J.B.Pardiwala, J. - (1.) In response to our order dated 16th May 2020, the State Government has filed a detailed report of the steps taken so far as regards the problems of migrants, arrangements made with the private hospitals for the treatment of the COVID - 19 patients, etc. The report reads as under: "Report on behalf of the Respondent State pursuant to the order dated 14.05.2020 of this Hon'ble Court in Suo-Moto PIL 42 of 2020The present Report is being submitted in the captioned proceedings on the basis of the instructions provided by the concerned Departments of the State Government, presenting the arrangements in place as well as important actions taken in the wake of spread of COVID-19, with reference to various aspects indicated in the aforesaid order dated 14.05.2020 of this Hon'ble Court.The Hon'ble Court in its order dated 14.05.2020, has noted some of the submissions made by various applicants and sought a response from the state government with regard to the same. The issues raised by various applicants is as under.:1. Use of Gujarat State Road Transport Corporation buses to transport the migrant workers (para 6.1)2. Use of funds of the Real Estate Regulatory Authority for the benefit of construction workers (para 6.2)3. Bearing of costs of travel of migrant workers to their natives (paras 6.3 & 6.5)4. Use of community halls, marriage halls for the purpose of providing shelter to migrant workers and for quarantine purposes (para 6.4)5. Discharge policy of the COVID-19 patients (para 6.6)6. Necessary Arrangements for N-95 masks (para 6.7)7. Opening up of hair salons and making services of technicians and electricians available (paras 6.8 & 6.9)8. Conducting the Standard 10th & 12th examination (para 6.10)9. Issues at a colony in Asarva (para 6.11)10.Exorbitant amount being demanded by the private hospitals for treating the COVID-19 patients and lack of beds at Civil Hospital, Ahmedabad and SVP Hospital (para 6.12 & 6.13)I. Issues relating to the transportation of Migrant workers1. Before responding to the submissions canvassed by the applicants as noted by this Hon'ble Court in the order dated 14.05.2020, it is imperative to place on record, certain facts and figures, which would enable a better understanding of the efforts being undertaken by the State in assisting the migration of the migrant labourers.2. As per the estimates collected by the Labour officials and as per the details obtained from various Industrial associations, unions and through workers' representatives there were around 22.5 Lacs inter-state migrant workers across the State, prior to them being allowed to return to their native states. A bifurcation of the said migrant workers can be made as follows:a. Total number of inter-state migrant workers from other states, in and around Surat (I.e. South Gujarat) is approximately 11.5 Lacs. This figure is arrived at after a detailed survey carried out by 12 teams constituted by the labour department after visiting various GIDCs, engaging with various employee associations, worker associations and state specific worker associations.b. Total number of inter-state migrant workers, in the rest of the State: approximately 11 Lacs.3. It is submitted that the total number of inter-state migrant workers transferred to their native states by 21.05.2020, is 8,08,294. Ahmedabad, Surat, Vadodara, Rajkot, Gandhidham, Bharuch, Bhavnagar, Morbi, Palanpur and Valsad are the main Railway Stations in the State, from where the said migrant workers are being taken to board the trains. A copy of a table containing the details regarding the number of trains, that have departed from the various districts of the State, including the number of people that have travelled on board such trains, is annexed hereto and marked as Annexure-1.4. An application has been filed highlighting the issues faced by 17 Lac migrant workers in the district of Surat, which essentially include Textile and Power loom workers, Sugarcane migrant workers, migrant workers engaged in the construction sector, Hazira-belt migrant workers and workers engaged in the diamond industry . In the context of the figures stated in the said application, it is most humbly submitted that the said facts and figures, as presented in the application do not distinguish between migrant workers from different States and migrant workers from different districts of the State. As stated hereinabove, the figure of 11.5 Lac migrant workers from different states, I.e. inter-state migrant workers, has been arrived at on the basis of the data collected by 12 teams constituted by the labour department after visiting various GIDCs, engaging with various employee associations, worker associations and state specific worker associations and therefore, figures stated in the application may not be accurate. The following figures are particularly relevant in the context of the said application:a. The total number of Migrant workers from different states, I.e. inter-state Migrant workers, engaged in sugarcane factories, power looms, diamond industry etc. totals to 11.5 lacs, approximately. The total number of trains that have departed to different States (till 19.05.2020) from Surat alone is 205, with approximately 3,06,131 persons. A copy of a table containing the detailed break-up of the number of trains departing from Surat to different States, from 02.05.2020 to 19.05.2020, is annexed hereto and marked as Annexure-1-A.b. Till 19.05.2020, 2,48,402 inter-state migrant workers have departed from Surat to other States through 27,364 vehicles (cars and buses).c. Therefore, a total of 5,54,533 inter-state migrant workers have departed from Surat to their native states using different modes of transportation, I.e. Railways, bus, private transport, etc. A