HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

FRIDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY

:PRESENT:

THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND

THE HON`BLE SRI JUSTICE B.VIJAYSEN REDDY

<u>WP(PIL) NOS: 56, 58, 59, 61, 78, 82, 91, 92, 96,</u> <u>111, 140, 142, 146, 154, 156, , 163, 168 & 182 OF 2020</u>

WP(PIL). No. 56 of 2020

Between:

Mr. R. Sameer Ahmed, Advocate, 1^st Floor, 10-3-311/2/A/3/A, Castle Hills Road No.1, Behind NMDC, Masab Tank, Hyderabad 500 057

...Petitioner

AND

• 1. State of Telangana, Rep. by its Chief Secretary, Secretariat, Hyderabad.
• 2. State of Telangana, Represented by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad.
• 3. State of Telangana, Represented by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad.
• The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad.
• 5. State of Telangana, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad
• 6. The Director General of Police, State of Telangana, Lakdikapool, Hyderabad.
• 7. The Commissioner of Police, Cyberabad Commissionerate at Hydérabad.
• 8. The Commissioner of Police, Hyderabad city, Basheerbagh, Hyderabad.
• 9. State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Letter dated 27.03.2020 sent by the petitioner herein through email, the High Court may be pleased to issue an appropriate Writ, Order or Orders more particularly, one in the nature of a Writ of Mandamus to call for remarks from the Respondents herein relating to and in connection with "protecting the lives of the Doctors and their assisting staff in putting their life at risk by not providing complete Personal Protection Equipment i.e., N-95 Respirator Mask, Face shield, goggles, Corvell/ Gowns, Shoe covers, Head covers etc., while testing reasonable suspects and patients of Epidemic/Pandemic COVID-19", since the Government of Telangana has directed the Medical Practitioners/ Civil Assistant Surgeons serving in all Primary Health Centres (including Urban Primary Health Centres) to physically visit the residence of each suspect, examine and conduct counseling to reasonable suspects and the vulnerable family members having the recent history of traveling from abroad and that the said Officers are directed to continue the same activity on daily basis till the completion of 14 days of incubation period, as the State is duty bound to protect the lives of the Doctors and their assisting staff who are putting their life at risk without being provided complete Personal Protection Equipment i.e., N-95 Respirator Mask, Face shield, goggles, Corvell/Gowns, Shoe covers, Head covers etc., which amounts to sheer infringement of their Right to life enshrined under Article 21 of the Constitution of India

This petition coming on for hearing, upon perusing the Letter dated 27.03.2020 sent by the petitioner herein through email and upon hearing the arguments of Advocate General on behalf of Respondent Nos. 1 to 3 and 5 to 9 and of Sri N. Ashok Kumar, Standing Counsel for Respondent No. 4,

WP(PIL) NO: 58 OF 2020

Sri. P. Thirumala Rao, Advocate Enrolment No. (AP/423/2000) Advocate Code - 8365 Mobile - 9440553070 Email id – [email protected]

...Petitioner

AND

Between:

• Union of India, rep. by its Secretary Department or Medical and Health, Central Secretariat, New Delhi.
• 2. Indian Council of Medical Research (ICMR), COVID-2019, New Delhi.
• 3. State of Telangana, Rep. by its Chief Secretary, Secretariat, Hyderabad.
• 4. State of Telangana, Represented by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad.
• 5. The Director of Medical and Health, Government of Tetangana, Koti, Hyderabad.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Orders more particularly, one in the nature of a Writ of Mandamus to call for remarks from the Respondents herein relating to and in connection with Government imposing charges For COVID-2019 test on patients in this lockdown circumstances by private laboratories upto Rs.4,500/- is grossly arbitrary and discriminatory which would Frustrate and defeat the very purpose and objective of the Government and the Governments (both Central and State) ought to assure and undertake the Full responsibility of providing to the citizens, the treatment For COVID-19 CORONA VIRUS Free of cost at private medical laboratories and private medical establishments and to call for a status report on the diagnostic tests undertaken and treatment of COVID-19 patients, from the concerned authorities and to direct the Union of India and the State of Telangana to provide for diagnosis and treatment to patients suffering from CORONA VIRUS, Free of cost at private medical laboratories and private medical establishments and to Ziener the union of India and the State of Telangana to provide for diagnosis and treatment to patients suffering from CORONA VIRUS, Free of cost at private medical laboratories and private medical establishments

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri P. Thirumala Rao, Party in person and of Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General on behalf of Respondent No. 1 & 2 and of Sri B.S. Prasad Advocate General on behalf of Respondent Nos. 3 to 5

WP(PIL) No. 59 OF 2020

Between:

• Prof. P.L. Vishweshwar Rao, Occ. Convenor, Telangana Democratic Forum and Vice President of Telangana Jana Samithi, R/o. H.No. 33-23/1, Officers Colony, Rama Krishnapuram, Secunderabad – 500056.
• Dr. Cheruku Sudhakar, MBBS, S/o. Usha Goud, Occ. Doctor, H.No.14-70, V.T. Colony, Nakrekal, Nalgonda District, Telangana State - 508211

...Petitioners

AND

• Union of India, Ministry of Health and Family Welfare, Maulana Azad Road, Nirman Bhavan, New Delhi - 110011.
• 2. The State of Telangana, Rep by Chief Secretary, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 3. The State of Telangana, Rep by its Principal Secretary to the Medical and Health Department, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 4. The State of Telangana, Rep by its Principal Secretary to the Finance Department, Telangana Secretariat, B.R.K.R. Bhavan, Hyderabad.
• 5. The State of Telangana, Rep by its Principal Secretary to the Civil Supplies Department, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 6. The State of Telangana, Rep by its Principal Secretary to the Labour Department Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 7. The Commissioner and Director, Medical and Health Department, Koti, Hyderabad, Telangana.
• The Commissioner, Civil Supplies Department, Civil Supplies Bhavan, H.No.6-3-655/1/A, 3^rd Floor, Punjagutta Road, Somajiguda, Hyderabad, Telangana.

9. The Labour Commissioner, State of Telangana, T. Anjaiah Bhavan, RTC X Road, 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus in declaring the inaction of the respondents in providing proper quarantine to the passengers, who came from Abroad to Telangana from 1^st February, 2020 to 25th March, 2020 for 14 days and non-providing Medical Personal Protective Equipment (PPE), N-95 Masks to the Doctors, Para-Medical Staff, who are working in the Medical field in prevention of Spread of Covid-19 in the State of Telangana and also in non-import-non manufacture the Medical Equipment like Diagnosis kits of COVID-19, Ventilations, Personal Protective Equipment (PPE), N-95 Masks, Sanitizers etc., in protection of right to life of Public at large, and non-supplying the daily essential goods at reasonable prices like food-grains, vegetables, medicines etc., in door delivery to the public at large and non-providing daily essential food-grains, vegetables, fruits, Masks, medicines, shelter and minimum expenses etc., to the lakhs of Unorganized labour, beggars, Inter-State Migrant Labors, Orphans, Street Children, Destitutes, Nomadic Tribes, Semi -Nomadic Tribes and Hostel Students, who are non-registered in the white card scheme and living in the State of Telangana in the lock down period as illegal, arbitrary, discriminatory, unreasonable, unfair, unjust, unlawful, unconstitutional, whimsical, perverse, mockery and against to an Article 14, 19, 21 of Constitution of India and against to the Provisions of the Epidemic Diseases Act, 1897 and The Inter State Migrant Workmen Act, 1979 and other Labor Laws and against to the Catena of Judgments of an Apex Court and this Honble Court and Consequently, direct the respondents to quarantine the all passengers, who came from Abroad to Telangana by All ways (Airway, Railway and Road Transport) from 1st February, 2020 to 25th March, 2020 for 14 days and direct the respondents to either manufacture or import the large Scale Diagnosis Kits of COVID-19, N-95 Masks, kits of Personal Protective Equipment (PPE) and Ventilators to protect the lives of Doctors, Para-medical staff and Public at Large of Telangana, who are working in the field of prevention of Spread of Covid-19 and direct the respondents to provide daily minimum needs, like food grains, vegetables, fruits, shelter, N-95 Masks, sanitizers and Minimum Expenses to the lakhs of unorganized labor, beggars, Inter-State Migrant Labour, Orphans, Street Children, Destitutes, Nomadic Tribes, Semi-Nomadic Tribes, Hostel Students, who are non-registered in the white card scheme and living in the State of Telangana and to direct the respondents to supply in door delivery daily need essential goods at reasonable prices like food-grains, vegetables, fruits, N-95 Masks, sanitizers, etc., and also direct the respondents to Diagnosis of COVID-19 to the people at home in lock down period till no COVID-19 Positive get into the record in the State of Telangana

This petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Prabhakar Chikkudu, Counsel for the petitioner and of Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General on behalf of Respondent No. 1 and Sri B.S. Prasad, Advocate General on behalf of Respondent Nos. 2 to 7 and 9, and of Sri A. Jagan, Advocate for the respondent No. 8,

WP(PIL).NO.61 OF 2020

Between:

Sri. K.Karuna Sagar,, Advocate, Flat No.516, 5^TH Floor, SVRS Neeladri Apartments, Champapet, Hyderabad 500035

Petitioner

AND

• 1. State of Telangana, Rep. by its Chief Secretary, Secretariat, Hyderabad
• State of Telangana, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad.
• 3. The Director General of Police, State of Telangana Lakdikapool, Hyderabad.
• 4. The Commissioner of Police, Bhasheerbagh, Hyderabad
• State of Telangana, Represented by its Principal Secretary, Women and Child Welfare Department, Hyderabad

