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

TUESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY

:PRESENT: THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRIJUSTICE B.VIJAYSEN REDDY

WP(PIL) NOS: 56. 59. 61. 78. 82. 91, 92. 96. 1t',|.160j5658J40J42 & 146 0F 2020

WP(PIL). No. 56 of 2020 Between: lVlr. R. Sameer Ahmed, Advocate, '1't Floor, 1O-3-31 1l2lN3lA, 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, lVlunicipal Administration and Urban Development, Secretariat, Hyderabad. 4. The Commissioner, Greater Hyderabad IVlunicipal 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 Hyderabad. B. 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 lndia praying that in the circumstances stated in the Letter dated27.03.2020 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 [Vandamus 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 l\4ask, Face shield, goggles, Corvell/ Gowns, Shoe covers, Head covers etc., while testing reasonable suspects and patients of Epidemic/Pandemic COVID-19", since the has directed the I\4edical 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 lVlask, Face shield, goggles, Corvell/Gowns, Shoe covers, Head covers etc., which amounts to sheer infringement of their Right to life enshrined under Article 2'1 of the Constitution of lndia WWW.LIVELAW.IN

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. 59 oF 2020 Between: 1. Prof. P.L. Vishweshwar Rao, Occ. Convenor, Telangana Democratic Forum and Vice President of Telangana Jana Samithi, R/o. H.No. 33-2311, Officers Colony, Rama Krishnapuram, - 500056. 2. Dr. Cheruku Sudhakar, tt/lBBS, S/o. Usha Goud, Occ. Doctor, H.No.14-70, V.T. Colony, Nakrekal, Nalgonda District, Telangana State - 508211 ...Petitioners AND '1 . Union of lndia. Ministry of Health and Family Welfare, Maulana Azad Road, Nirman Bhavan, New Delhi - 1 1001 1 . 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 tVledical and Health Deparlment, 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. B. The Commissioner, Civil Supplies Department, Civil Supplies Bhavan, H.No.6-3-655/ 1 lA, 3'd Floor, Punjagutta Road, , Hyderabad, Telanga n a. 9. The Labour Commissioner, State of Telangana, T. Anjaiah Bhavan, RTC X Road, Hyderabad. ...Respondents Petition under Article 226 ot the Constitution of lndia 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't February, 2020 to 25th ttlarch, 2020 tor 14 days and non-providing Medical Personal Protective Equipment (PPE), N-95 ltlasks to the Doctors, Para- IVledical Staff, who are working in the t\/edical field in prevention of Spread of Covid-19 in the State of Telangana and also in non-import-non manufacture the lt/ledical Equipment like Diagnosis kits of COVID- 19, Ventilations, Personal Protective Equipment (PPE), N-95 ltrlasks, 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, [\Iasks, medicines, shelter and minimum expenses etc., to the lakhs of Un-organized labour. beggars, lnter-State lVligrant 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, u nconstitutiona l, whimsical, perverse, mockery and against to an Article 14, 19,21 of Constitution of lndia and against to the Provisions of the Epidemic Diseases Act, 1897 and The lnter State tr4igrant Workmen Act. 1979 and WWW.LIVELAW.IN

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 1't February, 2O2O lo 25th March,2020 for 14 days and direct the respondents to either manufacture or import the large Scale Diagnosis Kits of COVID-|9, 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, lnter-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 lVlasks, 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 ofSri A. Jagan, Advocate forthe respondent No. 8, wP(P|L).NO.61 OF 2020

Between: Sri. K.Karuna Sagar,, Advocate, Flat No.516, srH Floor, SVRS Neeladri Apartments, Champapet, Hyderabad 500035

Petitione r AND 1. State of Telangana, Rep. by its Chief Secretary, Secretariat, Hyderabad 2. 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 5 State of Telangana, Represented by its Principal Secretary, Women and Child Welfare Department, Hyderabad Respondents

Petition under Article 226 of the Constitution of lndia 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 WWW.LIVELAW.IN

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 2417 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 non-bailable cases should be registered against the assaulters under lPC, particularly u/s 1'1 of Telangana Medicare Service Persons and l\4edicare Service lnstitutions (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 '1 '1 of Telangana Medicare Service Persons and l\4edicare Service lnstitutions (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 Petitloners 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, tt/edical and health Department, B. R. K. Bhavan, Hyderabad. 3 The State of Telangana, Rep. by its Principal Secretary to the lVedical and Health Department, Telangana Secretariat, B. R. K. R Bhavan, Hyderabad. 4 The Commissioner and Director, tVledical and Health Department, Koti, Hyderabad, Telangana. Respondents

Petition under Article 226 of lhe Constitution of lndia 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 l/andamus in declaring the action of the respondents in issuing an impugned proceedings Lr. No. B2lPeshi/DME12020, Daled 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 euarters 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, WWW.LIVELAW.IN

unreasonable, unfair, unjust, unlawful, unconstitutional, whimsical, perverse, mockery, in human, bad in law, ulterior motive and against to an Article '14, '1 9, 21 of Constitution of lndia 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. lA NO: 1 OF 2020 Petition under Section 15'1 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(PlL) 78 ot 2020, on the file of the High Court. lA NO: 2 OF 2020 Petition under Section 15'1 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 202Q, on the file of the High Court. lA 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 4th respondent in Lr. No.82lPeshi/DlnEl2020, Dated 20.04.2020, forthwith, pending disposal of WP(PIL) 78 o'f 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(PlL). 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.6.3.5521 1, Erramanzil Colony, Hyderabad 500 082

Petitio ner AND '1. Union of lndia, rep. by its Secretary Department of lVledical and Health, Central Secretariat, New Delhi. 2. lndian Council of Medical Research, (lCI\4R) 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 WWW.LIVELAW.IN

Petition under Article 226 of the Constitution of lndia 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 [\4andamus to call for records and remarks from the Respondents herein relating to and in connection with issuance of letter bearing No. Sp|/COVID/DPHGW2020 dated 2010412020 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 likellhood of spreading the virus upon (1) Health Service Providers. .i.e. front line workers i.e., Doctors, Nurses, ANlVls, Asha Workers, (2) Family l/lembers 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. lsmail 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, ANI\I, Asha Workers, (2) Family lvlembers 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(P|L). No. 91 OF 2020

