IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND NINE :PRESENT: THE HON’BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE: C.V.NAGARJUNA REDDY WRIT PETITION NOS. 16878 AND 17347 of 2009 W.P.No. 16878 of 2009: Between: Mr. Sridhar Reddy, S/o. Sri Madhava Reddy. ..... Petitioner AND 1. The Government of Andhra Pradesh, rep. by its Secretary, Medical & Health Department, Secretariat, Hyderabad. 2. The Secretary, Education Department, Secretariat, Hyderabad. 3. The Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Tank Bund Road, Hyderabad. 4. Tirumala Tirupathi Devasthanam Board, rep. by its Chairman, TTD, Tirumala, Tirupathi, Chittoor. 5. Sports Authority of Andhra Pradesh, rep .by its Vice-Chairman and Managing Director, L.B.Stadium, Fateh Maidan, Hyderabad. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any appropriate Writ, Order or direction more particularly one in the nature of Mandamus directing (a) the respondents 1 to 3 to pass an order, rule or regulation restricting the entry into public places like, cinema theatres, parks, restaurants, star hotels (above three star), tourist places, museums, exhibitions, shopping malls, markets, sports tadia, convention centers etc., only to those persons who wear a mask covering their nose and mouth. (b) to direct the fourth respondent to pass an order, rule or regulation restricting the entry to Sree Venkateswara Swami temple and its precincts only to such pilgrims, staff, officials, except archakas in sanctum sanctorum of the temple, who wear masks covering their nose and mouth. (c) directing the respondents 1 to 4 to take up awareness programs in electronic media including radio and print media educating people on symptoms of New H1N1 influenza, its preventive measures, and treatment. The Petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated. 16-09-2009 made herein and upon hearing the arguments of Sri K.R.Raman, Advocate for the Petitioners, G.P. for Medical & Heath for the Respondent No.1, G.P. for Education for the Respondent No.2, Sri R.Ramachandra Reddy for the Respondent No.3, Sri P.Nageshwara Rao for the Respondent No.4 and of G.P. for Sports Authority for the Respondent No.5. ..2.. W.P.No. 17347 of 2009: Between: The A.P. Medical Representatives Union, Regd. No. 3321, Hyderabad, rep. by its President, Mukund Kulkarni, S/o. Late K.G.Kulkarni. ..... Petitioner AND 1. The Union of India, rep. by its Secretary, Ministry of Health and Family Welfare, New Delhi. 2. The Government of Andhra Pradesh, rep. by its Principal Secretary, Medical, Health and Family Welfare Dept., Secretariat, Hyderabad. 3. The Nodal Centre for Treatment of A/H1N1 Cirus, Chest Hospital, Erragadda, Hyderabad. 4. The Union Secretary, Ministry of Civil Aviation, Sastry Bhavan, New Delhi. 5. The District Collector, Rangareddy District at Lakdikapool, Hyderabad. 6. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad. 7. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Commissioner, Greater Vijayawada Municipal Corporation, Vijayawada, Krishna District. 9. The Commissioner, Greater Tirupati Municipal Corporation, Tirupati, Chittoor District. 10. The Google India Ltd., rep. by its Chief Executive Officer, Madapur, Hi-tech City, Hyderabad. 11. The Centre for Cellular Molecular Biology (CCMB), Tarnaka, Hyderabad. 12. The Institute of Preventive Medicine, Narayanaguda, Hyderabad. 13. The Chief Executive Officer, GMR Private Ltd., Shamshabad Airport, Ranga Reddy District. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus directing the respondents herein to conduct mandatory screening of all passengers, emanating from International Flights being operated to the State of Andhra Pradesh till such time the virus A (H1N1) by declaring the impugned inaction as illegal, arbitrary and violative of provisions contained in Epidemic Diseased Act, 1897 and A.P. (Andhra Area) Public Health Act, 1939 and Hyderabad Municipal Corporation Act, 1955. The Petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated. 16-09-2009 made herein and upon hearing the arguments of Sri V.Mallik, Advocate for the Petitioner, G.P. for Medical & Heath for the Respondent No.2, Sri A.Rajasekhar Reddy, Asst. Solicitor General for the Respondent