source – PTI )

AIIMS asked to pay 1 L for negligent eye treatment

aiimsThe premier health institute, AIIMS, has been directed to pay Rs one lakh by a consumer forum here to the parents of a girl child for alleged negligence in carrying out transplantation of cornea in her eye.

South Delhi District Consumer Disputes Redressal Forum bench presided by Justice N K Goel asked the hospital to pay the money to the parents of Haryana resident Baby Priyanka, noting that three corneal graftings (surgery for cornea transplantation) in her left eye failed consecutively as they were done “without proper care and caution”.

“The three consecutive failures of corneal graftings in the left eye of the patient by the doctors of the hospital (AIIMS) establishes that corneal graftings were not done with proper care and caution as was expected from medical experts and certainly failure was the result of negligence on the part of doctors in doing the corneal graftings,” the forum said.

“Therefore, we hold the Opposite Parties (AIIMS and its doctors) guilty of deficiency in service,” it said, directing AIIMS to pay Rs one lakh compensation to victim’s parents.

It also noted that “there is every reason to believe that corneal grafting on all the three occasions in the left eye of the girl was done by the junior/trainee/new doctors and the grafting failed on all three occasions and, therefore, she was advised to undergo fourth corneal grafting in June 2005.”

According to the complaint, the girl had suffered injury in her left eye with a knife and was operated by a doctor at Patiala in April 1998.

However, when she did not get any relief, she was taken to AIIMS for treatment in October 1998 and the three corneal graftings were done in her injured eye on different dates between 1998 and 2001, it said.

It said that post that treatment the girl lost sight in her left eye and, thereafter, she was advised for fourth corneal grafting in June 2005 at AIIMS, it added.

The complaint added that three corneal graftings were performed in girl’s left eye by the Junior/trainee/new doctors without there being any senior doctor and the junior/trainees/ new doctors did the treatment for their practical/learning purposes.

It was also alleged that few broken sutures (stitches) were found in the left eye of the girl which caused her immense pain for around four years.

AIIMS, however, had denied the allegations levelled against it.

Man accused of stalking AIIMS doctor walks free

Man accused of stalking AIIMS doctor walks free
Man accused of stalking AIIMS doctor walks free

A man, accused of stalking and molesting a woman doctor at AIIMS, has been let off by a Delhi court which gave him benefit of doubt saying the prosecution could not prove its case.

Metropolitan Magistrate Pooja Aggarwal acquitted the man, who was also an employee at the hospital, saying the alleged message sent by him to the doctor, which was primary evidence, could not be proved.

“While the woman has deposed as to the accused sending her text message, but for reasons best known to the prosecution the message was not relied upon by the complainant during her examination in chief.

“The allegations levelled against the accused were to be proved only by leading the best evidence i.e. the primary evidence and in this case it was the message itself which has not been proved by the prosecution,” the magistrate said.

It also noted that the prosecution neither seized the phones of the complainant and accused nor placed on record their call detail records to prove the allegation.

“I have carefully considered the arguments raised and the entire evidence on record. From the entire evidence on record, it is seen that the prosecution has failed to discharge the burden cast upon it to prove offence under IPC.

“The testimony of none of its witnesses elucidates the date or time when the accused allegedly followed the complainant at the wards,” the magistrate said.

According to prosecution, the pediatrician at All India Institute of Medical Sciences (AIIMS) here, had lodged a complaint alleging that the accused, a worker in the hospital, stalked her and followed her repeatedly.

She had alleged that he obtained her mobile number from the OPD card and sent her text message confessing that he loved her, it said.

During the trial, the accused had denied the allegations and claimed he was falsely implicated in the case.

“Thus, from the entire evidence on record, as prosecution has failed to prove the ingredients of offence, it has failed to prove its case beyond reasonable doubt and the accused is given the benefit of doubt and he is acquitted…” the court said.

( Source – PTI )

Inter-caste marriage : SC orders to protect newly-wed

Inter-caste marriage : SC orders to protect newly-wed
Inter-caste marriage : SC orders to protect newly-wed

The Supreme Court today asked the Haryana police to provide security to a newly-wed couple against whom a ‘khap panchayat’ in Faridabad has issued diktat for having an inter-caste marriage.

A vacation bench of justices Prafulla C Pant and Amitava Roy also asked Haryana Police and its Delhi counterpart to file response within four weeks to the petition filed by the couple.

Ashish, working in the nephrology department of AIIMS and his wife Bharti, who claims to be a major, had moved the apex court seeking protection from their kin, apprehending threat to their lives for having an inter-caste marriage.

The petition, filed through lawyer Sugriv Dubey, said that the girl was an adult and had solemnised marriage with Ashish, a resident of Uttar Pradesh, in an Arya Samaj temple as per Hindu rites against the wishes of her family.

The girl, hailing from Haryana, was residing “happily with her husband in Faridabad”, the plea said and claimed that her parents, on the directions of a ‘khap panchayat’, were trying kill her and her husband.

Khap panchayats, prevalent in northern India, are village councils generally dominated by members of a single clan or caste.

The couple has claimed they had approached the police in Faridabad seeking protection, but did not get any support.

“The petitioner had intimated the SHO, Faridabad that they will be murdered as a khap of Haryana has decided to get them eliminated, but the police have not taken any step,” the plea alleged.

PIL for CBI inquiry into AIIMS graft: HC

The Delhi High Court on Wednesday issued notices to the Union Health Ministry and All India Institute of Medical Sciences (AIIMS) seeking a CBI inquiry into various cases of alleged corruption and irregularities in the country’s premier health institution. The cases were earlier brought to light by the thennadda.The notices, returnable in four weeks, were also issued to the respondents named in the case, including Health Minister J.P. Nadda, CBI, Central Vigilance Commission and AIIMS. The public interest writ petition, moved by NGO Centre for Public Interest Litigation (CPIL), has sought revival of all cases in which Mr. Chaturvedi had initiated action before he was removed from his post in August last year.

A Division Bench comprising Chief Justice G. Rohini and Justice R.S. Endlaw, issuing notices, posted the matter for hearing on April 22.

The petition, filed through counsel Prashant Bhushan, also a member of Aaam Aadmi Party, alleged that the probe into several irregularities had been slowed down, even though the corruption in the institution was likely to have a bearing on the health and well-being of thousands of patients visiting it.