copy of a table containing the detailed break-up of the movement of workers from Surat to other States (till 19.05.2020) is annexed hereto and marked as Annexure-1-B.d. Between 21.05.2020 and 31.05.2020, approximately 300 more trains would ply with 4,80,000 inter-state migrant workers. This therefore, means that by 31.05.2020, only 1,50,000 migrant workers would be left in Surat, of which 1,15,000 have already resumed work in various factories and industries.e. It is submitted that approximately 3,94,437 migrant workers staying in Surat, who are from other districts of Gujarat, I.e. intra-state migrant workers, have left for their native districts through 30,975 vehicles (buses and private cars). It is pertinent to note that the figure of 11.5 Lac workers, as mentioned hereinabove pertains to workers from other States and does not include the labourers in Surat from other districts of the State. A copy of a table containing the detailed break-up of the movement of workers from Surat to other districts of the State (till 19.05.2020) is annexed hereto and marked as Annexure-1-C.f. It may be noted that the entire exercise of enabling migrants to return to their native states is being undertaken with the help of local administration, details of which have been indicated in the report dated 14.05.2020 filed before this Hon'ble Court.A. Movement by Gujarat State Road Transport Corporation1. With respect to the observations of the Hon'ble Court in the order dated 14.05.2020, pertaining to the movement of migrant labourers, by the Gujarat State Road Transport Corporation (GSRTC), it is pertinent to note that during this period of a pandemic situation, the buses of GSRTC have been in extensive employment for intra state transport, transport to railway stations from meeting points etc. GSRTC started transporting workers immediately on receipt of the directives from the State and has transported stranded migrant workers, pilgrims, tourists, students and other persons, cumulatively to the tune of 4,60,425 engaging more than 6000 buses on a regular basis till 16.05.2020.2. In order to assist the movement of the migrant workers, pilgrims, tourists, students and other persons who were stranded within or outside the State and reaching them safely to their native places as per the directives and guidelines of Ministry of Home Affairs and Ministry of Health and Family Welfare, Government of India, GSRTC has been supporting the District Administration all over the State in the transportation of labourers by placing buses at the disposal of the District Administration. GSRTC played a vital role and performed its duty diligently for picking and dropping the stranded labourers, pilgrims, students and travellers safely to their native places without issuing any tickets.3. While transferring the migrants, all the procedure as per the guidelines of Ministry of Home Affairs and Ministry of Health, Family Welfare, Government of India have been followed by the GSRTC in coordination with the local concerned district authorities, such as, all the buses which were used for migration of labourers were sanitized, safety measures was also taken for drivers and conductors, norms for the social distancing were also followed and medical screening of all migrant labourers was done by the concerned District Authority.4. It submitted that, the migration of labourers in large numbers to other States through buses is not a viable solution due to the long distance involved in such travel. For instance a journey to Bihar may entail 3 days of travel one way, transporting just 30 passengers per bus journey. For a 7 day preoccupation of the bus, only 30 migrant workers would be transported. Trains are the viable solution when it comes to transporting labourers over a long distance. GSRTC in continuous coordination with the local district authorities has provided the special operation as per the guidelines, norms and directives of the Government of India and the Respondent State. During this period, GSRTC has also operated 24x7 Control Rooms at Head Office and at all its Division offices and has made strong efforts for continuous coordination with all Divisions and State Control Rooms.5. The details of the special relief operations are mentioned below :I.As per the directives and guidance of Labour and Employment Department of Government of Gujarat and State Control Room, Gandhinagar, GSRTC had provided 1,017 buses for the migration of 58,757 Stranded Labourers of Gujarat State staying at various shelter homes of the state to drop them at the respective Railway Stations or at their respective state borders (in case of neighbouring States). The details pertaining to the same are annexed hereto in a tabular form and marked herewith as Annexure-2.ii.As per the guidelines of the Government of India and the Respondent State, it was decided to assist in the migration of the stranded labourers from various states to their native states through the Shramik Special Train, for this purpose as per the demand of the local district authority, GSRTC has provided 7,547 buses for 2,26,410 passengers who were dropped at the various Railway Stations of the state till date. The details pertaining to the same are annexed hereto in a tabular form and marked herewith as Annexure-2-A.Iii. There were many labourers from different districts of Gujarat who were staying in Surat and wanted to go back to their native districts. A committee was formed for the same, by Respondent State and accordingly, arrangements were made from 06.05.2020 for the migration of labourers from Surat to other districts of the State by GSRTC buses. For this purpose, an arrangement was done to pick up workers from their area of residence so that they do not have to travel to depots