SHIV KUMAR SHARMA. J. - (1.) This writ petition has been filed with a prayer to provide for suitable medical facilities at Railway Stations/Platforms and to ensure establishment of stalls/shops of life saving drugs/medicines at Railway Stations. During the pendency of writ petition following news item, published on February 30, 2004 in Daily Newspaper, pertaining to one Netrapal Singh, Chief Legal Assistant of Railway (Construction), who sustained severe heart attack while travelling from Jaipur to Kota in 2956 Up Mumbai Super Fast Train, was brought to the notice of this Court :- (Vernacular matter omitted.)
(2.) In order to ascertain as to whether travel in long distance trains was safe for sick and old persons and whether measures to meet out emergent illness were taken or not, show cause notices were issued to the respondents. In reply to the show cause notice additional affidavit has been filed by Divisional Manager, Jaipur Division stating therein that the Railways have already provided augmented first aid box consist of life saving/emergency drugs in long distance trains. An augmented first aid box is made available in Pantry Car and another first aid box is also available with the guards in all the trains. It is further averred that as per the Railway Board's order Railway Doctors were provided in following long distance trains as a pilot project :- (i) Rajdhani Express between Delhi- Mumbai 2951 and 2952 Up (ii) Vaishali Express between Gorakhpur to Delhi 2553 and 2554 Up Since November 19, 1996 medical service was provided in Rajdhani Express, which was consisting of one medical officer, one male nurse and one attendant. The above team used to Board train at 16.30 hrs. from Mumbai Central reaching New Delhi at 9.55 hrs. Again the same team used to travel by train from Delhi to Mumbai Central at 8.30 hrs. Six teams were arranged for this purpose and similar arrangements were made by providing separate teams for Vaishali Express. This arrangement continued for nearly four years and during that period it was found that those teams remained idle except doctors who attended very minor disease patients for ailment like back ache, headache, vomiting, dyspepsia, Bronchitis, Abdominal colic, Common cold and cough, sore throat, gastritis etc. During this period four serious passengers were also attended on running train by the team but they could not survive because of serious disease/critical condition, despite the best efforts. This resulted in loss of Doctor's hours in the hospital for large number of other patients.
(3.) For under-utilisation of the medical team and their lack of effectiveness was mainly for the reasons, incorporated in the affidavit, thus :- (i) In the running train it is difficult to record blood pressure, ECG, arrange cardio pulmonary resuscitation, giving intravenous injection/infusion, difficulty in auscultation heart and lungs because the noise of the trains, which is magnified by the stethoscope. (ii) Apart from above difficulties it was also felt that for treatment of different disease, a specialist is required. At a time specialist of all the fields cannot be provided in running train, moreso when it is found that medical team remains largely unutilised. (iii) Apart from above difficulties following difficulties were also experienced by the medical team :- (a) Passengers demanded medicine of their own choice; (b) Interpretation of ECG, even if it is somehow recorded in absence of specialist of the field is difficult; (c) In case of surgical emergency, same cannot be properly attended in running train; (d) Critical passengers require specialist attention; (e) Doctors have very limited diagnostic facilities in running train. There are possibilities of error of judgment. This may not only make them vulnerable to Consumer Protection Act, but also be against the interest of patients. Since the experiment of sending medical team was not found to be of much use and the facility was proved not to be of great help to serious and critical patients. The facility was discontinued.;