IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ... · PDF fileIN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ***** Index In Civil Misc.Writ Petition (Public Interest Litigation) No

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

**************

Index

In

Civil Misc.Writ Petition (Public Interest Litigation) No. ______ of 2017

(Under Article 226 of the Constitution of India)

DISTRICT : GORAKHPUR

Youth Bar Association of India (Regd.) & others ......Petitioners

Versus

State Of U.P. & others .....Respondents

Sl.

No. Particulars of Papers

Date Annexure

No.

Page No.

1. Date & Events

2. Writ Petition Under

Article 226 of the

Constitution of India.

3. A photo copy of the

registration certificate

1.

4.

A copy of the

memorandum dated

15.08.2017

15.08.2017 2.

5. Acopy of the order dated

07.09.2016 in the Writ

Petition (Crl.) No. 68 of

07.09.2016 3.

Bar & Bench (www.barandbench.com)

Date : _____ August, 2017

[SAKSHAM SRIVASTAVA] [ANOOP TRIVEDI]

Advocate Advocate

Advocate Roll No. A/S 0645/2016 Advocate Roll no.A/A 0938/2012

IN-PERSON Counsels for the Petitioners.

Chamber no. 56 Chamber no. 71

Mob No. 9453026070 MobNo.9415007007

2016 passed by the

Hon’ble Apex Court

6. A copy of few paper

cuttings portraying the

picture of the incident

12.08.2017

To

15.08.2017

4.

7. Affidavit

8. Vakalatnama



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Dates & Events

In

Civil Misc.Writ Petition (Public Interest Litigation) No. ______ of 2017




Versus


Sr.

Nos.

Dates Events

1.

the respondent no. 5 is the medical college which

was established in the year 1969 and presently it

is affiliated to the Gorakhpur University.

2. it has been reported that more than 65 children

have died in the respondent Medical College due

to scarcity of oxygen where it was very much

required.

3. 1. the reason, at the very outset, for such

catastrophe was reported to be non-payment of

the dues of around Rs. 69,00,000/- (Rupees sixty

nine lacs) by the State Government to the

Respondent no. 8 who is the contractor who


made a contract to supply the oxygen to the

respondent Medical College.

4. 2. due to such non-payment, the Respondent no. 8

stopped the supply of oxygen to the respondent

Medical College which eventually led to this

unfortunate incident.

5.

1. on the contrary the other respondents are

completely denying the fact that the incident

happened due to the scarcity of oxygen and

categorized all such news as a hoax.

6. 2. the Respondent no. 6 the then principal of Baba

Raghav Das Medical College Dr Rajeev Mishra

resigned from his post late on Saturday night,

taking moral responsibility for the death of 30

children within a span of 48 hours in the Hospital.

7. 3. from the aforesaid series of incidents it is quite

evident that nobody is ready to take the

responsibility of the catastrophe but passing the

baton from one person to another.

8. 4. therefore it is necessary for an intense inquiry to

take place in this matter just to identify whether

this incident is sheer an accident or negligence or

it is an offspring of corruption prevailing in the

society.

9. 5. however magisterial inquiry for set up on 12th of

August, 2017 report of which was expected to

come in 24hrs but no such report is brought on

the picture.

10. 6. even the Hon’ble Chief minister of Uttar Pradesh

is affirming the inquiry in this matter, but any

prudent man would state that without the


intervention of this Hon’ble Court the only justice

will be served is ‘unreasonable delay’.

11. 7. the justice will be served only when a proper

inquiry is set up this Hon’ble High Court by

directing the Respondent no. 9 to conduct a

proper inquiry.

12. 8. only after intervention of the C.B.I. the real

culprits can be identified and prosecuted in

accordance with law.

13. 9. the entire incident has been in the news and it has

been covered by the media and newspaper.

14. 10. the aforesaid incident which was more of a

massacre infringed the Fundamental Right, of the

Parents of the infants and the infants themselves

who died, provided under Article 14 and Article

21 of the Constitution of India.