and unnecessary crowding can be avoided. Only one side fare has been charged to carry out this operation. Entire transportation is being carried out by following Social Distancing norms set by Ministry of Health, Family Welfare, Government of India. Till 16/05/2020 total 1,66,260 labourers have been transported with the help of 5,542 GSRTC buses. This operation is still going on. The details pertaining to the same are annexed hereto in a tabular form and marked herewith as Annexure-3.iv.In addition to the aforementioned steps, it would be pertinent to note that GSRTC has provided buses for the 1,809 pilgrims of Gujarat State who were stranded in Uttarakhand. Such pilgrims were brought back to Gujarat and dropped at their native places. GSRTC has also provided buses to bring back 349 Students who were studying at Kota, Rajasthan for bringing them back to Gujarat and such students were also dropped them at their respective districts. The details pertaining to the same are annexed hereto in a tabular form and marked herewith as Annexure-4.v.GSRTC has provided buses to pick and drop medical staff of civil hospitals of Ahmedabad and Gandhinagar. In total, under this extra ordinary and unexpected pandemic situation, GSRTC has transported 4,60,425 passengers through 14,521 buses till 16/05/2020. The details pertaining to the same are annexed hereto in a tabular form and marked herewith as Annexure-5. A few photographs of the efforts carried out by the GSRTC are annexed hereto and marked as Annexure-6.vi.From 20.05.2020, GSRTC buses have started regular operations and are plying across the state, in addition to the assisting in the commutation of migrants from the meeting points to the respective railway stations and for other amenities offered. It is pertinent to note that the GSRTC buses follow routes in 5 zones of the State, which are, North Zone (Banaskantha, Patan, Mehsana, Sabarkantha, Aravalli and Gandhinagar), Middle Zone (Kheda, Panchmahal, Vadodara, Mahisagar, Dahod, Anand and Chota Udepur), South Zone (Surat, Valsad, Tapi, Dang, Bharuch, Navsari and Narmada), Saurashtra zone (Rajkot, Morbi, Junagadh, Porbandar, Botad, Bhavnagar, Amreli, Jamnagar, Surendranagar, Gir Somnath and Devbhoomi Dwarka) and Kutch Zone (Connectivity from Bhuj to Saurashtra Zone). It is submitted that intra-zone movement of the GSRTC buses has already been started but inter-zone movement has been suspended for the time being. It is also submitted that strict instructions have been issued to ensure that there is no movement of buses through the containment zones in various districts. Furthermore, the services of GSRTC buses have not yet been started in Ahmedabad and have been suspended.B. Funds of the Real Estate Regulatory Authority1. With respect to the observations of the Hon'ble Court in the order dated 14.05.2020, pertaining to the funds of the Real Estate Regulatory Authority (RERA) being utilised for the benefit of the well-being of the construction workers, it is submitted that the RERA is established under the provisions of the Gujarat Real Estate (Regulation and Development) Act of 2020. The attention of this Hon'ble Court is drawn to the provisions as contained in Sec. 75 (1) and 75(2) of the Act. For ready reference of the Hon'ble Court the relevant provisions are being reproduced hereunder:75(1) The appropriate Government shall constitute a fund to be called the 'Real Estate Regulatory Fund' and there shall be credited thereto,(a) all Government grants received by the Authority; (b) the fees received under the Act;(c) the interest accrued on the amounts referred to in clauses (a) to (b).(2)The Fund shall be applied for meeting;(a) the salaries and allowances payable to the Chairperson and other Members, the adjudicating officer and the administrative expenses including the salaries and allowances payable to the officers and other employees of the Authority and the Appellate Tribunal;(b) the other expenses of the Authority in connecting with the discharge of its functions and for the purposes of this Act.2. In this regard it is most respectfully submitted before this Hon'ble Court that as provided hereinabove, the funds under the RERA Act can only be utilized for payment of salaries and other allowances of the Chairperson and other members as well as for other administrative expenses that may be required to be incurred by the authority for discharging its functions and purposes provided under the Act. Therefore, there is a statutory dictum for using the funds under the RERA Act and it is difficult for the RERA authority to go beyond the statute and utilize the funds for the benefits of construction workers. Moreover, the funds that are received by the RERA authority is either through grants or through fees. Therefore, the authority is obligated to utilize the funds that are received in form of grants from the State Government for the purpose for which the same is received.3. However, for the benefit of the construction workers, D.O. No. U-11017/09/2019-RW dated 24.03.2020 of the Ministry of State Labour & Employment, needs to be considered. Para 3 of the said direction states as under:"Under section 60, of the BOCW Act, 1996 the Central Government advice the state governments/UTs to frame a scheme under section 22(1)(h) of the Act for the transfer of adequate funds in the bank accounts of construction workers, through the Direct Benefit Transfer (DBT Mode). The amount to be granted to the construction workers may be decided by the respective state governments/UTs."4. As per the decision of the high level committee headed by Hon'ble Chief Minister, 65 lakh ration card holders (NFSA) are entitled for Rs.1000/- , one time, through DBT, in which the construction workers who have the ration card are