Between: Varun Sankineni, S/o Sankineni Venkateshwar Rao Petitio n er AND

1 The Union of lndia, Rep. by its Under Secretary, lVedical and Health Department, (COVID -19) Central Secretariat, Sastry Bhavan, New Delhi 2 The lndian Council of Medical Research, (lCM R), Rep. by its Director General, (COVID -19), Health Research Department, Ansari Nagar, New Delhi 1 10 029 J The State of Telangana, Rep. by its Chief Secretary, (GAD) Dept., Secretariat, Saifabad, Hyderabad. 4 The State of Telangana, Rep., by its Special Chief Secretary, tVledical and Health Department, (COVID -19), Secretariat, Saifabad, Hyderabad 5 The State of Telangana, Rep., by its Prl, Secretary, tVledical and Health Department, (COVID -19), Secretariat, Hyderabad. 6 The Commissioner and Directorate of t\4edical and Health Department, (COVID-1 9) Koti, Hyderabad. 7 The District lvledical and Health Office, Rep., by District trledical and Health Officer (FAC), Suryapet Collectorate, Suryapet, Suryapet dist., erstwhile Nalgonda District B The Superintendent of (COVID -'19), Gandhi Hospital, Secunderabad, Respondents

Petition under Article 226 of lhe Constitution of lndia 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 lVlandamus. a)declaring that the action of the Respondents in failing to WWW.LIVELAW.IN

conduct/provide for adequate testing of COVID-19 for the citizens of the State of Telangana and more particularly the residents of Suryapet district of erstwhile Nalgonda district as a constitutional failure of the State duty, violating the citizens fundamental rights including the rights guaranteed underArticle 14 and 21 of the Constitution of lndia and resultantly direct the Respondents. b)To review the testing criteria to include collecting samples 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 identify the areas affects and people carrying the virus who may or may not show any symptoms. d)Consequently speed up the process testing through door to door step sample collection in order to ensure widespread accessibility of the testing facilities, (This will not only increase the number of people tested per million but also ensure the safe collection of samples and proper maintenance of the 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, therefore minimizing the pressure on the already overburdened hospitals. f)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 within 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 lA 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 appoint a court monitored expert committee for identifying the extent of testing and for suggesting the localities /zones/municipal/ gram panchayath areas in the State of Telangana and more particularly in the Suryapet district erstwhile Nalgonda district in which steps for rapid testing ought to be undertaken by the Respondents forthwith, pending disposal of WP(PlL) 91 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 MS Gorantla Sri Ranga Pujitha Advocate for the Petitioner and Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General for the respondent No. 1 & 2 and Sri B.S. Prasad, Advocate General for the respondent No. 3 to B. wP(PrL) NO.92 OF 2020

Between: Naresh Reddy Chinnolla, S/o. Damodar Reddy Petitio ne r AND '1 . Union of lndia, Ministry of Health and Family Welfare, Rep. by its Secretary, Nirman Bhavan, New Delhi-l 1001 1. 2. The State of Telangana, Rep by its Chief Secretary Secretariat, Hyderabad 3. The State of Telangana, Rep by its Principal Secretary of tvledical 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 WWW.LIVELAW.IN

6. The Superintendent of Police, Nirmal District 7. The District Health Officer, Nirmal District Respondents

Petition filed under Article 226 of constitution of lndia 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 l\Iandamus dectaring the action of the Respondents in not conducting Covid tests on pritnary 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' 2O2O as illegal, arbitrary and unconstitutional and consequently direct the Respondents to i) lncrease the Covid-19 testing capacity by testing primary as well as secondary 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, ii) Conduct random testing especially in Red Zones and Orange Zones to tackle the asymptomatic cases, iii) Strictly implement measures as prescribed under G.O.Ms.No.45 daled 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 lndia for further deployment of forces, iv) Formulate and lmplement an effective policy dealing with current situation of migrant workers

lA NO: 1 OF 2020 Petition under Section '1 51 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 radlus in the Red Zones as identified by the Government and strictly implement measures as prescribed under G.O.[/ls.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(PlL) 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 order of the High Court dated 18.05.2020 and 08-06-2020 made herein and and upon hearing the arguments of Naresh Reddy Chinnolla as (Party ln Person) and Sri B.S. Prasad, Advocate General for the respondents, the Court made the following. WWW.LIVELAW.IN

WP(P|L). No.96 OF 2020 Between: '1 . Surya Balu tVlahendra, 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 lD. mahendra.suryagmmail.com 2. Bala Krishna Mandapati, S/o tt/. Sambaiah, Aged. 36 years, Occ: Academician R/o Fat No. 502, Ashok Residency, Street Number 6, East It/aredpally, Nehru Nagar, Hyderabad-500026, Aadhar number 281777817877, Pan Number - APLPM9326D tvlobile Number 9502265851 Bank Account No. 074750700000809 l\4ail id. baluktbTPgmall.com ...Petitioners AND "l . 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. 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 7, The Union of lndia, Rep. by its Secretary, ft/inistry of Health and Family Welfare, New Delhi. B. lndian Council of Medical Research (ICMR), Rep., by lts Director General V. Ramalingaswami Bhawan, P.O. Box No. 491 1 Ansari Nagar, New Delhi - 110029 Respondents

Petition under Article 226 of the Constitution of lndia 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 lLl (lnfluenza like lllness) symptoms in the State of Telangana as per the Guidelines of lClttlR D1.0910412020 as arbitrary, opposed to Public Health and in violation of Article 21 of the Constitution of lndia and consequently direct the Respondents to undertake wide spread COVID-'I9 Testing in the State of Telangana and also further appropriate measures to curtail the spread of Corona Virus.

lA 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 lCl\4R Dated 0910412020, pending disposal of the Writ Petition (PlL) 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 [Vlr.Kowturu Pavan Kumar Advocate for Petitioners, and GP for lVledical & Health (TG) for WWW.LIVELAW.IN

Respondents 2 to 5 and [\/r.Navamavarapu Rajeshwar Rao, Assistant solicitor General for Respondents 7&8, the Court made the following.

