IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 18601 of 2010(S) --------------------------------------- PETITIONER: ------------------- V.VIKRAMAN @ VIKRAMAN NAIR, S/O.VIJAYARAGHAVAN NAIR, SAKTHINILAYAM, PRIYADARSHINI JUNCTION, PRASANTHI NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-11. BY ADVS. SRI.JOHNSON GOMEZ, SRI.S.BIJU (KIZHAKKANELA). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN – 695 011. 4. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM – PIN: 695 011. 5. THE SUPERINTENDENT, SREE AVITTAM THIRUNAL HOSPITAL (SAT HOSPITAL), THIRUVANANTHAPURAM – 695 011. R1 TO R4 BY GOVERNMENT PLEADER SRI. BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18601/2010-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NEWS PAPER REPORT APPEARED ON MATHRUBHOOMI DAILY ON 3RD MAY 2007. EXT.P.1.A: ENGLISH TRANSLATION OF EXT.P.1. EXT.P.2: COPY OF THE FIR IN CRIME NO.161/2007 OF MEDICAL COLLEGE POLICE STATION. EXT.P.2.A: TRUE ENGLISH TRANSLATION OF EXT.P.2. EXT.P.3: COPY OF THE G.O.(RT).NO.1717/2007 DTD. 15/05/2007. EXT.P.4: COPY OF THE ORDER NO. EG1-55046/07/DHS DTD. 07/06/2007. EXT.P.5: COPY OF THE G.O.(MS).NO.103/2008/H&FWD DTD. 08/04/2008. EXT.P.5.A: TRUE ENGLISH TRANSLATION OF EXT.P.5. EXT.P.6: COPY OF THE LETTER SENT BY THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM TO THE R.1. DTD. 12/03/2010. EXT.P.6.A: TRUE ENGLISH TRANSLATION OF EXT.P.5. EXT.P.7: COPY OF THE G.O.(RT).NO.1371/2010 DTD. 29/03/2010. EXT.P.8: COPY OF THE G.O.(RT).NO.1762/2010 DTD. 28/04/2010. EXT.P.9: COPY OF THE REPORT APPEARED IN MATHRUBHOOMI DAILY DTD. 30/05/2010. EXT.P.9.A: TRUE ENGLISH TRANSLATION OF EXT.P.9. EXT.P.10: COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DTD. 29/05/2010. EXT.P.10.A: COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DTD. 29/05/2010. EXT.P.11: COPY OF THE LETTER NO. G3.5604/2010/MCH DTD. 25/06/2010. EXT.P.11.A: COPY OF THE LETTER NO. G3.5605/2010/MCH DTD. 25/06/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------- W.P.(c) No.18601 of 2010 ------------------------------------------- Dated this the 24th September, 2010 JUDGMENT Ramachandran Nair, J. The petitioner, a member of the Hospital Development Society of the Trivandrum Medial College has filed this writ petition challenging Ext.P8 by which the Government has reconstituted the House Keeping Committee limiting the number to five along with additional members if required to be engaged from the same hospital. The allegation of the petitioner is that on account of the poor hygiene, several patients even died in the Medical College Hospital and also in the SAT Hospital. The main function of the House Keeping Committee is to ensure that the cleaning workers engaged, do their work properly and maintain hygiene in the hospital. The Committee is to supervise the cleaning and sanitation work in the Medial College Hospital. According to the petitioner, experts are not included in the re-constituted committee and the relief sought is for a direction to the respondents to re-constitute the committee with experts in the field to ensure hygiene and sanitation in the hospital. WPC No.18601/2010 2 2. We have heard the counsel for the petitioner and the Government Pleader for the respondents. We have gone through the statement filed by the Government Pleader giving details sought for by this Court. 3. The Committee that has functioned previously, no doubt, consisted of 16 members, out of whom, 13 were Junior Health Inspectors. The Government Pleader submitted that the Junior Health Inspectors were withdrawn from the committee for re-deployment in rural areas where they were previously working. We are in complete agreement with this stand of the Government because if those who are engaged in similar activities in rural areas are withdrawn it will lead to problems in the rural areas where large number of poor people depend on Government medical facilities. Further, we do not think that in order to ensure proper functioning of the House Keeping Committee, these Junior Health Inspectors are required in the Committee. In the re-constituted Committee, Doctors, Nurses and staff in the Medical College Hospital are the members. Every Doctor and Nurses in charge of the patients should ensure that hygiene is maintained in the area where the patient is WPC No.18601/2010 3 given treatment, whether it be the room or ward. It is primarily, their duty to see that patients are put up in hygienic environment. Government is supplying all the sanitation materials including disinfectants and if the cleaning staff do not do their work properly, the person involved should be identified and prompt disciplinary action should be taken. The Superintendent of the hospital and the Nursing Superintendent allots work to the Doctors and Nurses. The Doctors and Nurses under whose care the patients are, should be entrusted with the duty of supervising hygiene and sanitation work in the hospital and simultaneously it should be possible for them to supervise the cleaning staff. We, therefore, feel that what is required is not withdrawal of Health Inspectors from rural areas for deployment in Medical College Hospitals, but to assign the work of supervision or cleaning and sanitation to the Nurses and Doctors on duty in the rooms or wards concerned. The position is same, so far as the Surgical Theatre and even the consulting areas are concerned, where the Doctors and Nurses in charge should supervise cleaning and sanitation work. We direct the Government to issue proper instructions to all the WPC No.18601/2010 4 Superintendents of Medical College Hospital and other Government Hospitals to assign the supervisory work of cleaning and sanitation to the Doctors and Nurses on duty on routine basis. The members of the House Keeping Committee should also co-ordinate in the supervision work. 4. There will be nothing wrong in the Hospital Development Society showing interest in hygiene and sanitation in the hospital and for lapses in cleaning, members like the petitioner should bring it to the notice of the concerned authority for taking appropriate action against the person concerned and if the patients suffer any inconvenience, the supervisory staff should also be made personally liable. C.N.RAMACHANDRAN NAIR JUDGE K.SURENDRA MOHAN JUDGE css/