15. 11. Hence this Petiton



Advocate Advocate




Mob No. 9453026070 MobNo.9415007007



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Civil Misc.Writ Petition (Public Interest Litigation) No. _____ of 2017



1. Youth Bar Association of India (Regd.)

Through its National President

Sanpreet Singh Ajmani

S/0 S. Bhupendra Singh

Office Address: B3, LGF, Jangpura Extension

New Delhi-110014

2. Saksham Srivastava

S/o. Sri Akhilesh Srivastava,

R/o. 71D/1, Kamla Nagar, Stanley Road

Allahabad

3. Shikhar Awasthi

S/o. Sri R. K. Awasthi,

R/o. 236, B, Bengali Colony, Lal Banglow

Kanpur

… Petitioners

Versus

1. State of Uttar Pradesh

Through Principal Secretary Health & Family Welfare

Lucknow, Uttar Pradesh

2. The Director General

Directorate of Medical & Health Services

Government of Uttar Pradesh


3. District Magistrate

Gorakhpur, Uttar pradesh

4. Chief Medical Officer

Gorakhpur

5. Baba Raghav Das Medical College

Through its Principal

Gorakhpur, Uttarpradesh

6. Sri Rajiv Mishra

The then Principal

Baba Raghav Das Medical College

Gorakhpur

7. Union Of India

Through Principal Secretary Health & Family Welfare

8. Pushpa Sales Company Pvt. Ltd.

Health Care Division

Office Address: 551 JHA/148

Ram Nagar, Alambagh

Lucknow-226005

9. Central Bureau of Investigation (C.B.I.)

Lucknow, Uttar Pradesh

… Respondents

To,

The Hon’ble Chief Judge and other companion Judges of this Hon’ble

High Court.

The humble petition on behalf of the above named petitioners

most respectfully showeth as under :-

1. That this is the first Writ-Petition being filed by the petitioners and no other

Writ-Petition has been filed by them in this Hon’ble Court or any other

court arising out of same or similar cause of action.


2. That the petitioners have not received any caveat notice in the instant writ

petition/Public Interest Litigation by any of the respondents.

3. That the petitioner no. 1 is the association registered in the name of ‘Youth

Bar Association of India’. The said Association is registered under the

Society Registration Act, 1860 and having its members throughout the

Country. For the kind perusal of this Hon’ble court a photo copy of the

registration certificate is annexed herewith and marked as Annexure No. 1

to this petition.

4. That the Petitioners No.2 is duly been authorized to file the affidavit in the

instant Public Interest Litigation by the petitioner no. 1 through the

memorandum dated 15.08.2017. For the kind perusal of this Hon’ble court

a copy of the memorandum dated 15.08.2017 is annexed herewith and

marked as Annexure No. 2 to this petition.

5. The petitioner no.2 is the Secretary (Uttar Pradesh Wing) and the

Petitioner No. 3 is the President (Uttar Pradesh Wing) of the ‘Youth Bar

Association of India (Regd.) respectively and are simultaneously practicing

as lawyers at High Court of Allahabad.

6. That the aims and objects of the aforesaid Association is to organize law

debates, law seminars from time to time, to promote legal awareness

among the general public, to provide free legal aid to the poor litigants and

also to fight for the legal cause.

7. That the petitioner no 1 and petitioner no 3 had filed a Public Interest

Litigation earlier in which this Hon’ble Court was pleased to allow it and

further commanded the State to upload each and every ‘First Information

Report’ lodged in all the Police Stations within the territory of State of

Uttar Pradesh in the official website of the Uttar Pradesh Police i.e.


“www.uppolice.gov.in” as early as possible preferably within 24 hours

from the time of lodging and further similar command was later on

extended by the Hon’ble Apex Court for all the States vide an order dated

07.09.2016 in the Writ Petition (Crl.) No. 68 of 2016. For the kind perusal

of this Hon’ble Court a copy of the order dated 07.09.2016 in the Writ

Petition (Crl.) No. 68 of 2016 passed by the Hon’ble Apex Court is

annexed herewith and marked as Annexure No. 3 to this petition.