WP( PtL) 111 0F 2020 Between: Amrita Aryendra, D/o Aryendra Kumar,

. . Petitio ners 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, lVledical and Family Welfare, Secretariat, Hyderabad

3 State of Telangana, Represented by its Principal Secretary, Ivledical and Health Deparlment, Secretariat, Hyderabad. 4 The Commissioner and Director, Medical and Health Department, Koti, Hyderabad.

5 The lndian Council of Medical Research (lClVR),, Rep., by its Director General, Health Research Department, Ansari Nagar, New Delhi - 110 029. ...Respondents

Petition under Article 226 of lhe Constitution of lndia 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 [t/landamus, (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 lnstitutional 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-l\4orbidity status among deaths j) Containment zones in each locality/districVcity/arealmandal 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 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( 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 lnstitutional Quarantine; c.) Number of symptomatic persons and WWW.LIVELAW.IN

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/districVcity/area/mandal; k.) List of centers/hospitals (government & prlvate) 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(PlL) 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 the order of the High Court dated 18.6.2020 & 1.7.2020 and upon hearing the arguments of SRI QAZI SALAR MASSOD AATIF Advocate for the Petitioner, THE ADVOCATE GENERAL (TG) Advocate for the Respondent, the Court made the following.

\1'.P.(PIL).No. I 60 of 2020 Behveen: Sai Mani Varun Chevuri, S/o Late Ch.Sudhakar Reddy H.No.1- 1-79, Mohan Nagar Colon."- Kothapet, Hyderabad, Ranga Reddy District, Telangana State Aadhar number - 797335541239 Pan Number - BFRPC7403N Mobile number - 9912994140 Bank Account No.. 3l12686049. Kotak Mahindra Bank, Saroornagar Hyderabad. Mail id. [email protected] l'et it ion er AND l. The State ofTelangana. Rep., by its Chief Secretary,, ILevenue (Disaster Managentent-lI) Department Secretariat, Hyderabad. 2. The Special Chief Secretary to Govemment, Health, Medical and Famill, \\/ellare Departnent. Secretariat. Hyderabad. 3. 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 ,1. The Telangana State Medical Services and Infrastnlctlu'e Development Corporation, (r\ Govt of'Ielangana Enterprise) Rep by its Chairman Sri Pareiyada krishnanturthy 2nd Floor DME Building, DM and HS Campus, Opp: Koti Womens College Road. Kutbiguda, Sultan Bazar, Koti, Hyderabad - 500095. 5. The Union of , Rep. by its Secretary, Ministry of Health and Family Welfare. Nerv Delhi. 6. Indian Council of Medical Research, Rep by its Secretary DHR andfDirector General V. Ramalingaswami Bhawan, P.O. Box No.49l1 Ansari Nagar, New Delhi - 110029, lndia ....Respondents

Petition under Article 226 of the Constitution of lndia 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 uature of Writ o1' Mandamus Declaring tl.re inaction of the Respondents No. I to 4 in I. Ensuring that the COVID- 19 Designated Hospitals comply with the norms prescribed by the Respondent No.6 (ICMR) before dischargir.rg Covid-19 patients prior to cornpletion of the prescribed quarantine period. Il. Regulating the Admission and Treatnient of COVID-19 Patients in Private Corporate Hospitals. III. Inspecting and Auditing the COVID-19 Treatncnt Charges being collected by Pritrrte Corporate Hospitals" IV. Arangir.rg for sa1'e and proper cremation of COVID-19 Dead Bodics rrs r'vholly' illegal. arbitrary unconstitutional and violatir,'e of Article 2l of the Constilr.rtion of L.rci il and consecluently direct the 1st and 2nd Respondent to inir.necliately put in place a mechanism to supervise, regulatc and ensure lransparency in the activities o1' COVID- 1 9 Designatecl Hospitrls.

IA \O: I OF 2020 Petilion undcl Section 151 CPC praying that in the circumstances stated in the atfidavit filed in support olthe petition, the High Court may be pleased to direct the respondents I to 2 to ensure only people cligible for Ilome Quarantine as per ICMR guidelines are seut to sucli llonrc Quarantine Facility and to discharge Covid-19 patients only alier completion olthe quarantine as WWW.LIVELAW.IN

specitled in the dischalge guidelines and issue of fitness certificate by the health olficials pending disposal o1'tl.rc above WP(PIL). I 60 of 2020, on the file of the High Court' lA NO: 3 OF 2020 Petition uncler Section 151 CPC praying that in the circumstances stated in the affidavit tiled in sqrpolt of the petition, the High Court may be pleased to direct the I 't respondent to provide statutor'), guidelines for a repayable financial assistance package by wa1 of irlterest fi ee loan to the neeclr' miclclle class people under the provisions of sec.13 and 6l 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). I 60 of 2020, on the file of the High Court.

The petition comir.l:, on fbr hearing, upon perusing the Petition and the alfidavit filed in support thereol and upon hear.i;rg the arguments of SRI.P. NAGESH r\dvocate 1br thc Petitioner and l-HE ADVOCA-IE GENERAL (TG) for the Respondents.

\\ P(PIL). \0. 156 of lr)?()

