1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR PIL No. 4 OF 2010 with W.P. No. 3639 of 2009 Mrs. Kirti Atul Nipankar v. Principal Secretary, Ministry of Health, Govt. of Mah. & ors. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- None present for the Petitioner. Mr. Nitin Sambre, GP for Res. no.1. Mr. S.M. Puranik Advocate for Res. no.2. Mr. S.K. Mishra Adv. For Res. no.5 Mr. B.N. Mohta Advocate for Res. no.6. ..... CORAM: V.C. DAGA & A.B.CHAUDHARI, JJ. DATED : 22 nd DECEMBER, _2010. Perused petition. Heard learned counsel for the parties. In this public interest litigation, prayer is that National Institute of Virology at Pune and Haffkine Institute at Mumbai are required to take care of the needs of the populace of entire state of Maharashtra, as such their branches be ordered to be established at the district places. Affidavit filed on record by the State of Maharashtra solemnly affirmed by the Additional Chief 2 Secretary (Public Health Department), Maharashtra State, Mumbai, in response to the notice of this Court mentions that there are two laboratories for testing- one at Pune and another at Mumbai. The daily testing capacity of NIV at Pune is 400 samples and at Haffkine Institute at Mumbai is 50 samples. The data produced before us unequivocally states that for the year 2009-10 total 25,216 samples were forwarded, out of which 4943 swabs were found Influenza A(H1N1) positive. Whereas in the year 2010- 11, total samples forwarded were 18391 from the entire State, out of which 3855 swabs were found Influenza A(H1N1) positive. If the figures furnished in the data are taken into consideration it would be clear that the samples forwarded from Aurangabad, Nagpur, Akola and Latur were almost more than 3000. If one calculates the samples forwarded in the light of testing capacity of the two laboratories, it would be clear that one sample would take minimum 50 days for the laboratory test. Looking to the period of about two or three months during which swine flue exists, one can imagine if a person is suffering from Influenza A (H1N1) virus, what would happen to the health of that patient during the period of these 50 days. In the above circumstances, the respondent no.1- the State Government and respondent no.6- Union of India need to consider the necessity of establishing two additional laboratries – one at Nagpur 3 and another at Aurangabad, all the more so because other tests can also be carried out expeditiously. The State Government is directed to approach the Indian Council of Medical Research, Ministry of Health & Family Welfare, Government of India, to establish at least two Laboratory units- one at Aurangabad and another at Nagpur. We hope the State Government will take proper decision in this behalf. With these directions, the public interest litigation and writ petition stand disposed of with no order as to costs. JUDGE JUDGE /TA/ 4