included. Apart from this, the state government took the decision to include each and every registered Building and other construction workers, whether they have ration card or not. So, the 6.38 Lac registered Building and other construction workers have been granted a one-time benefit of Rs.1000/-. It is pertinent to note that the payment of Rs.1000/- is extended equally to the registered female construction workers at par with the male construction workers who are registered in the Building and other Construction Workers' Welfare Board.5. In this regard, it is submitted that the grant of Rs. 250 crores has been given by the Labour and Employment Department to the Food, Civil Supplies and Consumer Affairs Department. The payment, as mentioned hereinabove is being made by the Food, Civil Supplies and Consumer Affairs Department and a Government Resolution in respect of the same, being GR dated 18.04.2020, has also been passed by the State. A copy of the said GR dated 18.04.2020, is annexed hereto and marked as Annexure-6-A. It is submitted that as on 19.05.2020, the said amount of Rs. 1,000/- has been disbursed by the Food, Civil Supplies and Consumer Affairs Department to 3,48,629 construction workers. For the remaining 2,90,057 workers, the data available with the authorities is invalid/incomplete and the same is under process of re-checking and verification.C. Travelling charges of migrant workers1. The provisions of the Interstate Migrant Workers Act 1979 are applicable to the registered migrant workers under the said Act. There are 7,512 workers registered under the Act. Based on the available data, there are around 22.5 lacs migrant workers across the State. Most of them have come on their own and provisions for payment of travelling allowance and displacement allowance as required by Sections 14 and 15 of the Interstate Migrant Workers Act, 1979 is not applicable to them.2. However, in addition to provisions of the Interstate Migrant Workers Act, 1979, it is pertinent to note that transportation charges for migrant workers are being collected by the Railways that has issued rate charges for journey between different stations. Travelling arrangements are made at district level where many NGOs and civil society organisations have been involved to facilitate the transportation of migrant workers including the charges notified by the Railways. Further, the States of U.P., Odisha and Tamil Nadu have informed that they will deposit the payment for travelling charges to the Railways directly. No migrant worker has been denied travel to his home town on account of non-payment of travel charges.D. Additional details as regards Migrant workers in Surat1. Considering that many migrant workers are involved in the various industries in Surat district, certain steps have been taken by the administration for the workers in the said district.2. The State Labour Department has set up a help line number 155372 for the complaints regarding non- payment of salary. Office of the Deputy Commissioner of Labour, Surat has sent WhatsApp message regarding helpdesk number for salary/food complains to 8 union representatives that are directly in touch with approximately 2 lakh workforce of the district. The machinery has ensured the disposal of complaints as soon as possible. In Surat district, total 151 complaints have been received and resolved since 23-04- 2020. 3. In Surat district, as a result of immediate intervention and constant follow up of officers of Labour and Employment Department, total 18,314 establishments have paid Rs.5,38,39,34,171/- to approximately 3,98,334 employees against the salary/wages for the period of March 2020 and total 387 establishments have paid Rs.66,57,81,928/- to approximately 29,244 employees against the salary / wages of April 2020. The figures of salary paid for the month of March & April, 2020 are still being collected and reconciled.4. The office of Deputy Commissioner of Labour, Surat has also setup a control room for addressing complaints regarding non-payments of salary, food, health and reinstatement of employment, wherein total 484 complaints were received. Considering such complaints received from workers' / union representatives and order dated 22.04.2020 passed by Surat District Collector, designating the Deputy Commissioner of Labour, Surat and other officers to lodge such complaints, the Deputy Commissioner of Labour, Surat has issued a letter dated 07.05.2020, to all owners of establishment and contractor via e-mail and WhatsApp for furnishing details of salary / wages paid to their workers for the month of March and April 2020 in prescribed format. The copy of the order dated 22.04.2020 passed by Surat District Collector is annexed hereto and marked as Annexure-7. The copy of the letter dated 07.05.2020 issued by the Deputy Commissioner of Labour is annexed hereto and marked as Annexure-8.5. The Labour Officer, Surat has also issued a letter to one employer against the complaint received by the office for the payment of salary / wages to their workers / employees for the lockdown period of March & April 2020. The copy of such letter is attached is annexed hereto and marked as Annexure-9. Since the issue of payment of salary / wages to workers / employees during lockdown period as per MHA guideline is challenged before Hon'ble Apex Court and interim directions have been issued by the Hon'ble Apex Court, no further coercive action has been initiated by the labour officer in the matter.6. As per Surat district administration record, approximately 1,29,577 persons have moved to their native states through passes issued to buses and other vehicles for movement of interstate migratory labour and their families. Total 1,58,220 intra-state migrant labour and their families have been sent back to their native district I.e. from Surat to different districts of Saurashtra region through around 5,274 GSTRC buses. The District Administration is also planning to send around 325 GSTRC buses for Saurashtra region by 15-05- 2020.7. It is pertinent to place on record the orders dated 15.05.2020, passed by the Hon'ble Supreme Court in WRIT PETITION (CIVIL) Diary No(s). 