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Applauding state government's performance on inoculation of a sizeable population of the state, the Madhya Pradesh High Court has asked the state government to step up efforts to administer the second dose of Covid-19 vaccination to all the 18+ population in a speedy manner, so as to achieve the target of 100% vaccination by end of December this year. 

A division bench comprising Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla stated,

“We hope and trust that the State Government shall live up to its assurance of covering the entire 18 + population by immunization with the first and second dose by the end of the year, 2021.”

Earlier, on Aug 10, taking note of the state’s actions, the High Court had passed a detailed order on various issues, including inter alia, setting up of Oxygen Generation Plants (OGPs), installation of CT scan machines in all districts, positioning of ventilators in all the districts, status of ICU/ HDU (High Dependency Unit) beds and status of vaccination.

In pursuance of the same, the state government filed its 12th Interim Action Taken Report before the court on Sep 22, taking note of which the court appreciated the work undertaken so far by the government. The court also appreciated the all-out efforts of state government officials and applauded their performance with regard to inoculation of a sizeable population of the state.

The court noted that regarding the setting up of OGPs, the state in the 12th Interim Report had submitted that out of 190 plants, which were to be installed, 108 plants had already been made functional, 36 plants had been delivered from the concerned agency and were in the process of installation and for installation of remaining plants, the preparatory work at the level of CMHOs is in progress.

On the issue of installation of CT Scan machines in all the Districts, the court took note of government’s assurance that machines are likely to be installed in all the districts by Sep 30 and/ or Oct 4. 

The court further noted that earlier on Aug 10, it was placed on record by the 11th Action Taken Report that out of 52 districts in the state, 51 districts are already having ventilators. In furtherance of the same, Advocate General (AG) appearing on behalf of state submitted before the court that as of now there is sufficient availability of ventilators in all the districts of the state and even otherwise demand/ pressure for the requirement of ventilators has come done substantially.

The AG also submitted that there is sufficient availability of oxygen/ ICU/ HDU/ PICU beds in hospitals and/or medical colleges, and moreover, pressure/ demand in the hospitals for such beds has substantially come down following improvement of the Covid-19 situation in the State.

Importantly, on the issue of vaccination, AG invited attention of court towards the chart given in the 12th Interim Action Taken Report showing that the coverage of first dose of vaccination in respect of 18 plus population in most of the districts of the state is more than 80%.

However, court noted that the chart indicated that the percentage of second dose of vaccination to the 18 plus population in most of the districts is less than 20%, although in some of them it is more than 20%.

Therefore, court said that it requires the state government to step up efforts to provide the second dose of vaccination to all the 18+ population once the vaccination becomes due on completion of the requisite period after the first dose, in a speedy manner.

Furthermore, regarding review of the capping charges, AG also submitted that state authorities had convened a meeting with all the stakeholders including representatives of MP State Nursing Home Association, private hospitals and various departments of the state government. He added that they are going to soon come out with a policy decision on this aspect to rationalize the capping charges for treatment of Covid-19 patients so as to be prepared to face the third wave of Covid-19, if it ever comes.

Lastly, the court noted that as regards refund of the charges for vaccination provided to private hospitals under the old policy of the Central Government, such amount has already been refunded to the various hospitals in lieu of the return of the vaccines' details.

The court has listed the matter next on October 21 to look into further progress.

Case Title: In reference (Suo Motu) Vs. Union of India and others