I

HIGH COURT FOR THE STATE OF TtrLANGANA

AT HYDERABAD
(Special Original Jurisdiction)

WEDNESDAY, THE FIRST DAY OF APRIL

TWO THOUSAND AND TWENTY
PRNSENT

THE HONOURABLE SRI JUSTICE M. S. RAMACHANDRA RAO

AND
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
I
TAKEN UP wP ( PIL) NO: 56 OF 2020
Between:
Mr. R. Sameer Ahmed, Advocate, I'r Floor, l0-3-3l1l2lN3lA, Castle Hills Road No.l, Behind
NMDC, Masab Tank, Hyderabad 500 057
...Petitioner
AND

L State ofTelangana, Rep. by its Chief Secretary, Secretariat, Hyderabad.

2. State of Telangana, Represented by its Principal Secretary, Medical and Health
Department, Secretariat, Hyderabad.
3. State of Telangana, Represented by its Principal Secretary, Municipal Adr.ninistration and
Urban Development, Secretariat, Hyderabad.
4. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road,
Hyderabad.
5. State of Telangana, Represented by its Principal Secretary, Home Department,
Secretariat, Hyderabad
6. The Director General of Police, State ofTelangana, Lakdikapool, Hyderabad.
7. The Commissioner of Police, Cyberabad pommissionerate at Hyderabad.
8. The Commissioner of Police. Hyderabad tity. Basheerbagh, Hyderabad.
9. State of Telangana, Represented by its Principal Secretary, Revenue Department,
Secretariat, Hyderabad.
...Respondents

In compliance with the directions of My Lord the Hon'ble Chief Justice on the office
note dated 29.03.2020 filed under Article 226 of the Constitution of India praying that in the

circumstances stated in the Letter dated 27.03.2020 sent by the petitioner herein through email,

the High Court may be pleased to issue an appropriate Writ, Order or Orders more
particularly, one in the nature of a Writ of Mandamus to call for remarks from the
Respondents herein relating to and in connection with "protecting the lives of the Doctors
and their assisting staff in putting their life at risk by not providing complete Personal
Protection Equipment i.e., N-p5 Respirator Igask, Face shield, goggles, Corvell/ Gowns,
Shoe covers, Head covers etc., while testing reasonable suspects and patients of
Epidemic/Pandemic COVID-I9", since the Government of Telangana has directed the
Medical Practitioners/ Civil Assistant Surgeons serving in all Primary Health Centres
(including Urban Primary Health Centres) to physically visit the residence of each suspect,
examine and conduct counseling to reasonable suspects and the vulnerable family members
having the recent history of traveling from abroad and that the said Officers are directed to
continue the same activity on daily basis till the completion of l4 days of incubation period,
as the State is duty bound to protect the lives of the Doctors and their assisting staff who are
putting their life at risk without being provided complete Personal Protection Equipment
i.e., N-95 Respirator Mask, Face shield, goggles, Corvell/Gowns, Shoe covers, Head covers
etc., which amounts to sheer ihfringement ofth"i. Right to life enshrined under Article 2l
of the Constitution of India

H
 This petition coming on for hearing, upon perusing the Letter dated 27.03.2020 sent
/ by the petitioner herein through email and uporl'hearing the arguments of Advocate General
on behalf of Respondent Nos. 1 to 5 and 6 to 9 and of Sri N. Ashok Kumar. Standing
Counsel for Respondenr No. 4, the Court made the following.
ORDER:

"Heard the learned Advocate General for the State of Telangana, representing
respondents I to 5, 6 to 9 and Sri Nelli Ashok Kumar, learned Standing Counsel tbr
GHMC-4th respondent.
This Public Interest Litigation is registered at the instance of an Advocatc,
practising in the High Court, seeking a direction to the Central and State machinery of the
State Government arrayed as respondents in the PIL to provide complete Personal
Protection Equipment (PPE) ile.. (i) N-95 Res[irator Mask (ii) face shield, (iii) goggles (iv)
corvell/gowns (v) shoe covers (vi) head covers at the earliest to all the Medical
Practitioners and to all the aiding staff, including Multipurpose Health Assistants, rvho are
rendering services in all the PHCs, urban and rural, throughout the State ofTelangana for
the purpose of preventing the spread of Novel Coronavirus Disease, 2019. He has also
sought a direction to the respondents not to call for a meeting which results in the physical
gathering of Medical Practitioners along with Multipurpose Health Assistants and Asha
Karyakarthas.
According to the petitioner, there is an apprehension among the Medicfll
Practitioners employed hy the State Government about the risk to their lives because of
lack of PPEs since they have to conduct phypical examination and counsel nll the person
suspected of being infected by the said virus and they have to perform their duties in closc
proximity with potential carriers of the virus.
The concern exprcssed by the petitioner is a serious one and it is in the public intercst
that such equipment is also provided to them at the earliest so that they do not suffer anv
health risks in the course ofdischarge of their duties in dealing rvith the persons likcly to be
infected/ infected with the said virus.
On this aspect as well as about the aspect of calling for meetings involving physical
gathering of Medical Practitioners etc., the State of Telangana is directed to file an
affidavit setting out the measures already taken by it and the meas'ures proposed to be
taken by it, which shall be sworn to by the Principal Secretary, Medical and Health, State
I
ofTelangana.
List the matter on 06.04.2020.

sd/-
SRI JUSTICE M. S. RAMACHANDRA RAO

sd/-
SRI JUSTICE K. LAKSHMAN
//TRUE COPYII
I

REGISTRAR (JUDICIAL otr ?,2L0 u,,,:

SECTION OFFICIR
 To,
l. The Chief Secretary, State of Telangana, Secretadat, Hyderabad.
2. The Principal Secretary, Medical and Health Department, State of Telangana,
Secretariat. Hyderabad.
I
3. The Principal Secretary, Municipal Administration and Urban Development, State of
Telangana,Secretariat.Hyderabad. t
4. The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road,
Hyderabad.
5. The Principal Secretary, Home Department, State of Telangana, Secretariat, Hyderabad
6. The Director General of Police, State of Telangana, Lakdikapool, Hyderabad.
7. The Commissioner of Police, Cyberabad Commissionerate at Hyderabad.
8. The Commissioner ofPolice, Hyderabad City, Basheerbagh, Hyderabad.
9. The Principal Secretary, Revenue Department, State ofTelangana, Secretariat,
Hyderabad.
10. Sri R. Sameer Ahmed, Advocate, (OPUC)
I l. Two CCs to the Advocate General, High Court for the State of Telangana (OUT)
12. One CC to Sri N. Ashok Kumar, Standing Counsel for GHMC (OPUC)
13, Two spare copies
MBC

!
 !

HIGH COURT

MSR,J
&
KL,J

DATED: 0l/0412020

NOTE: POST ON 06.04.2020

ORDER

wP(PIL).No.56 of 2020

DIRECTION
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-1 APn 2[20