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The Uttarakhand High Court on Wednesday banned the Chardham Yatra till 18^th August, reprimanding the State government for not following COVID-19 SOPs at tourist spots. The Court also has sought report from the state government on preparedness to tackle the possible COVID-19 third wave.

It must be noted that the Uttarakhand government on June 28 had moved Supreme Court challenging the High Court order staying Char Dham Yatra, reversing the state’s decision to open it partially for residents of three districts Chamoli, Uttarkashi, and Rudraprayag from July 1.

The Divison Bench of Chief Justice RS Chauhan and Justice Alok Verma while hearing a batch of pleas related to COVID19 management issued directions to the State government and extended the stay order dated 28.06.2021 till the Hon’ble Supreme Court pronounces its judgment in the SLP.

Previously, the Uttarakhand High Court had extended the stay on the Char Dham Yatra till July 28. The HC had put the government’s decision on hold in view of the COVID-19 pandemic and poor health preparedness.

On influx of tourists

According to the media report, as large number of tourists pouring into Nainital, that made it obvious that too many tourists were coming to the hill stations. Due to the large influx of tourists, the SOP for Covid Appropriate Behaviour was observed more in breach, than in adherence. Yet, the Bench noted that entire affidavit was silent with regard to the steps which were required to be taken by the police against the erring tourists.

Subsequently, the Bench noted that, “no one can be permitted to violate the Covid Appropriate Behaviour to jeopardize the lives of the local population.”

On Operationalisation of COVID Care Services for Children and Adolescents

The Bench was informed by the State Health Secretary that, “the State Government has ensure that there are 1,945 paediatric oxygen beds, and 739 NICU/PICU beds earmarked for children in the State. Thus, according to him, the State is well-equipped to tackle any challenge that may come in its way in the wake of the third wave of COVID-19 pandemic.”

He further informed the Court that, “presently, the number of COVID-19 cases in the State is on the decline. Moreover, the difficulty that arose in the past due to the spread of black fungus is also on the decline.”

On vacancies in the cadre of Medical Officers

The bench was informed that, “the selection process has already commenced. So far, 451 Medical Officers have been selected, out of which 250 Medical Officers have already joined their duties. The rest of them have yet to join their duties.”

One petitioner-in person prayed to the Bench that a direction should be issued to the State Government to examine the availability and preparedness of the Ambulances attached with the District Hospitals, and in case any lacunae is discovered, the same should be filled up by the State Government as expeditiously as possible.

The Bench issued the following directions to the State government after the submissions made by the counsels in the different pleas -

1. Mr. Amit Negi, the learned Secretary, Medical Health and Family Welfare, is directed to inform this Court with regard to :
   • the availability of paediatric ventilators and paediatric wards available in the Government Hospitals;
   • with regard to the steps taken, if any, for filling up the vacancies of Staff Nurses, Lab Technicians, Female Health Workers (ANMs), and the present status of the selection process, if 19 already initiated;  
   • with regard to either the presence, or the discovery of the Delta Plus variant in the State; and
   • with regard to the 300 samples, which were sent to the NCDC lab at Noida, and whether any case of Delta Plus variant has been discovered in those 300 samples, or not?

 

2. The State is directed to take a decision with regard to the increase in the stipend of the intern Doctors as expeditiously as possible, and preferably before the next date of this case. Moreover, the State is directed to ensure that the stipend is paid to the intern Doctors on time, rather than with delay.

 

3. The State is further directed to enforce the Uttarakhand Anti-Littering and AntiSpitting Act, 2016, and to issue the necessary directions for the implementation of the same for the benefit of the competent authorities under the Act. 20

 

4. The State is directed to initiate a campaign for removing any superstition, suspicion, or misinformation that people may have with regard to vaccination for COVID19. Simultaneously, the State is directed to increase the number of vaccinations being carried out throughout the State.

 

5. The State is directed to instruct all the District Magistrates to discover the number of physically challenged persons within their jurisdiction, who may be unable to come to the “Near to Home Vaccination Centres”. As and when such persons are discovered by the District Magistrates, it shall be the duty of the concerned District Magistrate to ensure that those physically challenged persons, who cannot possibly leave their homes, are inoculated by the medical staff at their homes. The steps so taken by the District Magistrates shall be informed to this Court by the next date. Moreover, the District Magistrates are directed to ensure that in 21 case any camps were to be held for the benefit of the physically challenged persons, the date, the time, and the place is informed well in advance to the community at large by the use of print and electronic media. The necessary arrangements at the camps should be made to ensure that comfortable accommodation is provided to the physically challenged persons, and their other needs such as food, water and availability of toilets are met by the Civil Administration, or by the Medical Health Department.

 

6. The State is also directed to reconsider its decision of withdrawing the 25% reservation of beds in the private Hospitals for the weaker sections of the society. Therefore, the State should reconsider whether it should withdraw the order dated 25.07.2021, or not?

 

7. Mr. Amit Negi, the learned Secretary, Medical Health and Family Welfare, and the State are directed to consider the Audit 22 Report vis-à-vis the condition, the capacity, and the lack of infrastructure of the Ambulances, which are attached with the District Hospitals. Mr. Amit Negi should also inform this Court with regard to the steps taken for filling up the lacunae pointed out in the Audit Report by the next date.

 

The matter will be taken up next on 18^th August, 2021.