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the letter dated 02.04.2020 sent by the petitioner herein through email, this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Orders more particularly, one in the nature of a Writ of Mandamus to call for remarks and records from the Respondents herein relating to and in connection with the inaction of the State Government to take appropriate steps in providing security to the Doctors and other supporting staff who are treating the COVID-19 patients since the life of citizens are put in danger as a shocking incident that took place 1.4.2020 wherein the duty Doctors treating the COVID-19 patients at Gandhi Hospital, Hyderabad were attacked by the Family members of a deceased COVID-19 patient and destroyed the hospital property by breaking the windows, who developed COV1D-19 positive after attending the Tablight Jamaat meeting at Nizamuddin, Delhi and that though the duty Doctors and staff are working 24/7 for the last one month, this type of inhuman behaviour towards the Doctors and staff is highly condemnable and stringent action should be taken against the miscreants and that this type of incidents took place in Khammam and Nizamabad Districts also and hence nonbailable cases should be registered against the assaulters under IPC, particularly u/s 11 of Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage to property) Act, 2008. Consequently, to direct the Respondents herein to take stringent action against the miscreants by registering non-bailable cases under IPC and particularly u/s 11 of Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage to property) Act, 2008;

The petition coming on for hearing, upon perusing the letter dated 02.04.2020 filed in support thereof and upon hearing the arguments Sri B.S. Prasad, Advocate General (TG) for the Respondent Nos. 1 to 5, the Court made the following.

WP(PIL). No. 78 of 2020

Between:

• 1. Prof. P.L. Vishweshwar Rao, S/o. Late Ponna Laxmana Rao
• 2. A. Rajendrababu, S.'o. Late Nagappa

Petitioners

AND

• 1. The State of Telangana, Rep. by its Chief Secretary, Telangana Secretariat, B. R. K. R Bhavan, Hyderabad.
• 2. The State of Telangana, Rep. by its Special Chief Secretary, Medical and health Department, B. R. K. Bhavan, Hyderabad.
• 3. The State of Telangana, Rep. by its Principal Secretary to the Medical and Health Department, Telangana Secretariat, B. R. K. R Bhavan, Hyderabad.
• 4. The Commissioner and Director, Medical and Health Department, Koti, Hyderabad, Telangana.

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus in declaring the action of the respondents in issuing an impugned proceedings Lr. No. 82/Peshi/DME/2020, Dated 20.04.2020, not to collect samples from the dead bodies for further Covid-19 testing in the State of Telangana and not notified the Covid-19 100 Bedded hospitals erstwhile District Head Quarters Or 50 Bedded Hospitals in the Present District Head Quarters other than the Area of Greater Hyderabad Municipal Corporation in protection of the right to life of Urban, Sub-urban and Rural public at large by providing trained staff, medical equipment and medicines as illegal, arbitrary, discriminatory, unreasonable, unfair, unjust, unlawful, unconstitutional, whimsical, perverse, mockery, in human, bad in law, ulterior motive and against to an Article 14, 19, 21 of Constitution of India and against to the Provisions of the Epidemic Diseases Act, 1897 and against to the Disaster Management Act, 2005 and other Acts and against to the Caterina of Judgments of an Apex Court and this Honourable Court.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to notify the Covid-19 100 Bedded Hospitals in the Head Quarters of erstwhile Districts or Covid-19 50 Bedded Hospitals in the present District Head Quarters other than the Area of Greater Hyderabad Municipal Corporation (GHMC) by providing sufficient trained staff and medical

equipment and also medicines in protection of the right to life of the public at large forthwith, pending disposal of WP(PIL) 78 of 2020, on the file of the High Court.

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to take the samples by Para Medical Staff from the Dead bodies for conduct test of Covid-19 in the State of Telangana, pending disposal of WP(PIL) 78 of 2020, on the file of the High Court.

IA NO: 3 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend an impugned proceedings issued by the 4^th respondent in Lr. No.82/Peshi/DME/2020, Dated 20.04.2020, forthwith, pending disposal of WP(PIL) 78 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Prabhakar Chikkudu Advocate for the Petitioners and of Advocate General for the respondents

WP(PIL). No. 82 of 2020

Between:

Dr. K.P. Rajender Kumar, Retd. District Medical and Health Officer, Jogulamba, Gadwal District, Flat No.403, Durga Harmony, H.No.6.3.552/1, Erramanzil Colony, Hyderabad 500 082

AND

Petitioner

• 1. Union of India, rep. by its Secretary Department of Medical and Health, Central Secretariat, New Delhi.
• 2. Indian Council of Medical Research, (ICMR) COVID-2019. New Delhi.
• 3. State of Telangana, Rep. by its Chief Secretary, Secretariat, Hyderabad.
• 4. State of Telangana, Represented by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad.
• 5. The Director of Medical and Health, Government of Telangana, Koti, Hyderabad.
• 6. Director of Public Health and Family Welfare, Government of Telangana, Hyderabad.

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the letter dated 28.04.2020 sent by the petitioner herein through email, the High Court may be pleased to issue an appropriate Writ, Order or Orders more particularly, one in the nature of a Writ of Mandamus to call for records and remarks from the Respondents herein relating to and in connection with issuance of letter bearing No. Spl/COVID/DPHGW/2020 dated 20/04/2020 by the office of the Director of Public Health and Family Welfare, Government of Telangana directing not to take samples and conduct COVID-19 tests on the dead bodies and if that is so cause of the death will not be revealed and there is every likelihood of spreading the virus upon (1) Health Service Providers, .i.e. front line workers i.e., Doctors, Nurses, ANMs, Asha Workers, (2) Family Members and Close Contacts and (3) Funeral Service Providers and also people who came into contact with the deceased, damage the purpose of precautionary measures taken by the Government to safeguard the lives of the public at large, (Recently in Kurnool, samples of deceased Dr. Ismail Hussain, who was a Doctor, and his six family members were found to be COVID-19 positive) and Consequently to direct the Respondents herein to take samples of the dead bodies of Carona virus patients and conduct COVID-19 tests to prevent spreading the virus upon (1) Health Service Providers, Doctors, Nurses, ANM, Asha Workers, (2) Family Members and Close Contacts and (3) Funeral Service Providers and also people who came into contact with the deceased-patient as a precautionary measure to safeguard the lives of the public at large.

The petition coming on for hearing, upon perusing the Petition and the letter dated 28.04.2020 sent by the petitioner herein through email, and upon hearing the arguments of Dr. K.P. Rajender Kumar as party in person and Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General, for the Respondent No. 1 & 2 and Advocate General for the respondents No. 3 to 6.

WP(PIL). No.9l oF 2020

Varun Sankineni, S/o Sa:kineni \renkateshwar Rao

Pet it io ner

AND

• 1. The Union of India, Rep. by its Under Secretary, Medical and Health Departnent, (COVID -19) Cerrtral Secretariat, Sastry Bhavan, New Dellfz
• 2 The Indian Counoil of Medical Research, (ICM R), Rep. by its Director General, (COVID - l9), Health Research Department, Ansari Nagar, Nerv Delhi I l0 029
• 3 The State of Telangana, Rep. by its Chief Secretary, (GAD) Dept., Secretariat, Saifabad, Hyderabad.
• 4 The State ofTelangana, Rep., by its Special Chief Secretary, Medical and Health Department, (COVID -19), Secretariat, Saifabad, Hyderabad
• 5 The State of Telangana, Rep., by its Prl, Secretary, Medical and Health Department, (COVID -19), Secretariat, Hyderabad. /'
• 6 The Commissioner and Directorate of Medical and Health Department, (COVID-19) Koti, Hyderabad.
• 7 The District Medical and Health Office, Rep., by District Medical and Health Officer (FAC), Suryapet Collectorate, Suryapet, Suryapet dist., erstwhile Nalgonda District
• 8 The Superintendent of (COVID -19), Gandhi Hospital, Secunderabad,

Respondents

Petition under llticle 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularll' one in the nature of Writ of Mandamus. a)declaring that the actron of the Respondents in failing to conduct/provide foi adequate testing of COVID- l9 for the citizens of the State of TelangarLa and more particularly the residents of Suryapet district of erstwhile Nalgonda district as a constitutional failure of the State duty, violating the citizens fundanrental rights including the rights guaranteed under Article 14 and,2l of the Constitution of India and resultantly direct the Re:;pondents. b)To review the testing criteria to include collecting sarnples and conducting tests of all asymptomatic persons, in the areas affected with the outbreak in the State of Telangana and more particularly the district of Suryapet c) To incorporate Rapid Antibodies Blood Test method in order to exponentially increase the population tested and efficiently identifl the areas alfects and people carrying the virus who nr_ay or may not shorv any symptoms. d)ConsequerLtly speed up the process testing through ddor to door step sample collection in order to en:;ure widespread accessibility ofthe testing facilities, (This will not or.rly increase the number ol people tested per million but also ensure the safe collection of sarnples and proper maintenance ofthe chain of custody). e)To start Door to Door sample collections and testings of any person showing any signs/symptoms of COVID-19 in Suryapet District, so that testing and quarantine can be done at home instead of travelling to hospitals, thelefore minirnizing the pressure on the already overburdened hospitals. {)To prepare and make available online data (through a dedicated web-portal), of the areas covered by door to door testing and sample collection and total no. of tests conducted, segregated into two categories i.e., symptomatic and asymptomatic, containing necessary details such as areas covered, total no. persons tested, whether the persons found positive was symptomatic or asymptomatic or with any travel history, etc. g)To direct the Respondents herein to release the test results of the samples collected withirL a reasonable time-frame and make available the said results on any dedicated web-portal or in the media and award costs to the petitioner herein

IA NO: I OF 202t)

Petition under Section 151 CPC praying that in the circumstaDce$stated in the affidavit filed in support ofthe writ petition, the High Court may be pleased to appoint a court monitored expert committee for identifying the extent of testing and for suggesting the localities /zones/municipal/ grarn panchayath areas in the State of Telangana and more particularly in the Suryapet district erstwhile Nalgonda district in which steps for rapid testing ought 10 be undertaken by the Respondents forthwith, pending disposal of WP(P[) 9l ofp20, on rhe file of the High Coun.