8. That various wings of Petitioner no. 1 have filed various Public Interest

Litigation on the burning issues in the need of the hour throughout the

country thereby providing relief to the aggrieved persons.

9. That it is hereby declared that the petitioners are having no personal

interest and gain sought by this petition but on the contrary they are trying

to serve the society at large.

10. That by means of this Public Interest Litigation, the petitioners are seeking

appropriate writ order or direction, commanding the Respondents to

properly inquire in the tragedy happened in the Baba Raghav Das Medical

College Gorakhpur (Respondent no.5) where more than 65 children have

died due to scarcity of oxygen.

11. That the respondent no. 5 is the medical college which was established in

the year 1969 and presently it is affiliated to the Gorakhpur University.

12. That it has been reported that more than 65 children have died in the

respondent Medical College due to scarcity of oxygen where it was very

much required.

13. That the reason, at the very outset, for such catastrophe was reported to be

non-payment of the dues of around Rs. 69,00,000/- (Rupees sixty nine lacs)


by the State Government to the Respondent no. 8 who is the contractor who

made a contract to supply the oxygen to the respondent Medical College.

14. That it is stated that due to such non-payment, the Respondent no. 8

stopped the supply of oxygen to the respondent Medical College which

eventually led to this unfortunate incident.

15. That such act of the contractor was also in the violation of the provisions of

the Essential Services Maintenance Act,1981 where any supply to the

hospital has been brought under the definition of “essential services” under

section 2(1)(a)(x) of the Act.

16. That, however, on the contrary the other respondents are completely

denying the fact that the incident happened due to the scarcity of oxygen

and categorized all such news as a hoax.

17. That it is pertinent to mention here that the Respondent no. 6 the then

principal of Baba Raghav Das Medical College Dr Rajeev Mishra resigned

from his post late on Saturday night, taking moral responsibility for the

death of 30 children within a span of 48 hours in the Hospital.

18. That it has been reported that the Hon’ble Chief Minister of Uttar Pradesh

has blamed the then Principal i.e Respondent no. 6 for not making timely

payment to the gas supplier even after the government had released funds

for the same on August 5, 2017.

19. That from the aforesaid series of incidents it is quite evident that nobody is

ready to take the responsibility of the catastrophe but passing the baton

from one person to another.


20. That at this stage it cannot be said that who is at fault but veraciously the

family and parents of those infants are suffering enormously who on the

other end are demanding justice.

21. That therefore it is necessary for an intense inquiry to take place in this

matter just to identify whether this incident is sheer an accident or

negligence or it is an offspring of corruption prevailing in the society.

22. That however magisterial inquiry for set up on 12th of August, 2017 report

of which was expected to come in 24hrs but no such report is brought on

the picture.

23. That even the Hon’ble Chief minister of Uttar Pradesh is affirming the

inquiry in this matter, but any prudent man would state that without the

intervention of this Hon’ble Court the only justice will be served is

‘unreasonable delay’.

24. That it is a known fact the justice will be served only when a proper inquiry

is set up this Hon’ble High Court by directing the Respondent no. 9 to

conduct a proper inquiry.

25. That only after intervention of the C.B.I. the real culprits can be identified

and prosecuted in accordance with law.

26. That the entire incident has been in the news and it has been covered by the

media and newspaper. For the kind perusal of this Hon’ble Court a copy of

few paper cuttings portraying the picture of the incident is annexed

herewith and marked as Annexure No. 4 to this petition.


27. That the aforesaid incident which was more of a massacre infringed the

Fundamental Right, of the Parents of the infants and the infants themselves

who died, provided under Article 14 and Article 21 of the Constitution of

India.

28. That apart from the culprits to be prosecuted, there is immense need to

improvise the system of providing necessary medical equipment and

supply in the hospitals which are aided by the State Government or by the

Central Government.