Behycen: Dr. R. Srirarsan. Slo Raghavan Aged about 66years, Occ. Independent Writer and Researcher' R/o lilat l0l. Block C Saincher Palace Apartrnents 10-3-152 Street No 2 East Marreclpally, Secrrnderabad Phorre Nurrber. 7702711656 Email Address. r.srivats @ gmail.com Aadhar No. 7956090251 53 Petitioner AND I. State ofTelangana, rep by its Chief Secretary Secretariat Buildings, Hyderabad l. State of Telar.rgana, rep by its Special Chief Secretary Department of Health, Medical and Fanrily Wellare Secretariat Saifabad Hyderabad 3. The Commissioner and Directorate of Medical and Health Department, (Covid -19) Koti Hyderabad 4. Con.rmissioner. Telangana Vaidhya Vidhana Parishad Hyderabad 5. Commissioner, Public Health and Family Welfare Hyderabad 6. Distlict Collector'. Hyderabad District Hyderabad 7. Cormrissioner, GHMC Hyderabad 8. The Superintendent, Gandhi Hospital, Secunderabad 9. Medical Superintendent Osmania General Hospital Hyderabad 10. Medical Superir.rtendent District Hospital King Kothi, Hyderabad I l. Medical Sr.rperintendent, Government General and Chest Hospital Iirragadda, Hyderabad 12. Medical Superir.rtendent ESIC Medical College Hospital. Sanatnagar Hyderabad I 3. Chiel'Medical Sr.rperintendent Central Railway Hospital, Lalaguda, Mettuguda Secunderabad 14. Deccan College of Medical Sciences, Rep by its Chairman PO Kanchanbagh, DMRL X Roads Santoshiriigar Hyderabad I5. Shaaden lnslitr-rle of Medical Sciences Teaching Hospita) and Research Cenhe. Rep by its Chailnran H iuravutsagar Road, Hyderabad I 6. Aal an hrstitute o1'N{edical Sciences, Teaching Hospital and Research Centre Rep bf its Chailnran I(anal.,a ivlamidi, Moinabad Mandal Rangareddy District I 7. l\4edicrl Slrperinte ndent. Kamineni Institute of Medical Sciences Srecpularr.r Narketpalll, Nalgonda District 18. Ilhaskar \'lcdical College and Bhaskar General Hospital. Rep by its Chairman Bhaskar' Nrgar'" Moinabacl Mandal Rangareddy District, Hyderabad I 9. Apol)o histitute ol \{edical Sciences and Research, Rep by its Chairnran. .lunilee Llills, I-llderebad 20. Supelintendent N4ilitary Hospital Golconda, Hyderabad 2 1. Superintendent N4ilitary Hospital Trimulghery, Secunderabad 22. President, l elangana Super Specialty Hospitals Association C/o KIMS Super Specialty Hospital Secunderabad 23. T'he Union of lndia, Rep by its Secretary, Ministry of Health And Family Welfare, New Delhi Respondents WWW.LIVELAW.IN

Petition ulder Arricle 226 of the Constitution of lndia playing that in tlre circumstltrrccs stated in the affidavit filed thereu.'ith, the High Court may be pleased to issue a Writ. Ordc'r ol' Direction more particularly one in the nature of a Writ of Mandamus declaring that llle inae tiutt ofthe Respondents I to 5 in not commissioning and making available for treatment the Teaching Hospitals attached to Govemment Hospitals and the Hospitals attached to Private lvledical Colleges as a dereliction of responsibility in the face of the escalating Covid 19 health crisis ancl consequentially direct the Respondents No 1 to 5 to immediately commission for treatmellt or1 ir priority basis a portion ofthe infrastructure and manpower in all the teaching hospitals attachccl to Government hospitals and to those teaching Hospitals attached to Respondent lnstitutes Nos 14 to 19 as well as the Central Government Hospitals and Military Hospitals arraigned as Respondents No 12, 13 20 ard 21 and to give wide publicity of the same in all the local neu,s papel's;

The petition coming on for hearing upon perusing the petition and affidavit filed therein and tlre order of the High Court dated 10.07.2020, 13.07.2020 & 14.07.2020 made herein ancl upon hearing the arguments of Smt Vasudha Nagaraj Advocate for the Petitioner and Sli B.S. Prasad, Advocate General for the respondent No. I to l2 and Ms. Pushpinder Kour, Advocate lbr' tlie respondent No. l3

WP(PIL) NO: 58 OF 2020 Between: Sri. P. Thirumala Rao, Advocate Enrolment No. (AP/423l2000) Advocate Code - 8365 N4obilc - 9440553070 Email id - puliysinsyhitu(|yahoo.co. in ...Petitioncr' ANI) I . lJnion of India, rep. by its Secretary Department or Medical and Health, Ceutral Secretariat, New Delhi. 2. lndian Council olMedical Research (ICMR), COVID-2019. New Delhi. 3. State ofTelangana, Rep. by its Chief Secretary, Secretariat. Hyderabad. 4. State ofTelangana, Represented by its Principal Secretary. Medical and Health Department, Secretariat, Hyderabad. 5. The Director of Medical and Health, Govemment 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 appropliate Writ, Order or Orders more particularly, one in the nature of a Writ of Mandamus to call tbr remarks from the Respondents herein relating to and in connection with Governrneut imposing charges For COVID-201 9 test on patients in this lockdown circumstances by private laboratories upto Rs.4,500/- is grossly arbitrary and discriminatory which woLrld Fnlstrate and defeat the very purpose and objective ofthe Government and the Govenrnlents (both Central and State) ought to assure and undertake the Full responsibility ol'providing to the citizens, the treatment For COVID-I9 CORONA VIRUS Free of cost at plirarc medical labolatories and private medical establishments and to call for a status report on thc diagnostic tests undertaken and treatment of COVID-19 patients and especially on the hygiene conditions in Hospitals which are treating COVID-19 patients. from the concernctl authorities and to dilect the Union of lndia and the State of Telangana to proviclc lirr diagnosis and treatment to patients suffering from CORONA VIRUS, Free of cost at pri\ rte nredical Iaboratories and private medical establishments

TIie petition coming on for hearing, upon perusing the Petition and the aflidavit lllcd in support thereof and the order ofthe High Court order dated 03-04-2020, 09-04-2020, 17.4.2020. 22-04-2020, l 8-05-2020, 08.06.2020 & 14.07.2020 made herein and upon hearing the argunrcnts of Sri P. Thirurnala Rao, Party in person and of Sri Namavarapu Rajeshwar Rao, Assistunt Solicitor General on behalf ol Respondent No. I & 2 and ofSri B.S. Prasad Advocate General orr behalf o1' Respondent Nos. 3 to 5

WP(PIL) NO: 140 OF 2020 Between: Shiva Ganesh Karnati, S/o K. Chakrapani Petitioncr ANI) WWW.LIVELAW.IN

l. i he Statc ofTelungana, Rep., by its Chief Secretary' GoYernment olTelangana' Secrctariat. l.l,r'dcrabad. Welfare 2. 1 he Special ihicf Secretary to Government, Health, Medical and Family Department, Governlnent of Telangana, Secretariat, Hyderabad' 3. I'he l)irector, of Public Health and Family welfare, Government of Telangana, Koti, I{ydelabad. 4. Gieater Hyderabad Municipal Corporation, Rep., by its Commissioner, Ta,k Bund Road. Loucr Tank Build. Hyderabad - 500063 Respondents