The petitiou comrng on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of MS Gorantla Sri Ranga Pujitha Advocate lor the Petitioner and Sri Narnavarapu Rajeshwar Rao, Assistant Solicitor Ceneral for the respondent No. I & 2 and Sri B.S. Prasad. Advocate General for the respondent No. 3 to 8.

WP(PIL) NO.92 OF 2020

Between:

Naresh Reddy Chinnolla, S/o. Damodar Reddy

AND

Petitioner

• 1. Union of India, Ministry of Health and Family Welfare, Rep. by its Secretary, Nirman Bhavan, New Delhi-110011.
• 2. The State of Telangana, Rep by its Chief Secretary Secretariat, Hyderabad
• 3. The State of Telangana, Rep by its Principal Secretary of Medical and Health Department, Secretariat, Hyderabad.
• 4. The State of Telangana, Rep by its Principal Secretary of Home Department, Secretariat, Hyderabad.
• 5. The District Collector, Nirmal District
• The Superintendent of Police, Nirmal District The District Health Officer, Nirmal District

Respondents

Petition filed under Article 226 of Constitution of India praying that in the circumstances stated in the petition and affidavit filed herein the High Court may be pleased to issue Writ Order, Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not conducting Covid tests on primary contacts as well as secondary contacts positive patients especially in the Red Zone areas in the state of Telangana and not strictly implementing the regulations that are prescribed in G.O.Ms.No. 45 dated 22-03-2020 as illegal, arbitrary and unconstitutional and consequently direct the Respondents to

• Increase the Covid-19 testing capacity by testing primary as well as secondary i) contacts within all zones and particularly conduct tests for all person(s) within a prescribed radius in the Red Zones as identified by the Government,
• Conduct random testing especially in Red Zones and Orange Zones to tackle the ii) asymptomatic cases,
• Strictly implement measures as prescribed under G.O.Ms.No.45 dated iii) 22.03.2020 by increasing patrolling and surveillance within districts to completely Curb any movement among inter-districts and if required seek assistance from the Government of India for further deployment of forces,
• Formulate and Implement an effective policy dealing with current situation of iv) migrant workers

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to forthwith direct the Respondents to conduct covid-19 test primary as well as secondary contacts within all zones and particularly to conduct tests for all person(s) within a prescribed radius in the Red Zones as identified by the Government and strictly implement measures as prescribed under G.O.Ms.No. 45 dated 22.03.2020 such as adequate police forces and central forces and forthwith direct the respondents to take adequate measures that the migrant workers reach their destination/Home towns, pending disposal of WP(PIL) 92 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Naresh Reddy Chinnolla as (Party In Person) and Sri B.S. Prasad, Advocate General for the respondents, the Court made the following.

WP(PIL). No. 96 OF 2020

Between:

• 1. Surya Balu Mahendra, S/o Late S. Sudheer Kumar, Aged . 32 years, Occ: Advocate R/o. MIG 418, G2, R. K. Residency, KPHB Colony, Kukatpally, Hyderabad - 500072. Aadhar Number . 402674220948 Pan Number . BOWPS3690K, Mobile Number . 8790747440 Bank Account No. 35655287909 Mail ID. mahendra.suryagmmail.com
• 2. Bala Krishna Mandapati, S/o M. Sambaiah, Aged. 36 years, Occ: Academician R/o Fat No. 502, Ashok Residency, Street Number 6, East Maredpally, Nehru Nagar, Hyderabad-500026, Aadhar number - 281777817877, Pan Number - APLPM9326D Mobile Number -9502265851 Bank Account No. 074750700000809 Mail id. baluktb7Pgmall.com

... Petitioners

7

AND

• The State of Telangana, Rep., by its Chief Secretary, Government of Telangana, Secretariat, Hyderabad.
• The Special Chief Secretary, to Government, Health, Medical and Family Welfare Department, Government of Telangana, Secretariat, Hyderabad.
• The Director of Public Health and Family Welfare, Government of Telangana, Koti, Hyderabad.
• The Commissioner of Health and Family Welfare, Government of Telangana, Koti, Hyderabad.
• 5. The Director of Medical Education, Government of Telangana, Hyderabad.
• 6. The Telangana Vaidya Vidhana Parishad, Rep. by its Commissioner, Koti, Hyderabad
• The Union of India, Rep. by its Secretary, Ministry of Health and Family Welfare, New Delhi.
• Indian Council of Medical Research (ICMR), Rep., by Its Director General V. Ramalingaswami Bhawan, P.O. Box No. 4911 Ansari Nagar, New Delhi - 110029

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction preferably Writ of Mandamus declaring the action of the Respondents No.1 to 6 in not undertaking COVID-19 Testing of Asymptomatic Primary Contacts, Symptomatic Secondary Contacts and other patients with ILI (Influenza like Illness) symptoms in the State of Telangana as per the Guidelines of ICMR Dt.09/04/2020 as arbitrary, opposed to Public Health and in violation of Article 21 of the Constitution of India and consequently direct the Respondents to undertake wide spread COVID-19 Testing in the State of Telangana and also further appropriate measures to curtail the spread of Corona Virus.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.1 to 6 to forthwith undertake wide spread COVID-19 Testing in the Hotspot Areas in the State of Telangana as per the Guidelines of ICMR Dated 09/04/2020, pending disposal of the Writ Petition (PIL) in the interest of Justice., Pending disposal of WP(PIL) 96 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Kowturu Pavan Kumar Advocate for Petitioners, and GP for Medical & Health (TG) for Respondents 2 to 5 and Mr.Navamavarapu Rajeshwar Rao, Assistant Solicitor General for Respondents 7&8, the Court made the following.

WP(PIL) 111 OF 2020

Between:

Amrita Aryendra, D/o Aryendra Kumar,

AND

• 1. State of Telangana, Represented by its Chief Secretary, Secretariat, Hyderabad.
• 2. State of Telangana, Represented by its Special Chief Secretary, Department of Health, Medical and Family Welfare, Secretariat, Hyderabad
• 3. State of Telangana, Represented by its Principal Secretary, Medical and Health Department, Secretariat, Hyderabad.
• 4. The Commissioner and Director, Medical and Health Department, Koti, Hyderabad.
• 5. The Indian Council of Medical Research (ICMR),, Rep., by its Director General, Health Research Department, Ansari Nagar, New Delhi 110 029.

... Respondents

... Petitioners

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, (i.) Declaring that the action of the State of Telangana in not taking appropriate measures to make all pandemic related data such as the particulars of the total number of tests conducted in the State of Telangana on each particular day, along with a tally of number of positive cases and deaths due to COVID-19 and the area-wise, gender-wise and age-wise segregation of the data, available to the public at large in a comprehensible manner as breach of its Constitutional duties and violative of fundamental rights of the citizens. (ii.) Directing the State of Telangana to have a dedicated web portal

updated on a daily basis containing particulars of a.) Total number of samples tested, reports awaited, number of positive cases, number of active cases, number of cured, number of deaths b.) Number of individuals in Home and Institutional Quarantine c.) Number of symptomatic persons and asymptomatic persons d.) Chronology of Positive cases along with district and present statue e.) District wise distribution of cases f.) Details of passengers (including migrants, persons travelling through railways and airways) g.) Number and areas where Hotspots are situated h.) Age and Gender distribution to date i.) Co-Morbidity status among deaths j) Containment zones in each locality/district/city/area/mandal k.) List of centers/hospitals (government and private) accessible to the public at large to avail voluntary testing and such other information as this Honble Court deems necessary and appropriate (iii.) And award costs to the petitioner herein;

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Authorities and in particular Respondent No. 2 to update on a day to day basis all pandemic related data such as a.) Total number of samples tested, reports awaited, number of positive cases, number of active cases, number of cured, number of deaths; b.) Number of individuals in Home and Institutional Quarantine; c.) Number of symptomatic persons and asymptomatic persons; d.) Chronology of Positive cases along with district and present status; e.) District wise distribution of cases; f.) Details of passengers (including migrants, persons travelling through railways and airways); g.) Number and areas where Hotspots are situated; h.) Age and Gender distribution to date; i.) Co-Morbidity status among deaths; j.) Containment zones in each locality/district/city/area/mandal; k.) List of centers/hospitals (government & private) accessible to the public at large to avail voluntary testing and such other information as this Honble Court deems necessary and appropriate, available to the public at large in a comprehensible manner, Pending disposal of WP(PIL) 111 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Qazi Salar Massod Aatif Advocate for the Petitioner, and Sri B.S. Prasad, Advocate General for the Respondents

WP(PIL) NO: 140 OF 2020

Between:

