Have stand-by ventilators for repaired ones in use: Bombay HC to GMCH, Aurangabad – Hindustan Times

The Bombay high court (HC) has directed the Government Medical College and Hospital (GMCH), Aurangabad to have stand-by ventilators for the 18 repaired ventilators that are being used by the hospital to ensure there is no threat to the lives of the patients.

The directions were issued after the Central government informed the bench that technicians from the company and expert doctors from Delhi had carried out repairs on the defective ventilators at GMCH, Aurangabad and other hospitals and the ventilators were made functional.

The court has also directed GMCH, Aurangabad to test the 37 unboxed ventilators to ensure they are functioning properly before being used for treating Covid patients, and posted hearing on June 10 and sought a report on the functioning of the repaired ventilators.

A division bench of justice Ravindra Ghuge and justice Balchandra Debadwar, while hearing the suo motu criminal public interest litigation (PIL) dealing with various issues pertaining to Covid-19 and mucormycosis, was informed by additional solicitor general Anil Singh for the Union of India (UoI) that as per the assurance given to the bench, technicians from the company and two doctors from Delhi had visited GMCH, Aurangabad and rectified the problems in 18 of the 19 ventilators there on Thursday, June 3.

Singh further submitted an affidavit filed by GK Pillai, under-secretary, ministry of health and family welfare (MoHFW), along with certain reports which gave the status of the repaired ventilators at various hospitals in Marathwada region. He added that around 5,500 ventilators had been supplied to Maharashtra.

Singh on specific instructions from Rajiv Wadhawan, director of MoHFW, also stated that the UoI is making a statement that none of the ventilators supplied by Jyoti CNC to Maharashtra are financed by PM Cares fund.

Chief public prosecutor DR Kale, on behalf of dean GMCH, submitted that due to space constraints and manpower shortage the 37 unboxed ventilators should be taken back by the company, tested and sent back after they were fully functional. However, Singh requested the ventilators to be unboxed at GMCH, Aurangabad and if they were found defective then it would be taken to the company.

After hearing the submissions, the court noted in its order, “Since we are of the view that there should not be any scope for any suspicion and circumspection, it would be appropriate for the divisional commissioner Aurangabad to collect specific reports from various district collectors, wherever ventilators from this lot of 150 have been allocated, with regard to the functionality of such ventilators.”

With regards to the unboxed ventilators and the objection of the dean of GMCH, Aurangabad to unbox and test the 37 unboxed ventilators the asked the dean GMCH to unbox and test the ventilators phase wise and if they were found defective could be sent back to the company. The bench said, “The ASG is agreeable to such suggestion on instructions and the faulty ventilators will be carried back to RnD of Jyoti CNC. If there is a minor defect which can be quickly addressed at Aurangabad itself without disturbing the daily routine of GMCH, a team deployed by Jyoti CNC would carry out such reports at the spot. We are therefore scheduling next hearing on this issue of ventilators on June 21.”

The court then directed GMCH, Aurangabad to have stand-by ventilators for the repaired ventilators being used for the safety of patients and said that it would hear the PIL on the issue of mucormycosis on June 10.

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HC hearing only “extremely urgent” matters

Even as the state has relaxed lockdown norms, the Bombay HC has commenced regular court after vacations on a cautious note. In a notice for the period of June 7-11, the court has continued its stand prior to the vacation of hearing only extremely urgent matters through video-conferencing only. A similar approach has been applied to the benches at Nagpur and Aurangabad as well. As a result, only a few benches are sitting on stipulated dates at the principal seat taking up only urgent matters. According to sources, a decision of having regular hearing of all cases will be taken by the full bench of four judges that will be reviewing the Covid situation on June 11. The decision of the full bench would also decide on the functioning of lower courts as well. Justice Revati Mohite Dere on Monday, while hearing a bail application, indicated that physical hearing could commence from Monday, June 14.