11281/2020 and WRIT PETITION (CIVIL) Diary No(s). 11193/2020, granting interim protection to employers from their obligation to make full payments. Copies of the said orders passed by the Hon'ble Apex Court are annexed herewith and marked as Annexure-9-A.E. Contract workers working in salt pans in Rann of Kutch1. The migrant workers working in salt pans in Rann of Kutch, belong to other districts of Gujarat State I.e. from Surendranagar, Patan & Banaskantha districts. Wages for the month of March and April 2020 has been paid to the workers as per the details given below: JUDGEMENT_82_LAWS(GJH)5_2020_1.html2. Further, no complaint has been received regarding non-payment of wages neither on district help line number, labour commissioner office nor on the number of District Assistant Commissioner office. All the workers are from Gujarat only and therefore, the issue of sending such workers to their native States, does not arise.F. Migrant workers engaged in the activities of brick manufacturing With respect to the migrant workers engaged in the activities of brick manufacturing, it is submitted that the State authorities have been vigilant to ensure that no issues are faced by such workers. As per the data available, during the lockdown period, the State authorities (through the Assistant Labour Commissioners and other such officers) have visited and resolved issues pertaining to 592 such brick kiln establishments and have ensured payment of a sum of Rs. 26,16,74,187/- as wages to 28,075 workers. Any complaint for non-payment of wages for the period of lock down will be inquired and actions will be initiated. As stated hereinabove, the State has also setup a helpline no.155372 to address complaints related to non-payment of wages and any complaint received on the number is addressed expeditiously.II. Issues pertaining to the Health and Family Welfare DepartmentA. Arrangement of N-95 masksWith respect to the observations of the Hon'ble Court in the order dated 14.05.2020, pertaining to the arrangements for N-95 masks, it is submitted that the Government of India has issued guidelines for use of N-95 masks and other protective equipment by the health functionaries. The state government is following the said guidelines for providing required protective equipment to all the health workers and N-95 masks are not required for them. It is submitted that till date, the State has been able to procure 29,30,870 N-95 masks. It is further submitted that it is not mandatory for the common public to have N-95 masks and any type of mask covering the mouth is enough. However, it may be noted that there is no shortage of N-95 masks as alleged, for utilisation as per the guidelines. Annexed hereto and marked as Annexure-10(Colly) are the guidelines and the additional guidelines on rational use of Personal Protective Equipment issued by the Ministry of Health and Family Welfare, Government of India.B. Exorbitant amount being demanded by the private hospitals for treating the COVID-19 patients1. With regard to the exorbitant amount being demanded by the private hospitals for treating the COVID-19 patients, it is submitted that before giving sanction to the private hospitals for treatment COVID-19 patients, the Government had published a notification on 07.04.2020 to establish COVID-19 specialized hospitals in four Mega cities in Gujarat and in all the said hospitals treatment of COVID-19 is being given totally free including diet. Similar such Government COVID-19 hospitals are established in 25 Districts having totally 2,650 Beds for giving the treatment to COVID-19 patients totally free including diet vide GR dated 30.04.2020. Moreover, the State has designated Model Hospital (ESIC) Bapunagar having 250 Beds As Specialized Hospital for treatment of COVID-19 patients vide GR dated 15.05.2020. The copies of notifications dated 07.04.2020, 30.04.2020 and 15.05.2020, are annexed hereto and marked as Annexure-11 (Colly).2. It is submitted that initially, vide Government Resolution dated 16.04.2020, the State had resolved to designate some private hospitals for treatment of COVID-19 patients, free of cost. It is further submitted that the cost of such treatment was resolved to be borne by the State, subject to certain terms and conditions and at the rates, as stated in the said Resolution. A copy of the said resolution dated 16.04.2020, is annexed hereto and marked as Annexure-11-A. Subsequently, vide a Government Resolution dated 18.04.2020, the Government designated few more private hospitals to treat the COVID-19 patients, if such patients are willingly decide to obtain the treatment on their own expenses after verification of their capacity and infrastructure to give treatment as COVID-19 hospitals. A copy of the said resolution dated 18.04.2020, is annexed hereto and marked as Annexure-12.3. However, considering the growing number of cases and the worsening situation of the State and especially, the city of Ahmedabad and in light of the order dated 14.05.2020, passed by this Hon'ble Court in the present proceedings, it was decided to requisition more private hospitals for treatment of COVID-19 patients in a manner that would ensure a level playing field for the private hospitals in Ahmedabad. In this regard, the Municipal Commissioner, Ahmedabad, passed an order dated 16.05.2020 under the Epidemic Diseases Act, 1897, by