Shiva Ganesh Karnati, S/o K. Chakrapani

Petitioner

AND

• 1. The State of Telangana, Rep., by its Chief Secretary, Government of Telangana, Secretariat, Hyderabad.
• 2. The Special Chief Secretary to Government, Health, Medical and Family Welfare Department, Government of Telangana, Secretariat, Hyderabad.
• 3. The Director, of Public Health and Family Welfare, Government of Telangana, Koti, Hyderabad.
• 4. Greater Hyderabad Municipal Corporation, Rep., by its Commissioner, Tank Bund Road, Lower Tank Build, Hyderabad - 500063

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction preferably Writ of Mandamus declaring the inaction of the Respondents to take appropriate measures in having a "Live-Dashboard" installed regarding availability of hospital beds ventilators in COVID 19 designated hospitals, which facilitate health care during COVID- 19 as unconstitutional being in violation of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to immediately take appropriate steps for installation of "Live Dashboard" in the State of Telangana which keeps track of the available hospital beds/ventilators in COVID 19 designated hospitals on a real time basis;

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Kowturu Pavan Kumar Advocate for the Petitioner and Sri B.S. Prasad, Advocate General for the respondents

WP(PIL). NO: 142 OF 2020

Between:

D.G.Narasimha Rao, S/o Suryanarayana Rao

AND

8

• The Union of India, Rep. by its Secretary Ministry of Health and Family Welfare Government of India, Near Udyog Bhawan Metro Station, Maulana Azad Rd, New Delhi - 110001
• The Union of India, Rep. by its Secretary Ministry of Home Affairs Government of India North Block, New Delhi - 110001
• The State of Telangana, Rep. by its Chief Secretary, B.R.K. Bhavan, Secretariat Buildings, Saifabad, Hyderabad -500022
• The State of Telangana, Rep. by its Special Chief Secretary, Health, Medical and Family Welfare Department, 6^th Floor, D-Block, B.R.K.R. Bhavan, Secretariat Buildings, Saifabad, Hyderabad -500022
• Directorate of Public Health and Family Welfare, Rep. by its Commissioner, Government of Telangana, Sultan Bazar, Koti, Hyderabad - 500095
• Directorate of Medical Education, Rep. by its Director, Government of Telangana, Sultan Bazar, Koti, Hyderabad - 500095
• National Pharmaceutical Pricing Authority, Rep. by its Member Secretary Department of Pharmaceuticals Ministry of Chemicals and Fertilisers Government of India 3^rd /5^th Floor, YMCA Cultural Center Building 1, Jai Singh Road, New Delhi, India - 110001
• Insurance Regulatory and Development Authority of India, Rep. by its Chief General Manager Head Office. Sy No. 115/1, Financial District, Nanakramguda, Gachibowli, Hyderabad – 500032
• Care Hospitals, Rep. by Chairman & Managing Director, Quality Care India Pvt. Ltd., Road No. 2, Banjara Hills, Hyderabad
• Yashoda Hospitals, Rep. by its Managing Director, Alexander Road, Secunderabad-500003
• Krishna Institute of Medical Sciences Ltd., (KIMS), Managing Director, Minister Road, Secunderabad-500003
• 12. Thumbay Hospital India Private Limited, Rep. by its Managing Director, 16-6-104 to 109, Old Kamal Theater Complex, Chaderghat, Hyderabad
• Sunshine Hospitals, Rep. by its Managing Director, 45, 7-56/19, Survey No. 4046, Dargah Road LIG Chitrapuri Colony, Prashant Hills, Gachaibowli, Hyderabad-500035
• Medicover Hospitals, (A Unit of Sahrudaya Health Care Private Ltd.) Rep. by its C.E.O. Behind Cyber Towers, IBIS Hotels Lane, Hitech City, Hyderabad, Telangana-500081 (Respondent No. 9 to 14 are impleaded as per Court order dated 14.07.2020 made in IA. No. 4 of 2020)

Respondents

Petitioner

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not taking effective steps for preventing rampant profiteering by private, corporate and teaching hospitals in treatment of Covid-19 patients in Hyderabad city and other parts of the state, and their failure in ensuring that the insurance companies provide cashless treatment for Covid-19 patients, despite they having contract for the same, as illegal, arbitrary, unjust and violative of the fundamental rights of citizens guaranteed under Article 14 and 21 of the Constitution of India and therefore seeking consequential direction to the respondents to act decisively to protect the interests of common man in facing Covid-19 pandemic;

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri N S Arjun Kumar Advocate for the Petitioner and Sri N. Rajeshwara Rao, Assistant Solicitor General for the respondent No. 1 & 2 and Sri B.S. Prasad, Advocate General for the respondent No. 3 to 6

W.P.(PIL) NO: 146 OF 2020

Between:

Srikishan Sharma, S/o. Madhav Prasad Sharma, Aged about 75 years, Occ: Advocate 8- 2 317/AC 2, Amrita Enclave, Road No.14, Banjara Hills, Hyderabad. PAN No - AQAPSO5940, AADHAR.NO-7529-2188-5552, MOBILE NO-9849350162 Email Address: srikishansharma 2014 gmail.com

AND

• 1. The State of Telangana, rep. by its Principal Secretary, Medical and Health Department, Secretariat, Saifabad, Hyderabad.
• Commissioner Medical and Health Department 3^rd Floor, DME Building, DM & HS Campus, Opp: Koti Women's College Road, Kutbiguda, Sultan Bazar, Koti, Hyderabad -500095.
• National Council for Clinical Establishment, Rep. by its Secretary, Dr. Anil Kumar, Additional DDG Ministry of Health and Family Welfare Department of Health and Family Welfare Room No. 560-A, Nirman Bhawan New Delhi - 110108, India.
• State Council of Clinical Establishment, Rep. by its Chief Medical Officer, Medical and Health Department, Hyderabad. 3rd Floor, DME Building, DM and HS Campus, Opp. Koti Womens College Road, Kutbiguda, Sultan Bazar, Koti, Hyderabad - 500095.
• 5. M/s. Medicover Hospitals, Hitec City Behind Cyber Towers, in the lane of IBIS Hotels, HUDA Techno Enclave, HITEC City, Hyderabad 500081.
• M/s. Yashoda Super Specialty Hospital, (A Unit of Yashoda Hospitals) 6 3 906/B1& B2, Rajbhavan Road, Somajiguda, Hyderabad.- 500082.
• Sunshine Hospitals, (Unit of SarvejanaHealth Care Pvt.Ltd ) Secunderabad, 1-7-186-189,201 to 205, P.G.Road, Beside Paradise Hotel, Hyderabad.
• 8. M/s.Care Hospital, Road No.1, Banjara Hills, Hyderabad 500034.

....Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus by I)Declaring the action of the 1^st Respondent in not giving effect to the provisions of The Disaster Management Act 2005, The Clinical Establishments (Registration and Regulation) Act, 2010 and Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 as wholly, illegal, arbitrary and unconstitutional and voilative of Article 14 and 21 of Constitution of India. II) Consequently direct the respondents 1 to 4 to issue Statutory guidelines for maintaining transparency in the matter of treatment and billing against all the patients and to take action against the Private Corporate Hospital for violating the provisions of the various act mentioned herein above.;

The petition coming on for hearing upon perusing the petition and affidavit filed therein and upon hearing the arguments of Sri Pratap Narayan Sanghi Advocate for the Petitioner, and Sri B.S. Prasad, the learned Advocate for the respondents 1 and 2 and Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General for the respondent No.3.

W.P(PIL).154 OF 2020

Between:

J.Venudhar Reddy, S/o Sri J. Gopal Reddy

Petitioner

1. Union of India, Ministry of Health and Family Welfare Rep. by Director General, New Delhi

AND

• 2. Indian Council of Medical Research, Rep. by its Secretary Director General, V.
• Ramalinga Samy Bhavan, P.O.Box.No.4911 Anderinagar, New Delhi.
• 3. Insurance Regularity and Development Authority of India, Rep. by its Chairman, Sy.No.115/ I, Financial District, Nanakramguda, Gachibowli, Hyderabad.
• 4. Drug Control General of India, Rep. by its Controller General of India, FDA Bhavan, Kotla Road, New Delhi.
• 5. The Sate of Telangena, Rep. by its Special Chief Secretary, Health, Medical and Family Welfare Department, Secretariat Buildings, Hyderabad.
• The District Medical and Health Officer, Organization, 4^th Floor, NTPC Building, Secunderabad.

Respondents

1_

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus

a) to direct the respondents No.5 and 6 to fix a cap on treatment cost of Covid-19 patient in private corporate hospitals by fixing an upper limit cost for covid-19 treatment including consumables like PPE kits medicines etc. by strictly amending G.O.Rt.No.248 dt 15.06.2020.

b) to direct the respondents No.5 and 6 to fix a maximum rate chargeable, by the private corporate hospitals for various services provided by them including Personnel Protection Equipment (PPE) Kits, administration of medicine and tests

c) to declare the action of respondents No.5 and 6 in not directing the private hospitals to allot 30 percentage of their bed capacity to Covid -19 patients of Economically Weaker Sections (EWS), consequently direct the respondents 5 and 6 to provide 30 percentage of bed capacity in private hospitals to Covid -19 patients of Economically Weaker Sections (EWS) under Arogyasree scheme.

d) to direct the respondents 1 to 6 not to permit spurious drugs to be released for treating Covid-19 patients

e) to direct the respondents No.3 to modify the insurance cover for complete treatment cost of Covid-19 patients without cup covering total cost of Covid-19 treatment, including accessories, medicines.

f) to direct the respondents No.1 to 6 to include police personnel and journalists who are frontline workers under Pradhana Manthrigharib Kalian Package;

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents No.5 and 6 to fix a cap on treatment cost of Covid-19 patient in private corporate hospitals by fixing an upper limit cost for covid-19 treatment including consumables like PPE kits medicines etc., by strictly amending G.O.Rt.No.248 dt:15.06.2020, pending disposal of WP(PIL) No. 154 of 2020, on the file of the High Court.

