Delhi High Court Directs JNU To Set Up CoVID Care Centre Inside The University Campus

The Single Judge bench of Justice Prathiba M Singh while hearing a plea filed Students & Teachers Union seeking various directions including setting up of CoVID care facilities, CoVID response team & oxygen facilities in the university campus on Thursday directed the authorities of JNU to provide for immediate isolation of residents who tested Covid positive by setting up a `Covid Care Centre’ inside the University Campus. 

“It is clear that the total number of persons residing in the campus residing in the JNU campus are between 12000 – 15000, including students, staff members, faculty and their families. The number of people contracting COVID-19 inside the JNU campus is also quite high. However, there is no covid care facility at all. The medical centre which exists is also a small area with 1 Chief Medical Officer, 2 Medical officers and 2 staff nurses – some of whom are also not currently available. Thus, in case there is a sudden surge, the residents in the campus may face difficulties and there is a need to take further steps apart from what has already been taken by the Covid Task Force and the Covid Response Team.”, the Bench remarked.

The petitioners submitted that they contacted the SDM for setting up isolation & quarantine facilities by writing letters to the authorities. They also requested the faculty of Centre for Social Medicine and Community Health to draw plans for CoVID care, submitted a proper proposal in this respect & also emphasised on a plan devised by the School of Life Sciences, JNU for producing oxygen within the campus. However the authorities did not respond to them despite repeated requests. 

Mr Anirban Chakraborti - Registrar, JNU apprised the Bench of the constitution of a COVID Task Force by the University, consisting of nine members. He further submitted that several patients, who contracted COVID-19 and who required hospitalisation, were rendered assistance by the said Task Force which was set up. It was further submitted that there were about 100 volunteers who were attending to telephone calls and emails from asymptomatic/symptomatic patients 24x7, along with the COVID Task Force. The Registrar also submitted that the University held four testing camps in which 385 persons were found to be positive with COVID-19 which included students, staff members, faculty and the family members of the staff and faculty who reside in the campus & that two vaccination camps were also held in which over 690 persons in the age group of 45+ & frontline workers were vaccinated.

Ld Counsel Ms Monica Arora appearing on behalf of JNU submitted that the University had already taken 12 doctors on panel to provide tele consultation to various residents of the Campus. 

The Bench after taking note of the fact that COVID Task Force and the COVID Response Team was already working within JNU campus issued the following directions: 

1. In order to provide for immediate isolation of residents who are tested Covid positive, a
   `Covid Care Centre’ be set up inside the JNU. The premises for the same be identified by the COVID Task Force, in consultation with the concerned SDM. This would enable such affected persons to immediately isolate and for their basic parameters to be monitored. In the creation of the isolation facility, if the services of any of the faculty members who are part of the Petitioner association are required, their recommendations/assistance may also be availed of by the COVID Task Force.
2. To facilitate the monitoring of the basic parameters of those who are detected positive with COVID-19, if any paramedic/nursing staff are required, the SDM and JNU Task Force shall arrive at a consensus, as to how, the arrangement would be made for paramedic/nursing staff. The doctors on campus also could be empanelled for volunteering, if required, for any patient in the isolation centre;
3. Insofar as those patients who may need oxygenated beds are concerned, the JNU Task Force may coordinate with the SDM of the concerned area, as also with the Delhi Government, to identify as to with which of the above mentioned three facilities or any other facility JNU ought to tie up, so that there is an arrangement which is put in place for residents of the JNU campus, in case they require oxygenated beds or any ICU facility;
4. Insofar as the creation of a dedicated `COVID Health Centre’ with oxygenated beds in JNU is concerned, the feasibility, requirement and the necessity of the same may be discussed and deliberated upon by the COVID Task Force with the SDM of the concerned area and Delhi Govt. If any tie up needs to be created with any hospital in the vicinity, the same shall also be identified and the terms and conditions thereof would also be mentioned in the status report.

The Bench while directing for filing a compliance report with regards to the directions issued has observed that, “It is expected that the students and the faculty association, as also the administration of JNU, would work together for the betterment of the residents and students of the JNU campus and shall not take any adversarial measures against each other.”

The matter is now listed for further hearing on May 28, 2021. 

Case Title: JNU Teachers Association through Moushumi Basu & Ors v JNU through Vice Chancellor & Ors| WP(C) 5263/2021