Petition under Afticle 226 of the Constitution of India pral ing that in the circumstances stated in the affidavit illed therervith, the High Court may be pleased to issue Writ or Direction prelerably writ of Mar.rdamus declaring the inaction of the Respondents to take appropriate measures in having a "Live-Dashboard" installed regarding availability ol hospital beds ventilarors in CoVID l9 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/r'er.rtilatols in CO\/lD 19 designated hospitals on a real time basis;

The petitiou conring on for I'rearing, upon perusing the Petition and the affidavit filed in suppoft thcreof and order of the High Court dated 13.07.2020 & 14.07.2020 urade herein and tupon hearing the argumenls of Sri Kowturu Pavan Kumar Advocale for the Petitioner and Sri B.S. Prasad. Adr ocate Cieneral lor the respondents

\\rP(PIl,). \O: 112 OF 2020 lletu ccn: D.Ci.\arasinrha Rao. S ir Suryanalavana Rao Pe r itioner' \\l) l. The Union ollndia. Rep. by its Secretary Ministry of Healtii and Family Welfare Govcnrurent of lndia, Near Udyog Bhawan Metro Station. Maulana Azad Rd, Nerv Delhi - il 0001 2. The Union of I:rdia. Rep. by its Secretary Ministry of Home Affairs Govenimer.rt of lndia t..volth Block. Nerv Delhi - 110001 3. The State of Telangana, Rep. by its Chief Secretary, B.R.K. Bhavan, Secretariat Buildings, Saifabad, Hyderabad -500022 4. The State ofTelangana, Rep. by its Special Chief Secretary. Health, Medical and Family Wellare Departr.r.rent, 6tl' FIoor, D-Block, B.R.K.R. Bhavan, Secretariat Buildings, Saifabad, Flyderabad - 500022 5. Directorate olPublic Flealth and Family Welfare, Rep. by its Commissioner, Government ofTelangana. Sultan Bazar, Koti, Hyderabad - 500095 6. Directolate of Medical Education, Rep. by its Director, Government ofTelangana, Sultan Bazar, Koti, Hyderabad - 500095 7. National Pharmaceutical Pricing Authority, Rep. by its Member Secretary Department of Pharmaceuticals Ministry of Chemicals and Fertilisers Government of India 3'd /5tl' FIoor. YMCA CLrltLrral Center Building l, Jai Singh Road, New Delhi, India - 110001 8. Insurance Regulatory and Development Authority olLidia, Rep. by its ChrefGeneral I\4anagel Flcad Olllce. Sy No. I l5/1, Financial District, Nauakrarnguda, Gachibowli, I-h'derabad - 500032 9. Carc ilospitals. Rep. by Chairman & Managing Director, Quality Care India Pvt. Ltd.. lload No. 2. Ban jara Hills, I lyderabad 10. Yashoda Hospitals. Rep. bl its Managing Director, Alexander Road. Secunderabad- 5 0000i I L Krishna Institute olMedical Sciences Ltd.. (KIMS), Managing Director. Minister Road. Secund erabad-50000i

I 2. Thunrbav Hospital India Private Limited, Rep. by its Managing Director, I 6-6- 1 0,i to 109. Old Kamal fheater Complex, , Hyderabad 13. Sunsl.rirre Hospitals, Rep. by its Managing Director, 45,7-56119, Survey No. 4046, DargaJr Road LIG Chitrapuri Colony, Prashant Hills, Cachaibowli, Hl.der.abad-5 0003 5 WWW.LIVELAW.IN

14. Medicover Hospitals, (A Unit of Sahrudaya Health Care Private Ltd.) Rep. by its C.E.O. Behind Cyber Towers, IBIS Hotels Lane, Hitech City, Flyderabad, Telangana-500081 (Respondent No. 9 to 14 are impleaded as per Court order date d 14.0'7 .2020 made in lA. No. 4 of2020) 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 action ol tl.rc respondents in not taking effective steps for preventing rampant profiteering by plivate. 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 treatlnellt for Covid-19 patients, despite they having contract for the same, as illegal, arbitrarl. unjust and violative ofthe fundamental rights of citizens guaranteed under Article l4 and 2l ol' the Constitution of India and theretbre seeking consequential direction to the respondents to acl decisively to protect the interests of cor.nmon man in tacing Covid-19 pandemic;

'l'he petition coming on for hearing, upon perusing the Petition and the affidavit liled in support thereol and order of the High Court dated 14.07.2020 made herein and upon liearing thc argunlellts of Sri N S Arj un Kumar Advocate lbr the Petitioner and Sri N. Rajeshn,ara l{ao. Assistant Solicitor General for the respondent No. I & 2 and Sri B.S. Prasad, Advocate Ccnerul for the respondent No. 3 to 6

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

Between: Srikishan Sharma, Sio. 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-7529-2'188-5552, MOBILE NO-9849350162 Email Address: srikishansharma 2ol4 gmail com ....Petitioner AND

l. The State of Telangana, rep. by its Principal Secretary, Medical and Health Departrnent, Secretariat, Saifabad, Hyderabad. 2. Commissioner Medical and Health Department 3'd Floor, DME Building, DM & HS Campus, Opp: Koti Women's College Road, Kutbiguda, Sultan Bazar, Koti, Hyderabad - s00095. 3. National Council for Clinical Establishment, Rep. by its Secretary, Dr. Anil Kr"rmar, Additional DDG Ministry of Health and Family Welfare Department of Health and Family Welfare Room No. 560-4', Nirman Bhawan New Delhi - 110108, India. 4. State Council olClinical 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. Kr.rtbiguda. Sultan Bazar, Koti, Hyderabad - 500095. 5. M/s. Medicover Hospitals, Hitec City Behind Cyber Torvers, in the lane ollBIS llotels.