29. That various States of India such as Rajasthan and Tamil Nadu have

created a model of supply of medical services and equipments in the like

hospitals to meet out the basic need and overcome the scarcity of necessary

supplies such as Oxygen and Blood and various life saving Medicines.

30. That the Rajasthan state Government has created RMSC (Rajasthan

Medical Services Corporation Limited) to procure equipment and

medicines for Department of Medical Health and Family Welfare, Medical

Education, Ayurveda, ESI and Medical Relief Society etc.

31. That similarly State of Tamil Nadu has created TNMSC (Tamil Nadu

Medical Service Corporation) for performing the identical duties as of

RMSC.

32. That above model helps the Government to monitor and check the scarcity

and abundance of stocks available in various hospitals and thereby

balancing the amount of supply of equipments and services which

eventually minimizes the risk of shortage and scarcity of any such

necessary things.


33. That by having such models the state government shall be able to check on

several unwanted issues prevailing in the health care sector. Some of which

are as follows:

• Lower access to institutional deliveries

• Lower coverage of immunization

• “Higher infant mortality”

• Higher prevalence of child nutrition

• Higher prevalence of infectious diseases.

34. That the above narrated incident is surely an example where a lacuna of

such model was prevailing, therefore, it is the need of hour that the State

Government should analyze the intensity of need of such model and further

it should also have a model in the State which should provide guidelines

for proper monitoring of essential medical supplies and services.

35. That the above suggestions are derived from the model of the State of

Rajasthan and Tamil Nadu which should be considered by the State

Government of Uttar Pradesh to avoid any such unfortunate incident which

happened in the respondent Medical College, Gorakhpur.

36. That, the petitioners have no other alternative efficacious remedy but to

take shelter of this Hon’ble Court to invoke it’s extraordinary jurisdiction

under Article 226 of Constitution of India, on the following amongst other

grounds. Because

GROUNDS

(i) Because it has been reported that more than 65 children have died in the

respondent medical college due to scarcity of oxygen where it was very

much required.


(ii) Because the reason, at the very outset, for such catastrophe was reported to

be nonpayment of the dues of around Rs. 69,00,000/- (sixty nine lakhs) by

the State Government to the contractor who made a contract to supply the

oxygen to the respondent medical college.

(iii) Because due to such non-payment, the contractor stopped the supply of

oxygen to the respondent medical college which eventually led to this

unfortunate incident.

(iv) Because such act of the contractor was also in the violation of the

provisions of the Essential Services Maintenance Act,1981 where any

supply to the hospital has been brought under the definition of “essential

services” under section 2(1)(a)(x) of the Act.

(v) Because the respondents are completely denying the fact that the incident

happened due to the scarcity of oxygen and categorized all such news as a

hoax.

(vi) Because the principal of Baba Raghav Das Medical College Dr Rajeev

Mishra resigned from his post late on Saturday night, taking moral

reponsibility for the death of 30 children within a span of 48 hours in the

hospital.

(vii) Because it has been reported that the Hon’ble Chief Minister of Uttar

Pradesh has blamed Principal Dr Rajeev Mishra for not making timely

payment to the gas supplier even after the government had released funds

for the same on August 5, 2017.

(viii) Because it is quite evident that nobody is ready to take the responsibility of

the catastrophe but passing the baton from one person to another.


(ix) Because at this stage it cannot be said that who is at fault but veraciously

the family and parents of those infants are suffering enormously who on the

other end are demanding justice.

(x) Because it is necessary for an intense inquiry to take place in this matter

just to identify whether this incident is sheer an accident or negligence or it

is an offspring of corruption prevailing in the society.

(xi) Because however magisterial inquiry for set up on 12th of August, 2017

report of which was expected to come in 24hrs but no such report is

brought on the picture.

(xii) Because even the Hon’ble Chief minister of Uttar Pradesh is affirming the

inquiry in this matter, but any prudent man would state that without the

intervention of this Hon’ble court the only justice will be served is

‘unreasonable delay’.

