'Covid-19 Can't Be Managed By Same Department Created To Oversee Healthcare System In Normal Situations': Patna High Court Mulls Constituting Expert Committee

A Division Bench comprising of Justices CS Singh and Mohit Kumar Shah opined that it may be appropriate to constitute a Committee of Experts, to advise and guide the health authorities in the State.

It observed,

"Extraordinary situations require extraordinary solutions and action. The present spike of COVID cases, in the Court's opinion, cannot be managed and led by the same establishment i.e the Department of Health, Government of Bihar, created to look after healthcare system in the normal situation, without the aid of a team of experts."

It stated that considering the dismal healthcare infrastructure which the State has and since it is facing an unexpected situation of exponential rise of COVID cases, which is worsening every day,

"there is dire need of constitution of a committee of experts from different fields to perform advisory role to the Government and discharge other functions as may be assigned to it, to deal exclusively with the challenge arising out of the outbreak of Covid-19 pandemic."

The Court will consider passing appropriate orders in this regard and will also consider any proposal coming from the State Government in respect of constitution of such committee.

The development comes in a batch of PILs concerning issues related to the Covid-19 pandemic.

Oxygen Supply

In its order, the Court has also taken note of shortage of Oxygen supply in Bihar and the consequent steps taken by the State to ameliorate the situation.

It has directed the Respondents to (i) assess total requirement of oxygen in the State of Bihar in the prevalent situation as also the future requirement, considering unhindered rise in the rate of COVID cases in the State; (ii) improve supply of medical oxygen in the State of Bihar for treatment of patients; (iii) ensure that effective and visible steps are taken for procuring total quota of oxygen for the State as allocated by the Central Government; and (iv) ensure that cryogenic tanks, as per requirement, are installed for Oxygen supply.

Case Title: Shivani Kaushik v. Union of India & Ors.

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