virtue of the power vested in the Municipal Commissioner, Ahmedabad under Regulation 2(ii) as 'Authorised Person' and Clause 11(vii) read with Regulation 12 of the Gujarat Epidemic Diseases, COVID-19 Regulations, 2020. As per the said order, the hospitals that are requisitioned are directed to provide 50% of the total number of beds for patients to be referred by Ahmedabad Municipal Corporation and the rest 50% patients are to be admitted and to be treated privately, subject to the conditions mentioned in the order. Furthermore, as per the said order, all hospitals, whether designated or not, are mandated to charge COVID-19 patients, as per the ceiling rates mentioned in the said order. A copy of the said order dated 16.05.2020, passed by the Municipal Commissioner, Ahmedabad, is annexed hereto and marked as Annexure-13. It is pertinent to note that 42 hospitals have been requisitioned under the said order and the Respondent State shall requisition more hospitals, as and when the need arises. Furthermore, multi-specialty hospitals have been kept out of the purview of the order considering their functions in treating patients suffering from diseases and illnesses, other than COVID-19.4. It is pertinent to note that in light of the same, vide a Government Resolution dated 18.05.2020 passed by the Health and Family Welfare Department, the Respondent State has also resolved to suspend the operation of the aforementioned resolutions dated 16.04.2020 and 18.04.2020 and other resolutions on the issue. A copy of the Government Resolution dated 18.05.2020 passed by the Health and Family Welfare Department, is annexed hereto and marked as Annexure-14.5. At this juncture, it is imperative to bring to the notice of the Hon'ble Court that despite the order dated 16.05.2020, having been passed by the Municipal Commissioner, Ahmedabad, some hospitals have refused to cooperate with the state authorities and have not complied with the said order. A very serious situation has arisen, where under despite having been served with the notification and the MOU, these private hospitals are turning away patients referred by the corporation. In view of such non-compliance, 19 such hospitals have been issued with a notice dated 19.05.2020, highlighting that their such action tantamount to deliberately and willingfully disobeying the said order dated 16.05.2020 and results in causing grave prejudice to the safety and security of the public at large. The said notice also contemplates initiation of proceedings under civil and criminal law, including action under action under the relevant provisions of the Indian Penal Code, 1860, Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005. A copy of one such notice dated 19.05.2020, is annexed hereto and marked as Annexure-15.C. Testing Guidelines for COVID-191. Considering the growing risk of COVID-19, initially, the Respondent State, vide Circular dated 14.03.2020, published detailed guidelines to implement the protocol and actions for the global pandemic, for raising the level of awareness and knowledge of Surveillance Officers/Treating doctors in various areas by following the aforesaid precautions during the care and treatment of suspected patients. Further guidelines of laboratory testing in accordance with Government of India guidelines, have also been issued on 25.03.2020 by Additional Director (Medical Education). Copies of the said circular dated 14.03.2020 issued by the Health & Family Welfare Department and the guidelines issued by the by Additional Director (Medical Education) on 25.03.2020 are annexed hereto and marked as Annexure-16 (Colly).2. The Indian Council of Medical Research (ICMR) has over the course time, issued various strategies and revised for COVID-19 testing in India. The authorities of the Respondent State are presently following the said guidelines, for carrying out testing of COVID-19 patients in the State. A copy of the latest guidelines/ strategy issued by the ICMR on 18.05.2020, are annexed hereto and marked as Annexure-16-A.3. The facilities for testing were set up at the Civil Hospital, Ahmedabad, initially which were further increased at various places across the state. On 19/05/2020 following laboratories are designated for testing of COVID-19: JUDGEMENT_82_LAWS(GJH)5_2020_2.html4. However, it has been observed that in many instances unnecessary testing is being done by private laboratories and therefore, the State has decided to do gatekeeping for private lab. It is submitted that at present, the State has enough capacity of lab testing and the said facility is being provided, free of charge. Considering the same, vide letter bearing No.EPC/Corona Virus/Testing/Guideline B-20, dated 18/05/2020, the State has decided to conduct testing in government labs, so that patients can avoid unnecessary expenditure. The private laboratories shall be allowed to perform the tests, if and when, the capacity of Government labs is exhausted. A copy of the said letter dated 18.05.2020, is annexed hereto and marked as Annexure-17.D. Discharge Policy5. With respect to the observations of the Hon'ble Court in its order dated 14.05.2020, pertaining to the discharge policy of the COVID-19 patients, it is most humbly submitted that the Respondent State is following the revised discharge policy for COVID-19 cases, issued by Ministry of Health and Family Welfare (MOHFW), Government of India, on 08.05.2020. It is submitted that the said policy was prepared in consultation with ICMR and is in line with the MoHFW's guidelines on the categorization of the patients based on clinical severity and their management in the 3 tier COVID facilities. A copy of the saidRevised Discharge Policy for COVID-19 along with the FAQs on the said policy as issued by the MOHFW, is