(xiii) Because it is a known fact the justice will serve only when a proper inquiry

is set up this Hon’ble High Court by directing the Respondent no. 3 to

conduct a proper inquiry.

(xiv) Because only after intervention of the C.B.I. the real culprits can be

identified and prosecuted in accordance with law.

(xv) Because the entire incident has been in the news and it has been covered by

the media and newspaper.

(xvi) Because aforesaid incident which was more of a massacre infringed the

Fundamental Right, of the Parents of the infants and the infants themselves

who died, provided under Article 14 and Article 21 of the Constitution of

India.


(xvii) Because the petitioners have no other alternative efficacious remedy but to

take shelter of this Hon’ble Court to invoke it’s extraordinary jurisdiction

under Article 226 of Constitution of India, on the following amongst other

grounds.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble

Court may graciously be pleased to:-

a) To issue an appropriate writ, order or direction, commanding the

Respondents no. 9 to properly and thoroughly investigate, within a time

bound period which this Hon’ble Court may deem fit, the incident in which

more than 65 children died due to scarcity of oxygen in order to identify

the culprits responsible for the same. Further such inquiry/investigation may

very kindly be monitored by this Hon'ble Court to ensure fair and proper

investigation, in the interest of justice.

b) To issue appropriate writ, order or direction commanding the respondent

no 1 to 7 to give a detailed report of the enquiry held at their level and

further this Hon’ble court may summon the reports of the magisterial and

judicial enquiry held at the inception of this unfortunate incident.

c) To issue appropriate writ, order or direction commanding the respondents

concerned to have a model providing the guidelines to be followed in the

public health sector so as to avoid scarcity of any life saving medical

services and equipments and regulate the supply of such necessary medical

and health services.


d) To issue appropriate writ, order or direction commanding the respondents

concerned to provide for regular and periodic monitoring of such hospitals

by a committee.

e) To issue appropriate writ, Order or direction which this Hon’ble Court may

deem fit and proper in the facts and circumstances of the case.

f) To award the cost of this petition to the petitioners.



Advocate Advocate




Mob No. 9453026070 MobNo.9415007007



**************

Affidavit

In





Versus


Affidavit of Saksham Srivastava

Aged about 26 years,

S/o Sri Akhilesh Srivastava

R/o 71D/1, Kamla Nagar, Stanley Road

Post Kamla Nagar, District Allahabad

Religion Hindu

Occupation Advocate

(DEPONENT)

I, the deponent abovenamed do hereby solemnly affirm and state

on oath as under:-

1. That the deponent is the petitioner no.2 himself. He is Hindu by

religion and he is filing the copy of the Adhar Card alongwith this

affidavit and as such he is fully acquainted with the facts of the case

deposed to below.


That the contents of para no.1 of this affidavit and those contents

of para nos.

of the accompanying writ petition are true to my personal

knowledge, contents of para nos.

of the accompanying writ petition are based on perusal of records,

contents of para nos.

of the accompanying writ petition are based on information and those

contents of para nos.

of the accompanying writ petition are based on legal advice which

all I believe to be true that no part of it is false and nothing material

has been concealed in it.

SO HELP ME GOD.

(DEPONENT)

I, Raghuraj Puri, Clerk of Sri. Anoop Trivedi advocate High

Court, Allahabad do hereby declare that the person making this affidavit

and alleging himself to be the deponent is known to me from the perusal

of papers produced by him before the abovenoted counsel in this case

and he is the same person.

( Clerk )

Solemnly affirmed before me on this day of 2017

at about a.m/p.m by the deponent who is identified by the

aforesaid clerk.

I have satisfied myself by examining the deponent that she has

understood the contents of this affidavit along with the

accompanying writ petition which have been readover and explained

to him.

Dt. (OATH COMMISSIONER )



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Annexure No. ( )

In





Versus



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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ... · PDF fileIN THE HIGH COURT OF JUDICATURE AT ALLAHABAD ***** Index In Civil Misc.Writ Petition (Public Interest Litigation) No