The petition coming on for hearing upon perusing the petition and affidavit filed therein and upon hearing the arguments of Sri Mallipeddi Srinivas, Advocate for the Petitioner, and Sri B.S. Prasad, the learned Advocate for the respondents.

WP(PIL). No. 156 of 2020

Between:

Dr. R. Srivatsan, S/o Raghavan Aged about 66years, Occ. Independent Writer and Researcher R/o Flat 101, Block C Saincher Palace Apartments 10-3-152 Street No 2 East Marredpally, Secunderabad Phone Number. 7702711656 Email Address. r.srivats @ gmail.com Aadhar No. 795609025153

Petitioner

AND

• 1. State of Telangana, rep by its Chief Secretary Secretariat Buildings, Hyderabad

• State of Telangana, rep by its Special Chief Secretary Department of Health, Medical and Family Welfare Secretariat Saifabad Hyderabad

• The Commissioner and Directorate of Medical and Health Department, (Covid -19) Koti Hyderabad

• 4. Commissioner, Telangana Vaidhya Vidhana Parishad Hyderabad
• 5. Commissioner, Public Health and Family Welfare Hyderabad
• 6. District Collector, Hyderabad District Hyderabad
• 7. Commissioner, GHMC Hyderabad
• 8. The Superintendent, Gandhi Hospital, Secunderabad
• 9. Medical Superintendent Osmania General Hospital Hyderabad
• 10. Medical Superintendent District Hospital King Kothi, Hyderabad
• 11. Medical Superintendent, Government General and Chest Hospital Erragadda, Hyderabad
• 12. Medical Superintendent ESIC Medical College Hospital, Sanatnagar Hyderabad

• Chief Medical Superintendent Central Railway Hospital, Lalaguda, Mettuguda Secunderabad

• 14. Deccan College of Medical Sciences, Rep by its Chairman PO Kanchanbagh, DMRL X Roads Santoshnagar Hyderabad
• 15. Shaadan Institute of Medical Sciences Teaching Hospital and Research Centre, Rep by its Chairman Himayatsagar Road, Hyderabad
• 16. Aayan Institute of Medical Sciences, Teaching Hospital and Research Centre Rep by its Chairman Kanaka Mamidi, Moinabad Mandal Rangareddy District
• 17. Medical Superintendent, Kamineni Institute of Medical Sciences Sreepuram Narketpally Nalgonda District

• Bhaskar Medical College and Bhaskar General Hospital, Rep by its Chairman Bhaskar Nagar, Moinabad Mandal Rangareddy District, Hyderabad

• Apollo Institute of Medical Sciences and Research, Rep by its Chairman, Junilee Hills, Hyderabad

• 20. Superintendent Military Hospital Golconda, Hyderabad
• 21. Superintendent Military Hospital Trimulghery, Secunderabad
• 22. President, Telangana Super Specialty Hospitals Association C/o KIMS Super Specialty Hospital Secunderabad
• 23. The Union of India, Rep by its Secretary, Ministry of Health And Family Welfare, New Delhi

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus declaring that the inaction of the Respondents 1 to 5 in not commissioning and making available for treatment the Teaching Hospitals attached to Government Hospitals and the Hospitals attached to Private Medical Colleges as a dereliction of responsibility in the face of the escalating Covid 19 health crisis and consequentially direct the Respondents No 1 to 5 to immediately commission for treatment on a priority basis a portion of the infrastructure and manpower in all the teaching hospitals attached to Government Hospitals attached to Respondent Institutes Nos 14 to 19 as well as the Central Government Hospitals and Military Hospitals arraigned as Respondents No 12, 13 20 and 21 and to give wide publicity of the same in all the local news papers;

The petition coming on for hearing upon perusing the petition and affidavit filed therein and upon hearing the arguments of Smt Vasudha Nagaraj Advocate for the Petitioner and Sri B.S. Prasad, Advocate General for the respondent No. 1 to 12 and Ms. Pushpinder Kour, Advocate for the respondent No. 13

W.P.(PIL).No.160 of 2020

Between:

Sai Mani Varun Chevuri, S/o Late Ch.Sudhakar Reddy H.No.1-1-79, Mohan Nagar Colony Kothapet, Hyderabad, Ranga Reddy District, Telangana State Aadhar number - 797335541239 Pan Number - BFRPC7403N Mobile number - 9912994140 Bank Account No.. 3112686049, Kotak Mahindra Bank, Saroornagar Hyderabad. Mail id. [email protected]

Petitioner

AND

• 1. The State of Telangana, Rep., by its Chief Secretary, Revenue (Disaster Management-II) Department Secretariat, Hyderabad.
• 2. The Special Chief Secretary to Government, Health, Medical and Family Welfare Department, Secretariat, Hyderabad.
• Commissioner, Health and Family Welfare Department, 3rd Floor, DME Building, DM and HS Campus, Opp: Koti Womens College Road, Kutbiguda, Sultan Bazar, Koti, Hyderabad - 500095
• The Telangana State Medical Services and Infrastructure Development Corporation, (A Govt of Telangana Enterprise) Rep by its Chairman Sri Pareiyada krishnamurthy 2nd Floor DME Building, DM and HS Campus, Opp: Koti Womens College Road, Kutbiguda, Sultan Bazar, Koti, Hyderabad - 500095.
• 5. The Union of India, Rep. by its Secretary, Ministry of Health and Family Welfare, New Delhi.
• Indian Council of Medical Research, Rep by its Secretary DHR andfDirector General V. Ramalingaswami Bhawan, P.O. Box No. 4911 Ansari Nagar, New Delhi - 110029, India ....Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus Declaring the inaction of the Respondents No. 1 to 4 in I. Ensuring that the COVID-19 Designated Hospitals comply with the norms prescribed by the Respondent No.6 (ICMR) before discharging Covid-19 patients prior to completion of the prescribed quarantine period, II. Regulating the Admission and Treatment of

COVID-19 Patients in Private Corporate Hospitals, III. Inspecting and Auditing the COVID-19 Treatment Charges being collected by Private Corporate Hospitals, IV. Arranging for safe and proper cremation of COVID-19 Dead Bodies as wholly illegal, arbitrary unconstitutional and violative of Article 21 of the Constitution of India and consequently direct the 1st and 2nd Respondent to immediately put in place a mechanism to supervise, regulate and ensure transparency in the activities of COVID-19 Designated Hospitals.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 2 to ensure only people eligible for Home Quarantine as per ICMR guidelines are sent to such Home Quarantine Facility and to discharge Covid-19 patients only after completion of the quarantine as specified in the discharge guidelines and issue of fitness certificate by the health officials pending disposal of the above WP(PIL).160 of 2020, on the file of the High Court.

IA NO: 3 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1^st respondent to provide statutory guidelines for a repayable financial assistance package by way of interest free loan to the needy middle class people under the provisions of sec.13 and 61 of the Disaster Management Act 2005 by fixing a cap on the cost of treatment by private hospitals that are being charges under various heads such as pharmacy, Room rent, Testing, etc., pending disposal of the above WP(PIL).160 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. P. Nagesh Advocate for the Petitioner and Sri B.S. Prasad Advocate General, for the Respondents.

WP(PIL). No. 163 of 2020

Between:

Dr. Alwal Swamy, S/o Mallaiah Alwal, Occ: Doctor R/o H.No. 2-3-3/4, Shanti Nagar, Golnaka Amberpet, Hyderabad, Telangana - 500013 Aadhar Card No. 7930 2107 8336 Mobile No. 9550342940 Account No. 24200100007411, Bank of Baroda Tiiak Nagar Branch PAN Card No. ADEPA1638D E-mail.-

AND

....Petitioner

• The State of Telangana, Rep. by its Chief Secretary, B.R.K. Bhavan, Secretariat Buildings, Saifabad, Hyderabad -500022
• The State of Telangana, Rep. by its Special Chief Secretary, Health, Medical and Family Welfare Department, 6^th Floor, D-Block, B.R.K.R. Bhavan, Secretariat Buildings, Saifabad, Hyderabad -500022
• 3. Directorate of Public Health and Family Welfare, Rep. by its Commissioner, Government of Telangana, Sultan Bazar, Koti, Hyderabad 500095
• Directorate of Medical Education, Rep. by its Director, Government of Telangana Sultan Bazar, Koti, Hyderabad - 500095
• The Union of India, Rep. by its Secretary Ministry of Health and Family Welfare Government of India Near Udyog Bhawan Metro Station, Maulana Azad Rd, New Delhi - 110001

....Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the Respondents in taking measures to prevent spreading of Covid-19 duly conducting tests, tracing, isolation, and treatment of Covid-19 patients as illegal, unjust and violative of fundamental rights guaranteed under Article 14 and 21 of the Constitution of India and consequently direct the Respondents to take the following measures.

• Completely take over the corporate hospitals and private teaching hospitals in the state, for the purpose of treatment of Covid-19 patients till this crisis situation is overcome.