annexed hereto and marked as Annexure-18.6. As discussed hereinabove, the State Government has been continuously supervising the present situation in the State and in order to prevent the spreading of this disease, all types of efforts are being put in to ensure that no calamity occurs and the affected patients get proper treatment.III. Miscellaneous issuesA. Issues at Chamanpura Municipal Slum Quarters, Asarwa1. In context of the application filed raising certain issues at the Chamanpura Municipal Slum Quarters, Asarwa and with respect to the observations of the Hon'ble Court in its order dated 14.05.2020, regarding the same, it is submitted that the authorities of the State have carried out sanitisation drives earlier as well, and most recently on 20.05.2020 at the said Slum Quarters. The Respondent State undertakes to produce the relevant photographs pertaining to such sanitisation drive carried out on 20.05.2020, if called upon to do so.B. Payment to anganwadi workers1. The State vide GR dated 21.03.2020, passed by the Women and Child Welfare Department has been pleased to raise the honorarium paid to Anganwadi Worker/Helper of Women and Child Development Department. The details of the same are as under: JUDGEMENT_82_LAWS(GJH)5_2020_3.htmlTotal number of Anganwadi Workers are 51229 Increase in Honorarium - 600 Rs. Total number of Mini Anganwadi Workers are 1800 Increase in Honorarium300 Rs. Total number of Anganwadi Helpers are 51229 Increase in Honorarium - 300 Rs. A copy of the said GR dated 21.03.2020, is annexed hereto and marked as Annexure-19.2. The anganwadi workers shall be paid the increased honorarium w.e.f. From March, 2020 to be paid in April, 2020. In order to encourage the anganwadi workers, the GR dated 21/03/2020 has been made effective from March, 2019. Therefore, the anganwadi workers shall now also be entitled to the payment of arrears. The arrears of honorarium shall be paid to the anganwadi workers in three instalments in the months of May, 2020, September, 2020 and January, 2021 respectively.3. The total amount of arrears from March-19 to February-2020 to be paid to the anganwadi workers shall be Rs. 5597.54 lacs. In this regard a proposal has already been made to the Finance Department vide letter dated 24/04/2020 for making appropriate Provision in Budget and for release of grant of Rs. 1865.84 lacs towards the payment of 1st installment of arrears.4. The competent authorities are also taking a continuous follow up and arrangements have been made in all the Districts for payment of honorarium to anganwadi workers between 1st to 5th date of each month.5. The authorities have also received the certificates evidencing payments of honorarium to anganwadi workers working in four zones of the State of Gujarat viz. Ahmedabad, Vadodara, Surat and Rajkot for the month of April, 2020.5.1In this regard under the Ahmedabad zone payments have already been made to the anganwadi workers for the month of April, 2020 and the authorities have received certificates from almost all the districts falling under Ahmedabad zone viz. Mehsana, Aravalli, Botad, Surendranagar, Bhavnagar, Bhavnagar Urban, Sabarkantha, Ahmedabad, Banaskantha, Patan and Gandhinagar. The payments of honorarium to the anganwadi workers working in Ahmedabad Urban district was left out on account of closure of banks in containment zones.However as soon as the banking services resume in the Ahmedabad Urban District, the payments of honorarium to the anganwadi workers for the month of April, 2020 shall be released.5.2In the Baroda zone, the payment of increased honorarium for the month of April, 2020 has already been made to anganwadi workers working within the local limits of districts Kheda, Anand, Panchamahal, Chhota Udepur, Dahod, Vadodara, Vadodara Urban and Mahisagar. The payments of honorarium to the anganwadi workers working in Virpur unit of Mahisagar District has not been made as the concerned bank manager and his staff were quarantined. The payments of honorarium shall be made to the said workers as soon as the banking services in Virpur unit resumes.5.3In the Surat zone, the payment of increased honorarium for the month of April, 2020 has already been made to anganwadi workers working within the local limits of districts of Bharuch, Narmada, Surat, Navsari, Valsad, Tapi and Dang. In this zone payments have been made to all the anganwadi workers working in respective districts.5.4In the Rajkot zone, the payment of increased honorarium for the month of April, 2020 has already been made to anganwadi workers working within the local limits of districts of Porbandar, Junagadh, Kachchh, Rajkot, Jamnagar, Devbhumi Dwarka, Morbi, Somnath and Amreli. In this zone payments have been made to all the anganwadi workers working in respective districts.C. 10th & 12th Board examinations1. With respect to the observations of the Hon'ble Court in its order dated 14.05.2020, pertaining to the organisation of the 10th & 12th Board examinations, it is submitted before this Hon'ble Court that the examination for students studying in Std. 10th, the examination was conducted as per the declared schedule between 05/03/2020 to 17/03/2020. The examination for students studying in Std. 12th science stream was conducted as per the declared schedule between 05/03/2020 to 16/03/2020. The examination for students studying in Std. 12th general stream, post basic stream and vocational stream was conducted as per the declared schedule between 05/03/2020 to 21/03/2020.2. In the board examinations conducted by the state authorities in the month of March, 2020 a total of 10,83,198 students appeared in Std. 10th, a total of 1,43,483 students appeared in Std. 12th science stream and a total of 5,27,140 students appeared in Std. 12th general, post basic stream and vocational stream.3. Moreover, the state authorities have also completed the verification of answer sheets for students who appeared in the examinations for Std. 10th and 12th conducted in the month of March, 2020. The results of the students who appeared in the examination of Std 12th Science Stream are already declared by the state authorities on 17/05/2020. The results for the students who appeared in the examination of Std. 10 and Std. 12th general stream, post basic stream and vocational stream are under preparation and the state authorities are expected to declare the same at the earliest."