I IUDA Techno Enclave, FIITEC City, Hyderabad - 500081 - 6. M/s.Yashoda Super Specialty Hospital. (A Unit of Yashoda Hospitals) 6 - 3 - 906/ll I & 82. Rajbhavan Road. Somajiguda. Hyderabad.- 500082. 7. Sunsliine Hospitals. (Unit ol SarvejanaHealth Care Pvt.Ltd ) Secunderabad. l-7-186- I 89.201 to 205, P.G.Road. Beside Paradise Hotel, Hyderabad. 8. M/s.Care Hospital, Road No.1, Banj ara Hills. Hyderabad - 500034. . ...Resp

Petition under Article 226 of the Constitution of India playing that in the circurnstauccs stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, OLclcl or directior.r more particularly one in the nature ol Writ of Mandamus by l)Declaring the action of the lstRespondent in not giving effect to the provisions ofThe 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 acti,on WWW.LIVELAW.IN

ogrinsl thc Privatc Cor'porate Hospital for violating the provisions of the various act tnentioned Irclein abole.;

TIre petitiol cpnting on lor hearing upon perusing the petitioll and affidavit flled thelcin and or.der oi thc I ligh Court dated 07.07.2020 & 14.07.2020 made herein and upot] hearing thc argllrcltts ol Sli I,iatep Narayan Sanghi Advocate for the l'etitioner. and Sri B.S Prasad, tlte leirlecl Adyocate lb1 the respondents 1 and 2 and Sri Natnavarapu Raieshwar Rao, Assisrant Soiicitor General lor t)re lespondent No.3.

Common O rde r: ln compliancc of the order, dated 20.07.2020, Mr. Somesh Kumar, the learned Chief Secretary, Go\.ernment of Telalgana, Mr. Syed A1i Murtaza Rizvi, the Principal Secretary, Medical, Hea-1th, and Family Welfare Department, Mr. Arvind Kumar, the Principal Secretary, Municipal Administration and Urban Development, Mr' Lokesh I(umar, the Commissioner of GHMC, Dr. Srinivasa Rao, Director of Public Health and Welfare Department, and Dr. Ramesh Reddy, the Director of Medical Education, are present before this Court. The Principal Secretar5i, Medical, Health and Family Welfare Department, has fi]ed the latest report, daled 28.07.2020 before this Court. The same sha.lt be taken on record. A bare perusal of the said Report cleariy reveals that aithough many of the directions given b1, this Court, from 08.06.2020 till 20.O7.2020, have been complied with, there are certain directions, both general and specific, which still need to be complied with by the respondents. Therefore, this Court has pointed out to the learned Chief Secretary that despite the fact that repeatedl)' this Court has directed that the h'rdian Council of Medical Research ('ICMR) guidelines, with regard to the testillg of seconclarly patients, or secondar5r contact persons should be carried out, despitc the fact that this Court has directed that the critical data should be published in the print and electronic media, these directions have yet to be implemented by the resporrden ts. A bare perusal of the Media Bulletin, dated 28.07.2020, rvhich is the first detailed Media Br-rlletin issued by the Government, and is in compliance of the directions issued by this Court, reveals few interesting facts which have a1so been brought to the notice of the learned Chief Secretary: firstly, according to the data, with regard to the age and gender of the Covid-l9 positive patients, it clearly reveals that those rvho are in the age group of 21-50, they are the most susceptible group in the population. For, according to the data submitted, 65a/o of the patients are falling in this particular age group. Meanwhile, only 25.60/o of the patients a.r'e in the age group of 51-81 and above, is susceptible to Coronavirus. This court has also pointed our to the learned Chief Secretary that despite the availability of this data, the advisory being rssued by thc Government continues to inform the public at large that it is the cl'rildrer.r belou'the agc of ten, and senior citizens abor.e the age of sixty who are thc vulnerable age group. The learned Chief Secretary submits that there is a distincrlon between "the vulnerable group" and those who are infected u.ith "the incident of Covid- 19'. Therefore, the advisory continues to speak about the vulnerable group, but does not spcark about the group tvhich has a high rate of incident. However, since it is the agc grollp of 21-50, rvl.rich admittedly has the high rate of "incident", this Court directs that in the advisorv, issued by the State, even this age group should be clearly advised WWW.LIVELAW.IN

that it is they who need to tal

each neighbourhoo(l for converting these Halls into Isolation centres / covid- 19 cale centres. once tl'rese suggestions have been made, this court requested the learned Chief Sccrctarv to itssess the viability of converting the Community/Function Ha1ls ald the Welfare Association Ha.lls into lsolation centres, and Covid- 19 Care Centres for the benefiL of the pu blic at large. The learned Chief Secretarv promises to do so. The learned Chief Secretary further gives a]1 undertaking before this Court that since there have becn number of complaints about admitting the Covid- 19 patients ill different hospita,ls, rhe prevalent admission process in the hospitals would be simplihed. N'loreover, since the availability of vacant beds would be publicized on a daily basis in the Mcdia Bulletin, the public would be requested to go to the hospitals u,ith the vacant beds available qua the category of beds the5' particularly 'would require, i.e, whether they would require beds with ventilators, or Oxygen beds, or regr-rlar beds. Therefore, the learned Chief Secretary gives an undertalang before this Court that the admission process in the hospitals would be simplifred for the benefit of rhe public at la-rge. He further gives an undertaking that the ESIC Hospital at Nacharam, which is presently catering only to the "mild patients", would be upgraded with the facility of Oxygen beds so that the said hospital can also cater to the "moderate patients". However, he informs this Court that the said hospital will not be in a position to take care of the "critical patients", as the hospital is not well equipped to do so. He further informs this Court that in consonance w:th the direcrions given by this Colrrt to tl-re Government to prescribe the maximum chargeable fees for medical tests, r,iz lbr MRI, CT Scan etc., the Government is also consulting the private hospitals. Hc assllres this Court that within two weeks, the necessarl,

orders / gu idelines for prescribrr-rg the maximum chargeabie iees for these tests \\'ould be issued. Morcover, he assures this Court that in the next report, even the actior-r talien bv the Government against the private hospitals u,ould be spelt out.

