IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 W.P.(C).No.20231 of 2008(S) ------------------------------------------------ PETITIONER: ------------ THE PEOPLE'S UNION FOR CIVIL LIBERTY'S (PUCL), REPRESENTED BY ITS DISTRICT PRESIDENT SRI.SREEDHARAN THERAMBIL, THRISSUR DISTRICT COMMITTEE, AISTRIL COMMITTEE OFFICE, V.K.N.BUILDINGS, POST OFFICE ROAD, THRISSUR DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS:- ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICE, HEALTH DIRECTORATE, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT, MEDICAL COLLEGE CHEST HOSPITAL, THRISSUR. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. -------------------------------------------------- W.P.(C).No.20231 of 2008-S -------------------------------------------------- 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 807 2008 (upto June 2008) Patients registered for TB treatment. No admission - referred 363 Admitted/treatment initiated and transferred 104 Total 467 Chest 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/-