• (ii) Take urgent steps to fill up all vacant posts of doctors and para medical staff in Government hospitals and mobilize them in a big manner for providing effective treatment of Covid-19 patients.

• (iii) Take effective steps to prevent hoarding and black marketeering of essential drugs, oxygen supplies and ventilators being used for treatment of Covid-19 patients in the state.

• (iv) The Government may procure and distribute these essential drugs, oxygen supplies and ventilators to both the Government and Private hospitals at the cost of the product.

• Take steps to prevent the social stigma of Covid-19 patients (vi) Increase the coordination between GHMC/Municipalities, Revenue authorities and Police for effective containment of Covid-19.;

The petition coming on for hearing upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri. K. Pardhasaradhi Advocate for the Petitioner and Sri B.S. Prasad, Advocate General for the respondent No. 1 to 4 and Sri N. Rajeshwara Rao, Assistant Solicitor General for the respondent No. 5.

WP(PIL). No. 168 of 2020

Between:

Omim Maneckshaw Debara, S/o Late. Maneckshaw Hormusji Debara, Occ. Retd. R/o. H.No. 4-1-913, Abids, Tilak Road, Hyderabad -001 Telangana State. Aadhar Card No. 5749 8578 8168 Mobile No. 98480 97188 and 81423 45671 e-mail. [email protected] PAN card. ACNPD No.2161N Account No. 00811000123542 (Prime)HDFC Bank, Himayatnagar Branch, Hyderabad

AND

• The Government of Telangana, Department of Revenue BRK. Bhavan, Tank Bund, Hyderabad Rep by its Secretary
• 2. The Government of Telangana, Department of Health, Medical and Family Welfare BRK Bhavan, Tank Bund, Hyderabad Rep by its Secretary
• 3. The District Collector, Hderabad District Nampally, Hyderabad.
• 4. The Director of Health, Hyderabad.
• Apollo Hospitals, Road No.72, Jubulee Hills Hyderabad-500 033 Represented by its Chairman
• Basavatarakam Indo American Cancer Hospital and Research Institute, Road No.10, Banjara Hills, Hyderabad Represented by its Chairman

Respondents

Petitioner

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the

1. Respondent No. 1 to 4 to enquire into the number of beds required to be reserved for poor patients for free of cost from the date of their establishment to till date by Respondent No. 5 and 6 as per G.O.Ms.No.517 Rev(q) Department dated 26/03/1981 and G.O.Ms.No.484 Rev(Assgn.III) Department dated 26/05/1989 respectively and to take steps to reserve appropriate percentage of beds for poor patient for free of cost to fulfil the back log in the Respondent No. 5 and 6 hospitals.

2. Respondent No. 1 to 4 for reservation of 15% and 25% beds for free to poor people in the Respondent No. 5 and 6 hospitals after the back log is completed and to ensure 40% free consultation to out-patients in the Respondent No. 5 hospital.

3. Respondent No. 1 to 4 to establish procedures for referring poor patients for treatment in Respondent No. 5 and 6 hospitals for the beds reserved for them and also for giving outpatient consultation to 40% patients for free in $6^{th}$ Respondent hospital

4. Respondent No. 1 to 4 to ensure free treatment to COVID 19 patients in the Respondent No. 5 and 6 hospitals to the extent of beds reserved in their hospitals including outpatient consultation.

5. Respondent No. 5 and 6 to comply with the G.O.Ms.No.517 Rev(q) Department dated 26/03/1981 and G.O.Ms.No.484 Rev(Assgn.III) Department dated 26/05/1989 conditions regarding reservation of beds for poor people and free outpatient consultation respectively.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No. 5 and 6 to reserve 50% of the beds for poor COVID 19 patients for giving free treatment and to direct the Respondent No.4 to ensure the same and to refer the poor patients to the Respondent

No. 5 and 6 hospitals by evolving transparent procedure, pending disposal of WP(PIL) 168 of 2020, on the file of the High Court.

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No. 5 and 6 to reserve 50% of the beds for poor COVID 19 patients for giving free treatment and to direct the Respondent No.4 to ensure the same and to refer the poor patients to the Respondent No. 5 and 6 hospitals by evolving transparent procedure, pending disposal of WP(PIL) 168 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Gandra Mohan Rao Advocate for the Petitioners, and Sri B.S. Prasad, Advocate General for the respondent No 1 to 4.

WP(PIL). No. 182 of 2020

Between:

Sama Ram Mohan Reddy, S/o Sama Krishna Reddy, Plot No. 152, Vanasthali Hills, Near Heralds High School, Vanasthalipuram, Hyderabad, Ranga Reddy, Telangana - 500070. Phone No. 97018 79999 Mail id rammohansama2000Ramail.com Aadhar Card No. 6588 1953 2044 PAN Card No. AUEPR9912L Acc. No. 30096493829 State Bank of India, Vanasthalipuram Branch Ifsc- SBIN0004347

AND

• 1. The State of Telangana, Rep by its Chief Secretary, Secretariat, Hyderabad
• 2. The Principal Secretary, Health, Medical and Family Welfare Department, Government of Telangana, Secretariat, Hyderabad.
• The Director of Public Health and Family Welfare, Government of Telangana, Kati, Hyderabad.
• The Commissioner of Health and Family Welfare, Government of Telangana, Koti, Hyderabad.
• 5. The Director of Medical Education, Government of Telangana, Hyderabad.
• 6. The Telangana Vaidya Vidhana Parishad, Rep by its Commissioner, Koti, Hyderabad

Respondents

Petitioner

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction preferably Writ of Mandamus declaring the inaction of the Respondents in taking appropriate steps for augmenting the Infrastructure at the Government Hospitals and increasing the Primary Healthcare Centres (PHCs) in the State of Telangana through enhanced budgetary allocations and prompt recruitment of Health Care Professionals and Workers as unconstitutional for being in violation of the Community Right to Health guaranteed by Article 21 of the Constitution of India and consequently direct the Respondents to create a Robust Public Health Care Infrastructure in the State and equip the Government Hospitals with the State-of-the-Art equipment and facilities

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to expeditiously improve the infrastructure and sanitation at the Government hospitals, pending disposal of WP(PIL) 182 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Kowturu Pavan Kumar Advocate for the Petitioner and Sri B.S. Prasad, Advocate General for the respondents. The Court made the following.

Common Order:

ľ

In compliance of the Order, dated 13.08.2020, Mr. B. S. prasad, the learned Advocate General, has submitted a Report, dated O3.09.2020, before this Court. The sarne shall be taken on record.

Before dealing with the Report mentioned hereinabove, it is essential to record the contentions raised by various learned counsel before this Court.

Ms. Gorantla Sri Ranga Pujitha, the learned counsel for the petitioner in W.P. (PIL) No.91 of 2020, submits thar according ro the Media Bulletin issued by the Government, over a period of four weeks, the number of COVID-l9 patients is consistently increasing. While the number of COVID-19 patients may have declined in the Greater Hyderabad Municipal Corporation (GHMC) area, COVID-19 has penetrated into the villages of the State. Therefore, many of the Distficts of the State are in the grip of COVID-19 pandemic. Taking an example of Suryapet District, she submits that according to the Media Bulletin, dated 03.09.2020, there are 116 positive cases in the said District. Moreover, according to the Media Bulletin, Suryapet has a single Hospital, namely GGH, Suryapet, designated as a COVID-19 Hospital. There are forff (a0) oxygen beds in the said Hospital. However, due to the increase in the COVID-19 patients, all the forty (40) oxygen beds are occupied. Therefore, presently, not a single oxygen bed is available in the said Hospital. Moreover, there are no regular beds available in the said Hospital. Therefore, there is a dire need to increase the number of beds in the said hospital. Moreover, she suggests that the Tungaturthi Community Health Centre, which has capacity of thirty (30) beds, may also be designated as COVID-l9 Hospital for the benefit of the people of the District.

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Secondly, the Media Bulletin being released by the State Government does not reflect the number of tests carried out in the Government Labs, and the tests carried out in the Private Labs. According to her, the Media Bulletin is not correctly reflecting the number of tests carried out in the Private Labs. For, according to the petitioner, having contacted a large number of Private Labs, the petitioner is informed by the Private Labs that the data given by them to the State Government does not find a true reflection in the Media Bulletin being issued by the Government.

Thirdly, according to the learned counsel, despite the increase in the number of COVID-19 patients, the deaths being revealed in the Media Bulietin continues to be between 9 and 10 persons per day. According to her, this is logically incorrect. For, the larger the number of COVID-19 patients, the larger the number of deaths would be. Despite the fact that from the end of March, 2020, when the State had indicated the existence of very few COVID- ¹⁹ patients, to the beginning of September when the State claim that it has 32,537 patients, interestingly the number of those who are dying continues to be 9 or 10 per day. 'lherefore, according to her, it is a clear cut indication that the number of deaths is being suppressed by the Government, and a true picture is not being projected to the people at large.

Lastly, the petitioner had liled an application under Right to Information Act before the Dist.rict Collector, Suryapet, enquiring whether the District Medical Bulletin is being issued as was directed by this Court, or not? The petitioner has been informed that the District Media Bulletin is no longer being published, as an oral direction has been issued by the Government not to publish the same. llet, before this Court, t'l.e Government keeps on making consistent statemerrt that the District Media Bulletins are, indeed, being issued. Hence, according to the leamed counsel, there is a contradiction between the statement made by the State Government before this Court, and the information supplied by the District Collector, Suryapet.