He does inform this Corlrt that sufficient number of telephor-re lines have beer-r allocated for the public to complain with regard to the over-charging, the lack of proper sen'ice, refusarl of beds, or with the safety concerns, within the prrvate hospita,ls. According to him, so far, the respondents have received 726 complaints u'ith regard to the functioning of the private hospitals. He assures this Court that these complaints rvill certainly be examined and the necessary action will be taken against the erring hospitals. Mr. Arjun Kumar, the learned counsel, submits that in W.P. (Civil) Diary No. 10918 of 2020, the Union of India has submitted a set of guidelines, with regard to the functioning of the private hospitds in treating the Covid,19 patients, before the Honble Supreme Court. He further submits that the said guidelines, issued by the Union of India, should also be considered by the respondents. Therefore, this Court directs the learned chief Secretary to consider these guidelines issued by the Union of India rvhile contemplating a scheme for supervising and controlling the functioning of the private hospitals $'rthin the State. Mr. Pratap Narayan Sanghi, the learned counsel, further submits that the Insurance Companies have also issued certain guidelines. Therefore, even these guidelines sl-rould be considered by the learned chief Secretary while coming up with a WWW.LIVELAW.IN

new policy/new scheme for taclding the dilliculties of the Covid- 19 patients, who are undergoing in private hospitals. Both Mr. Naresh Reddy, and Mr. Arjun Kumar, the learned counsel, claim that there is still fudging of numbers in the data being released by the State Govemment in its Media Bu1letin. Mr. Naresh Reddy claims that despite the large number of people being infected with Coronavirus in Nirmal District, for the last four days, the Media Bulletin claims that there is only a single case of Coronavirus in Nirma.l District. The learned counsel also points out that according to certain media reports, a number of deaths occurring in the State are larger than the numbers being reflected in the Media Bulletin issued by the Government. Therefore, this Court directs the learned Chicf Secretary to examine this aspect. In case, the learned Chief Secretary does discover that there is a discrepancy in the data that needs to be put in public domarn, he is directed to take the necessary steps within two weeks. Mr. P. Nagesh, the learned counsel, submits that the Government should be advised to consider the possibility of converting 50% of the beds in the hospitals, which are designated as Covid-lg hospitals, as Oxygen beds so that the lives of the people can be saved. He also submits that the bereaving families, who are losing their family member due to Covid- 19, are frnding it diilicult to cremate the dead body for lack of transportation facility. Thus, the Government may be directed to provide the Hearse vehicles available at Government cemeteries for the said purpose. The learned Chief Secretary undertakes to discuss the said aspects with the concerned authorities and would report the steps in his next report. Mr. Nagesh, the learned counsel, further submits that the data given in Report, dated 28.07.2020 r,vith rega-rd to the availability of the Oxygen cylinders is incorrect. According to the learned counsel, although the Gandhi General Hospital is said to have 1 ,000 Oxygen beds, but according to the today's Media Bulletin, merely Ninety- hve cylinders {(Type-A (5), Type-B 45, and Bulk (D) (45)l of the Oxygen cylinders are available in this particular category. On the other hand, the learned Chief Secretary submits that the threc categories of cylinders are used, either in the remote part of the building, or are usecl when a patient is brought in and is being carried to a particular ward. Moreover, a sufficient number of tanks are kept in order to refill the Oxygen cyiinders. Since the fact being mentioned by the learned Chief Secretary is unclear from the Report, dated 28.07.2020, he is directed to cladfy the issue with regard to the availability of Oxygen tanks in all the hospitals, designated as Covid- 19 hospitals, in the next Report to be submitted by him. Mr. Prabhakar Chikkudu, the learned counsel, has emphasised the fact that according to the ICMR guidelines, the Government should be using more and more Rapid Antigen Tests. The iearned Chief Secretary does inform this Court that the Government has already started using the Rapid Antigen Tests. Initially, it had availability of 2,00,000 kits, and presently, the Government has ordered for 4,00,000 kits. As soon as these kits are received, the same will be utilised for testing as large number of samples as possible, so as to increase the number of tests per million. However, this Court has a-1so brought it to the notice of the learned Chief Secretar-y that there are, indeed, media reports which claim that the Rapid Antigen Testing is not WWW.LIVELAW.IN

States' like a very effective test, as its accuracy is only 40% Therefore' a few tool Raiasthan, have already stopped the use of Rapid Antigen Testing as a diagnostic to discover the presence of coronavirus. The learned chief Secretar)' is directed to discuss the use of Rapid Antigen Testing Kits in the state with the High Power committee, alreadl, constituted by the Government, and \\ith the experts in the field to decide rvherher the srate should continue with the using of Rapid Antigen Tests, or should fall back ot-r the traditional test such as Reverse transcription polynrerase chai$ rc:rction lR'f FCI{). Thc iearned cl'rief Secretary gives an undertaking that henoeforth, all the Media Bullerins. issued bl lhe State, will continue to be as detzuied as the one rvhicl-r has been issue d b)' the Srate today i.e. on 28.07.2O2O. He is further dirccted to et]sure rhat the ir'ledia Builctin should also contain the data rvith regard to "testing per million" as the sajd clata is conspicuously missing from today's Media Bulletin. The Iearned Chief Secret:rry seeks two weeks time to not onl1' furnish the next report clearly revealing the fact that the undertakings given by him have been duly complied with, but also for bringing on record the information sought by this Court or-r the issues mentioned hereinabove. It is hoped that the directions issued by this Court would certainly be complied with r.vithin the period of two weeks. The learned Chief Secretary is directed to submit his next report on or before 11.O8.2O2O. The learned Chief Secretary and the other Secretaries are requested to be present before this Court on the next date. The Registry is directed to list al1 these cases on 13.08.2020.

sd/- Tr.MANJULA ASSTSTANT REGTSTRATT I t. //TltuE coP\'// lll2a sECTrp$OFFTCER 'l o, -fhc L Secrctarl'. \'linistly ol Health and Farnily Welfare. Union of India. Maulana Azad Road. \ilman llhavan, New Delhi - I I 001 1 . l. The Chiel Sccrctary, State ofTelangana, Telangana Secretariat, B. Il. K.R. Bhavan, Hl derabad. (By' Special Messenger) 3. Thc Principal Secretary to the Medical and Health Deparlment, State of Telangana, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad. (By Special Messenger) 'lhe -1. Principal Secretary to the Finance Department, State ofTelangana, Telangana Sccretariat. B.R.K.R. Bhavan, Hyderabad. 5. The Principal Secrctary to the Civil Supplies Department, State of Telangana, 'lelangana Secletariat, U. R. K.R. Bhavan, Hyderabad. 6. The Principal Secretary to the Labour Department, State ofTelangana, Telangana Secretariat, B. R. K.R. Bhavan, Hyderabad. 7. The Commissioner and Director, Medical and Health Department, Koti. Hy derabad, 'I'elangana. (81' Special Messenger) 8. Tlie Cornmissioner'. Civil Supplies Department, Civil Supplies Bhavan, H.i.No.6-3-