(2.) The two affidavits have also been filed along with the report. The same reads thus: "I, Dr. Raghav Dixit, workmg as Additional Director Medical rat Education and Research. State of Gujarat, having my office at Gandhinagar. Do hereby solemnly affirm and state as under. .1 I am competent to me the. Present affidavit and hence, I hereby do so in compliance with the direction contained in Para 15 of the order dated 14. 05. 2020 of this Hon' ble Court passed in the captioned proceedings, more particularly with reference to the question Nos.(1) and (3) referred to therein.2. As regards the Serum Potassium Level Test, I respectfully say that the same is regularly conducted with reference to COVlD-19 patients, more particularly in case of patients with co-morbid condition and high risk in nature. This apart, another test for other electrolytes like Serum Sodium and Serum Chloride Test is also conducted in case of the aforesaid category of COVlD-19 patients.3. Anesthesia Resident doctors remain physically present 24 ** 7 in the ICU and Senior Anesthetists are taking rounds daily as per duty roster.Private Critical Care Specialists services are being taken for ICU patients and they take rounds of the lCUs. Moreover daily Tele mentoring sessions are conducted What is stated hereinabove is true to the best of my knowledge and information derived from the record and \ believe the same to be true.Solemnly affirmed at Ahmadabad on this 21'" day of May. 2020.""I. Dr. Dinkar Raval, working as General Manager Admin & HR, Gujarat Medical Services Corporation Limited, having my office at Block No.14/1. Dr. Jivraj Mehta Bhavan, Old Sachivalaya. Gandhinagar, do hereby solemnly afflrm and state as under:1. I am competent to file the present affidavit and hence. ! Hereby do so in compliance with the direction contained in para 15 of the order dated 14.05.2020 of this Hon'ble Court passed in the captioned proceedings. More particularly with reference to the question No.(2) referred to therein.2. As regards the conducting of the quality check or fluid penetration test for the PPE supplied to the doctors and nurses, l respectfully say that the procurement of PPE kits and quality test thereof are conducted strictly in accordance with the guidelines for Novel Coronavirus Disease 2019 (COVID19) issued by Director General of Health Services (Emergency Medical Relief), Ministry of Health and Family Welfare.3. I further say that at the depot level an Expert Committee consisting of the following members has been constituted for examination and verification of the PPE kits.(i) District Quality Assurance Medical Officer(ii) Resident Medical Officer(iii) Depot Manger of GMSCL(iv) Senior Pharmacist4. Pertinently, all the procured PPE kits are certified by competent government approved laboratories like ATIRA, SITRA (Sought India Textile Research Association) etc. As far as test of fluid penetration / blood penetration for the PPE is concerned, the same is undertaken by the said competent government approved laboratories. The Expert Committee, after due verification and examination of samples of PPE kits as well as test reports and certificates issued by the said government approved laboratories confirming to the standards of ISO 16603 or equivalent standards, approves the said samples of PPE kits and thereafter. The purchase orders are issued to the suppliers. A specimen copy of the test report of fluid penetration test for PPE kit is annexed herewith and marked as Annexure-A.What is stated hereinabove is true to the best of my knowledge and information derived from the record and I believe the same to be true.Solemnly affirmed at Ahmedabad on this 20th day of May, 2020."
(3.) We may summarize the aforesaid exhaustive report filed by the State Government as under: JUDGEMENT_82_LAWS(GJH)5_2020_4.htmlC. Travelling charges of migrant workers i. 7,512 workers registered under the Interstate Migrant Workers Act 1979 Act. ii. Total number of workers is 22.5 Lacs. iii. Transportation charges for migrant workers are being collected by the Railways that has issued rate charges for journey between different stations. iv. Travelling arrangements are made at district level where many NGOs and civil society organisations have been involved. v. The States of U.P., Odisha and Tamil Nadu have informed that they will deposit the payment for travelling charges to the Railways directly. No migrant worker has been denied travel to his home town on account of non-payment of travel charges.C. Testing Guidelines for COVID-19 i. The authorities of the Respondent State are presently following the ICMR guidelines. The facilities for testing were set up at the Civil Hospital, Ahmedabad, initially which were further increased at various places across the state. ii. In many instances unnecessary testing was being done by private laboratories. The private laboratories shall be allowed to perform the tests, if and when, the capacity of Government labs is exhausted A. Issues at Chamanpura Municipal Slum Quarters, Asarwa State have carried out sanitisation drives earlier as well, and most recently on 20.05.2020 at the said Slum Quarters ;