Ms. Vasudha Nagaraj, the learned counsel for the petitioner in W.P. (PIL) No. 156 of 2O2O, submits that although the GHMC is creating Isolation Centres, and Covid Care Ce:rtres in the GHMC area, due to non-submission of any Report by the GHMC, the number of Isoiation Centres, and the Covid Care Centres, being established is unknown.

Secondly, beca.use of the phenomenal rise of COVID-19 patients in the Districts, and because of Iack of medical infrastructure in the Districts, people are rushing to Hyderabad for their treatment. But, due to lack of Ambulance Services connecting the Districts to Hyderabad, people are finding it very difficult to bring the ailing persons to Hyderabad. Therefore, she suggests that the Government shculd be directed to increase the number of Ambulances so that a smobther transportation system is available for transporting those who are suffering from C()VID-19 to Hyderabad in the shortest time avaiiable.

Mr. Kowturu F'avan Kumar, the leamed counsel for the petitioner in W.P. (PiL) No. 182 of 2O2O, has drawn the attention of this Court to the Media Bulletin, dated 03.09.2020, in order to buttress his claim that while the Government has increased the Rapid Antigen Testing Centres, numbering around 1O76, the number of Centres carrying out RT-pCR/CBNAAT /TRUENAT remains almost the same, i.e., 17. Therefore, the learned counsel suggests that the r:umber of Centres carrying out RT-PCR tests, which is considered the best test for discovering the persons of covid virus, should be increased by the Star:e Government.

Secondly, the learned counsel has drawn the attention of this Court to an Article, dated 13.06.2020, which has appeared in the National Daily, ..The Hindu", wherein it is revealed that the budget allocation for the public Medical Health Care System in the State is declining over the years. Therefore, he has sought a direction from this Court that the State should be directed to reveai the present aliocation prior to the pandemic, and the additional allocation granted by the State Government during the pandemic. For, according to the learned counsel, perhaps sufficient amount of funding is not being given to the Public Medical Health Care System as is required in order to tackle the pandemic throughout the State.

. Mr. Saaketh, the learned counsel for the petitioners appehring in W.P. (PIL) Nos.96 of 2O2O, and 140 of 2O2O, submits that despite the fact that orher States have created a Live Dash Board on their website, which would give the real-time indication of the availability of beds, and in spite of the fact that this Court had directed the State to create such a Live Dash Board, the Live Dash Board is yet to be implemented by the State. According to the learned counsel, on the last occasion, this Court was informed that "the Beta Version of the Live Dash Board" has been prepared, and would be tested further to make it an 'Alpha Version", but in the present Report submitted by Mr. B. S. Prasad, the learned Advocate General, there is no indication that "the Alpha Version" has been created. Moreover, no time period has been given by the State for creating the Live Dash Board. Thus, according to the learned counsel, the direction issued by this Court is yet to be followed by the State Government.

Secondly, according to the learned counsel, there are a large number of people who are destitutes and homeless, who live on the streets of our cities. Although Mobile Testing Vans are being used by the Government, there is no indication whether the Mobile Testing Vans are being used for testing the homeless, and destitute, who roam our bities. Furthermore, the Mobile Testing Vans should also be used for testing the petty shop keepers, and vegetable vendors, who roam the streets of our cities, or who operate small shops. According to the learned counsel, even the ICMR Guidelines harp on testing vast section of the population. Therefore, he seeks a direction from this Court that the Government should be directed to utilize the Mobile Testing Vans for these specific purposes.

Lastly, he has drawn the attention of this Court to the Media Bulletin, dated 03.09.2020, in order to buttress his plea that the infrastructure even at Nizamabad is insufficient to cater to the large number of COVID-19 patients existing in Nizamabad District. According to the Media Bulletin, dated 03.09.2020, there are two Hospitals, namely, GGH, Nizamabad, and AH, Bodhan, which have been designated as COVID- 19 Hospitals. However, according to the Media Bulletin, GGH, Nizamabad, does not have any regular beds, as it has onl;r 205 oxygen beds, all of which are occupied. Therefole, there is no oxygen bed available at GGH, Nizamabad. Similarly, at the AH, Bodhan, 12 regular beds are available, which are totally occupied. Therefore, presently, there are no regular beds available. Likewise 10 oxygen beds were available, all of whir:h are occupied. Therefore, presently, there are no oxygen beds available. Thr.rs, according to the learned counsel, the infrastructure needs to be increas,:d drastically in order to cater to the continuous inflow of COVID-19 patients in Nizamabad. Furthermore, drawing the attention of this Court to the conditi:n of GHMC, the learned counsel submits that even in the Gandhi Hospital, Hyderabad, the infrastructure is awfully lacking. Although the Gandhi Hospital is the Primary Hospital for treatment of COVID- ¹⁹ patients, and it is this Hospital, which has been tackling the problem of COVID- 19 from the very initial stage, the infrastructure is too little to cater to the constant inflow of COVID-19 patients.

Mr. Arjun Kumar, the learned counsel for the petitioner in W.P. (PIL) No. 142 of 2O2O, submits that despite the repeated direction of this Court to the State Government, 1:o take aclion against the erring Private Hospitals, the said directions are not being implemented by the State Government in true letter and spirit. By order, dated 13.08.2020, this Court had directed the State to enquire as to how many poor persons are being treated by the Private Hospitals? This Court had also directed the Govemment to issue a Circular, similar to the Circr:lar dated 04.06.2020 issued by the Delhi Government, whereby certain percentage of the beds avaiiable in the Private Hospitals were reserved for the eccnomically weaker sections of the society. But, despite the said direction, no such Circular has been issued, so far. Moreover, the Private Hospitals continue 1.o charge exorbitant fees from the COVID-19 patients. And, yet, no concrete steps are being taken against the erring Private Hospitals by the Government. Ttrerefore, according to the learned counsel, the people are beginning to have a bona ftde impression that the Government is too weak to take any concrete at:tion against the strong lobby of the Private Hospitals. Due to the omissions on the part of the Government, it is the people who continue to suffer.

Mr. Prabhakar Chikkudu, the learned counsel for the petitioners in W.p. (PIL) Nos. 59 of 2O2r) and 78 of 2O2O, submits that Section 23, and Section 3l of the Disaster MarLagement Act, 2005, require that both the State Disaster Management Plan, and the District Disaster Management p1an, should be prepared by the co:rcerned Authority. But, so far, no Disaster Managetnent Plan has been sub:nitted by the State. Therefore, according to the learned

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counsel, the state is not working in a planned and integrated manner. Due to lack of a plan, both at the State level, and District level, it is the people who continue to suffer.

Mr. B. S. Prasad, the learned Advocate General, has questioned, and challenged the position being taken by some of the learned counsel mentioned above. According to the learned Advocate General, the State Government has been fighting a full-fledged battle with COVID- 19; it has succeeded to a great extent in containing the disasterous affects of COVID- 19; it has not only established, and designated Government Hospitals throughout the State, but has also roped-in the services of the Private Hospitals; it has also established Covid Care Centres, and Isolation Centres for the benelit of the people. Therefore, the iearned counsel are not justified in claiming that the Government has failed to contain the spread of COVID-19.

Since most of the petitions before this Court are in the nature of public interest litigation, obviously these petitions are not adversarial in nature. The endeavour of the petitioners is merely to point out some of the weaknesses, and some of the laeunae left by the Government while it tries to tackle the menace of COVID-19. It is the endeavour of this Court to ensure that the Government functions in a concerted effort for the benefit of the people. Needless to say that the Covid pandemic is the biggest challenge being faced by the State, and by the Nation today. Until and unless all the energies of the State Government are focused like a iaser beam, it will be difficult, if not impossible, to tackle COVID-19 in a reasonable manner.

A bare perusal of the Report, dated 03.09.2020, clearly reveals that even the Report is rather vague in its content. Despite the fact that in paragraph 5, the Report claims that notices have been given to three Hospitals for revocation of their permiSsion to provide COVID-19 treatment, even the names of the three Hospitals have not been revealed. Moreover, in spite of the fact that the Report claims that it has received 161 complaints, for which, 38 Hospitals have been issued notices, the names of those 38 Hospitals have not been revealed. Furthermore, it is unclear as to why other complaints are being left unattended to.

Even in paragraph 6, although it is claimed that notices have been issued to three Hospitals, which were allotted land on certain conditions, and those conditions are being violated by these three Hospitals, but the names of these three Hospitals have not been revealed to this Court.

The Report is also silent on the issue whether the directions issued by this Court on 13.08.2020, had been implemented, or not. One of the directions issued by this Cour'- in the said order was to find out from the Private Hospitals as to how many po()r persons have been treated free of cost for COVID- 19, and in case poor persolls are not being treated free of cost, then what steps,are proposed by the G()vernment against the erring Hospitals. Another direction issued by this Colrrt rvas to explore the possibility of issuance ol Circular similar to the Circular issued by the Delhi Government, mentioned above, and to reserve number cf beds in the Private Hospitals. There is no indication in the Report whether this direction has been implemented, or not, so far, by the Government.