No.4 and of Sri L.S.Kishore, Advocate for the Respondent No.13, the Court made the following ..3.. ORDER: “ The matter was discussed in detail in the presence of Dr. S.V.Prasad, A.P. Chest Hospital, Hyderabad. Upon considering several facets with regard to the Swine Flu disease, we think that the following course should be adopted by the State, to which the learned Additional Advocate General has also agreed. i. In all localities, at a place which can be easily accessed, screening centers having Doctors should be established, where the persons having doubt with regard to Swine Flu can be examined. ii. The respondents should give wide publicity through print and electronic media about the location and functioning of the screening centers. iii. Upon clinical examination, if the concerned Doctor suspects that a patient has been suffering from Swine Flu, the concerned patient shall be immediately taken to the appropriate hospital so that further treatment can be given and it can also be ascertained with the help of the medical tests, whether the concerned patient is suffering from Swine Flu; iv. For the afore-stated purpose, adequate vehicles and adequate Doctors should be provided at the places which shall be earmarked for the screening test; v. It appears that sufficient number of ventilators are not available in the Government hospitals. The Government should immediately do the needful for procuring sufficient number of ventilators to the appropriate hospitals where proper treatment can be given to the patients. vi. Needful should be done by the government authorities to see that private hospitals should also extend full cooperation to the patients suspecting Swine Flu or suffering from Swine Flu. vii. We are sure that the Government hospitals will be equipped with all facilities so that such hospitals may not have to refer the patients, who are suspected of Swine Flu, to another hospital for want of adequate facilities like ventilators, beds etc. Stand over to 05-10-2009 so as to know what further action has been taken by the government authorities to prevent further spread of Swine Flu in the State.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary, Medical & Health Department, Government of Andhra Pradesh, Secretariat, Hyderabad. ..4.. 2. The Secretary, Education Department, Secretariat, Hyderabad. 3. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad. 4. The Chairman, Tirumala Tirupathi Devasthanam Board, TTD, Tirumala, Tirupathi, Chittoor. 5. The Vice-Chairman and Managing Director, Sports Authority of Andhra Pradesh, L.B.Stadium, Fateh Maidan, Hyderabad. 6. The Secretary, Ministry of Health and Family Welfare, Union of India, New Delhi. 7. The Principal Secretary, Medical, Health and Family Welfare Dept., Government of Andhra Pradesh, Secretariat, Hyderabad. 8. The Nodal Centre for Treatment of A/H1N1 Cirus, Chest Hospital, Erragadda, Hyderabad. 9. The Union Secretary, Ministry of Civil Aviation, Sastry Bhavan, New Delhi. 10. The District Collector, Rangareddy District at Lakdikapool, Hyderabad. 11. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 12. The Commissioner, Greater Vijayawada Municipal Corporation, Vijayawada, Krishna District. 13. The Commissioner, Greater Tirupati Municipal Corporation, Tirupati, Chittoor District. 14. The Chief Executive Officer, Google India Ltd., Madapur, Hi-tech City, Hyderabad. 15. The Centre for Cellular Molecular Biology (CCMB), Tarnaka, Hyderabad. 16. The Institute of Preventive Medicine, Narayanaguda, Hyderabad. 17. The Chief Executive Officer, GMR Private Ltd., Shamshabad Airport, Ranga Reddy District. 18. Two CCs to G.P. for Medical & Health, High Court of A.P.Hyd(OUT) 19. Two CCs to G.P. for Education, High Court of A.P.Hyd(OUT) 20. Two CCs to G.P. for Sports Authority, High Court of A.P., Hyd(OUT) 21. One CC to Sri K.R.Raman, Advocate(OPUC) 22. One CC to Sri V.Mallik, Advocate(OPUC) 23. Two spare copies. SAH HIGH COURT HCJ & CVNRJ DATED: 24-09-2009 NOTE: STAND OVER TO 05-10-2009 ORDER WP.NOS. 16878 AND 17347 OF 2009 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 24-09-2009 HIGH COURT HCJ & CVNRJ DATED: 24-09-2009 NOTE: STAND OVER TO 05-10-2009 ORDER WP.NOS. 16878 AND 17347 OF 2009 DIRECTION