65 5 I 1 I A, 3'd FIoor'. Punj agutta Road, Somajiguda, Hyderabad, Telangana. 9. The Labour Commissioner, State of Telangana, T. Anjaiah Bhavan, RTC X Road. Hydelabad. 10. The Special Chief Secretary, Medical and health Department, State ofTelangana, B. R. K. Bhai an, Hy'clerabad. 1 1. The I'rincipal Secrctary, Home Department, State ofTelangana, Secretariat, Hyderabad ll. The Director General. Indian Council of Medical Research, flCMR) COVID-2019. Nerv Dclhi 13. Director ol'PLrblic Ilealth and Family Welfare, Goverrurlent of lelangana. I-lydcrabad. WWW.LIVELAW.IN

14. The District Medical and Health Officer (FAC), District Medical and llcalth Oftlce, Suryapet Collectorate, Suryapet. Suryapet dist., erstwhile Nalgonda District I 5. The Superintendent ol (COVID - 19), Gandhi Hospital, Sccundelabad, I6. 'fhe District Collcctor, Nirmal District 17. The Superintendent of Police , Nirmal District

1 8. I he District Health Oll'icer. Nirmal District 'felangana 1 9. The Comn.rissioner, Vaidya Vidhana Parishad. Koti. I lyderabad. 20. The Dircctor o1'Medical Education. Government of Telangana. flyderabad. 2l . The Chief Secretary. (GAD) Department. Secretariat, State of'[elangana. Saitabad. I Iyderabad. 22. l-he Under Secretary, Medical and Health Department (COVID-19) Central Secretariat. union of h.rdia. Sastry Bhavain. New Delhi. 23. lndian Council olMedical Research (ICMR), COVID-2019, New Delhi. 24. The Principal Secretary. Women and Child Welfare Department, State of Telangana at Hyderabad. 25. The Commissioner ofPolice, Hyderabad City, Basgeerbagh, Hyderbad. 26. The Principal Secretary, Revenue Department, State ofTelangana Secretariat, Hyderabad. 27. The Principal Secretary, Municipal Administration and Urban Development, Secretariat, Hyderabad. (By Special Messenger) 28. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Band Road, Hyderabad. (By Special Messenger) 29. The Director General of Police, State of Telangana, Lakdikapool, Hyderabad. 30. The Commissioner of Police, Cyberbad Commissioner, at Hyderabad. (Addressees I , 4 to 6 and I to 26,29 & 30 by RPAD) 3l . Medical Siperintendent Osmania General Hospital Hyderabad 32. Medical Superintendent District Hospital King Kothi, Hyderabad 33. Medical Superintendent, Government General and Chest Hospital Erragadda. Hyderabad 34. Medical Superintendent ESIC Medical College Hospital, Sanatnagar Hyderabad 35. Chief Medical Superintendent Central Railway Hospital, Lalaguda, Mettuguda Secunderabad 36. f he Chairman, Deccan College of Medical Sciences, PO Kanchanbagh, DMRL X Roads Santoshnagar Hyderabad 37. The Chairman, Shaadan Institute of Medical Sciences 'l eaching Hospital and Resealcli Centre, Himayatsagar Road. Hyderabad 38. The Chairman, Aayan Institute of Medical Sciences, Teaching Hospital and Research Centre Kanaka Mamidi, Moinabad Mandal Rangareddy District 39. Medical Superintendent, Kamineni Institute of Medical Sciences Sreepuram Narketpalll, Nalgonda District 40. Bhaskar Medical College and Bhaskar General Hospital, Rep by its Chairman Bhaskar' Nagar, Moinabad Mandal Rangareddy District, Hyderabad 41. Apollo Institute of Medical Sciences and Research, Rep by its Chairman, Junilee Flills, Hyderabad 42. Superintendent Military Hospital Golconda, Hyderabad 43. Superintendent Military Hospital Trimulghery, Secunderabad 44. President, Telangana Super Specialty Hospitals Association C/o KIMS Super Specialty Hospital Secunderabad (Addresse-31 to 44 by RPAD) 45. One CC to Sri Prabhakar Chikkudu Advocate [OPUC] 46. One CC to Dr. K.P. Rajender Kumar, Party in person (OPUC) 47. One CC to Smt Gorantla Sri Ranga Pujitha, Advocate (OPUC) 48. One CC to Sri Naresh Reddy Chinnolla, Advocate (OPUC) 49. One CC to Sri Kowturu Pavan Kumar, Advocate (OPUC) 50. One CC to Sri Qazi Salar Massod Aatif, Advocate (OPUC) 51. Two CCs to Sri Namavarapu Rajeshwar Rao, Assistant Solicitor General (OUT) 52. Trvo CCs to the Advocate General, High Court for the State of Telangana (OUT) (By Special Messenger) 53. One CC to Smt Vasudha Nagaraj Advocate [OPUC] 54. One CC to Sri P. Thirumala Rao, Party in person. (OPUC) 55. One CC to Sri N.S. Arjun Kumar. Advocate (OPUC) 56. One CC to Sri Pratap Naral'an Sanghi. Advocate (OI']UC) 57. One CC to Sri.P.Nagesh. Advocate (OPUC) 58. Trvo spare copies WWW.LIVELAW.IN

TIIGH COLRT

HC.I & uVIt,.1

D.-\TED: 28-07-]020

NOTE: POST ON 13-08-10?0

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t WP(PIL) NOS: 56. 59. 61. 78, 82, 91, 92. e6. 111,160,156,58.140,142 & 146 0F 2020 ftt lrt D

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