This Court hzLs the benefit of having Dr. Srinivasa Rao, Director, Public Health and Family Welfare Department. This Court has asked Dr. Srinivasa Rao as to why no a<:tion is being taken against the erring Private Hospitals. To this query, he has submitted that in fact, notices are being issued to the Private Hospitals. Yt:t, Dr. Srinivasa Rao. has not mentioned the names of those Hospitals, to whom the notices have been given. Moreover, he informs this Court that meetings have been held with the Private Hospitals, and in principle, they have agreed to reserve a number of beds for the benelit of the poor segment of the society. But, he is not in a position to inform this Court as to which Hospital has agreed in principle to implement the undertaking given to the State. Moreover, the State is not in a position to reveal the names of those Hospitals, rvho have given such undertaking to them. Most importantly, so far, the Covernment has not reserved any Hospital beds for the benefit of the public in spite of the fact that the Hon'ble Health Minister had made a public statement almost a month back that the Govemment will ensure that 50% of the beds in Private Flospitals will be reserved for the benefit of the public.

This Court is rvell aware of the endeavour being made by the State in trying to tackle CO/ID- 19 pandemic. However, despite the best efforts of the Government, the fact remains that COVID-19 pandemic is only spreading its wings. In fact, both according to the Government, and according to the Press, COVID- 19 has penetrated even to the village level in the State. Thus, there is bound to be a phenomenal rise in the number of COVID- 19 patients throughout the State. In fact, the twin examples of Suryapet, and Nizamabad Districts, mentioned hereinabove, clearly reveal that the medical infrastructure facility in the Districts, is not sufficient enough to tackle the emerging COVID-19 patient populatio:r.

Therefore, this, Court directs the State to consider, and implement the improvement of the medical infrastructure as expeditiously as possible in the District Headquarters. This may entail either the designation of more number of Hospitals as COVID-19 Hospitals, or to increase the beds, i.e., Regular Beds, Oxygen Beds, and Beds available in ICEU, within the Hospitals, which are already designated as COVID- 19 Hospitals.

Secondly, in the Media Bulletin, it should be indicated clearly as to how many persons have been tested in the Government Labs, and how many persons have been tested in the Private Labs. For, the number of persons who have been tested in the Private Labs, is not being indicated in the Media Bulletin.

Thirdly, since it is rather surprising that the number of dying cases revealed in the Media Builetin have been around 9 to 10 per day for the iast one month, despite the phenomenai increase in COVID- 19 patients, the Government is directed to reveal the correct number of those who are dying of the said disease. For, this Court is pima facie of the opinion that actual number of persons dying is not being revealed in the Media Bulletins published by the State.

Fourthly, since there is a contradiction in the statement given by the State, and the statement by the Collector, Suryapet, with regard to the publication of the District Media Bulletin, this Court directs the State Government to submit the District Media Bulletins, which have been issued by different Districts from August, 31"t, tiil September, O4t,, 2O2O, in order to buttress its statement that the District Media Bulletins are being published on daily basis.

Fifthly, the GHMC is directed to submit a Report with regard to the number of Covid Care Centres, and Isolation Centres established by the GHMC within the GHMC area, and to ensure that these Centres become operational as expeditiously as possible.

Sixthly, the Government is directed to increase, if possible, the number of Ambulances within the Districts, which would be in a position to transport patients from the District areas, to Hyderabad, for their treatment of COVID-19. The number of Ambulances should be increased to the suflicient ievel to cope with the increase of COVID- 19 patients in the respective District.

Seventhly, since the RT-PCR test is considered the most efficient test for discovering the existence of Corona virus, the State Government is directed to increase the number of Labs, which will carryout the said tests. For, despite the increase in the nu'nber of COViD- 19 patients, in spite of the increase in the testing done by the Government, the number of Government Labs carrying out RT-PCR tests continued to be the same, that is around 17 Government Labs.

Therefore, the Government Labs carrying out the said tests need to be increased by the Government.

Eighthly, the State Government is also directed to inform this Court with regard to the budg,:tary allocation for tackling pandemic, and the budgetary allocation given to r.he Public Medical Health Care System, both prior to. and during the pandemi3.

Ninthly, the litate Government sha1l also inform this Court about the reasons for not launching the Live Dash Board, as earlier directed by this Court. The Live Dash Board should be provided as expeditiously as possible, so that the people would be well aware of the availability of the beds in a real time frame.

Tenthly, the fitate Government is directed to utilize the Mobile Testing Vans to carry out tests on the homeless, and the destitute, who inhabit the streets of our cities, and to test the vegetable vendors, and the petty shop keepers. For, even according to the ICMR Guidelines, the testing has to be done on a large scale. Of ,rourse, this is not to undermine the fact that the State has, indeed, increased tLLe testing to as high as 63,000 per day. But, even then the testing needs to be increased even further.

Eleventhly, in W.P. (PIL) No.1a2 ol 2O2O, the National Pharmaceutical Pricing Authorily has been arrayed as seventh respondent. Therefore, the National Pharmaceutical Pricing Authority is directed to enquire into the overcharging by the Private Hospitals functioning in the Hyderabad, Secunderabad, and Ranga Reddy Areas, and to submit its Enquiry Report, both to this Court, and to the Director, Public Health and Family Welfare Department. Once the said Enquiry Report is submitted by the National Pharmaceutical Pricing Authority,

Dr. Srinivasa Rao, is directed to take concrete steps against the erring Private Hospitals, and to inform this Court about the concrete steps being taken by him against the errirrg Private Hospitals.

Twelfthly, the State Govemment is further directed to decide prior to the next hearing date, whether it wishes to reserye 50% of the beds in the Private Hospitals for the berLelit of the public, or not? In case, it decides not to reserve 50% of the beds in the Private Hospitals, for treatment of COVID-19 patients, it should spel1 out cogent, and convincing reasons for not reserving 50% of the beds. Of course, t.:ris Court need nbt remind the State that it is the constitutional mandate, and the constitutional duty of the State, to protect its people from the pandemic.

Thirteenthly, the State Government is directed to consider the possibility of converting the Tungaturthi Community Health Centre, into a designated COVID-19 Hospital.

Lastly, this Court directs the State Government to submit its State Disaster Management Plan, and the District Disaster Management Plan, which this Court is sure, must have been prepared by the State under Section 23 and Section 31 of the Disaster Management Act, 2005. Such Plans should be submitted by the State, along with its Report.

Mr. B. S. Prasad, the learned Advocate General, is directed to file the Report with regard to the implementation of the directions issued by this Court today. The said Report shall be filed on or before 22.09.2020. Moreover, the National Pharmaceutical Pricing Authority, the respondent No.7, in W.P. (PIL) No.142 of 2020, is also directed to submit its Enquiry Report on or before 22.09.2020.

The Registry is directed to list these on 24.09.2020.

//TRUE COPY//

To,

The Secretary, Ministry of Health and Family Welfare, Union of India, Maulana Azad Road, Nirman Bhavan, New Delhi - 110011.(By RPAD)

SD/- M MANJULA

ASSISTANT/REGISTRAR

SECTION OFFICER

• The Chief Secretary, State of Telangana, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• 3. The Principal Secretary to the Medical and Health Department, State of Telangana, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad.
• The Commissioner and Director, Medical and Health Department, Koti, Hyderabad, Telangana.
• The Special Chief Secretary, Medical and health Department, State of Telangana, B. R. K. Bhavan, Hyderabad.
• The Director General, Indian Council of Medical Research, (ICMR) COVID-2019. New Delhi.
• 7. Director of Public Health and Family Welfare, Government of Telangana, Hyderabad.
• 8. The Director of Medical Education, Government of Telangana, Hyderabad.
• 9. The Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad.
• 10. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Band Road, Hyderabad.

(Addressees 1 to 10 by SPL. MESSENGER)

• The Member Secretary, National Pharmaceutical Pricing Authority, Department of Pharmaceuticals Ministry of Chemicals and Fertilisers Government of India 3^rd/5^th Floor, YMCA Cultural Center Building 1, Jai Singh Road, New Delhi, India – 110001 (By RPAD)
• 12. One CC to Sri Prabhakar Chikkudu Advocate [OPUC]
• 13. One CC to Dr. K.P. Rajender Kumar, Party in person (OPUC)
• 14. One CC to Smt Gorantla Sri Ranga Pujitha, Advocate (OPUC)
• 15. One CC to Sri Naresh Reddy Chinnolla, Advocate (OPUC)
• 16. One CC to Sri Kowturu Pavan Kumar, Advocate (OPUC)
• 17. One CC to Sri Qazi Salar Massod Aatif, Advocate (OPUC)

18. One CC to Sri Gandra Mohan Rao, Advocate (OPUC)

19. One CC to Sri K. Pardhasaradhi, Advocate (OPUC)

20. Two CCs to Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General (OUT)

21. One CC to Smt Vasudha Nagaraj Advocate [OPUC]

22. One CC to Sri P. Thirumala Rao, Party in person, (OPUC)

23. One CC to Sri N.S. Arjun Kumar, Advocate (OPUC)

24. One CC to Sri Pratap Narayan Sanghi, Advocate (OPUC)

25. One CC to Sri.P.Nagesh, Advocate (OPUC)

• 26. One CC to Sri.Mallipeddi Srinivas, Advocate (OPUC)
• 27. Two CCs to the Advocate General, High Court for the State of Telangana (OUT) (By Special Messenger)

28. Two spare copies

HIGH COURT

HCJ & BVR,J

DATED: 04.09.2020

NOTE: POST ON 24.09.2020

<u>WP(PIL) NOS: 56, 58, 59, 61, 78, 82, 91, 92, 96,</u> <u>111, 140, 142, 146, 154, 156, 160, 163, 168 & 182 OF 2020</u>

ORDER

DIRECTION

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08/09/2020