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Central Government Should Supply Full Quota of Oxygen to the State of Bihar: Patna High Court

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The discussion is done through an online hearing on 23rd April 2021. The matter is filled upon a Suo moto cognizance regarding the shortcomings occurring in Covid Care Center’s (CCCs) in the second wave of Covid-19 pandemic.

Facts of the Case:

In the previous order dated 21st April 2021, it was discussed that an inspection should be mandatory for Covid Care Center’s (CCCs). In regards to that continuance, the hospitals with huge numbers of beds are denying the admission of Covid-19 patients. Government hospitals claimed that there is a lack of oxygen supply. Also, the Central Government has failed to supply the full quota of oxygen to the State Government of Bihar. Further, private hospitals have the responsibility to inform the State Government if they are not receiving the supply of oxygen. On 27th April 2021, The Director in Chief of Health Services of GOI will send a technical team headed by an officer to examine the obstacles coming in the second wave of Covid-19 and suggest some corrective measures.

Queries Raised and Responded.  

The action plan made by the State Government of India includes three pages. Annexure-6 of the action plan is divided into two categories, (1) oxygen requirement as per bed occupancy (2)  oxygen requirement as per bed availability. For the first category, the requirement of oxygen was  56.88 MT (medical transcription) for oxygenated beds and 11.22 MT for ICU beds, i.e. a total of 68.10 MT. For the second category, the State required 157.67 MT of oxygen for oxygenated beds and 12.42 MT of oxygen for ICU beds, i.e a total of 170.09 MT. Further, The Central Government has informed that it will supply 194 MT of oxygen per day. With this quota of supply, the State of Bihar can easily overcome the problem of oxygen. According to Annexure-3 of the action plan, Pressure Swing Adsorption (PSA) plants will be fixed at five places by the Government of India.

Court Analysis:

It has come into notice that according to the information given by this bench so far, the State of Bihar has not developed any software or effective that help in the second wave of Covid-19 pandemic. Further, Private hospitals that provide Covid care aren’t informing the Central or State government about the unavailability of oxygen. The state of Bihar isn’t getting a full quota of oxygen supply from the Central Government.

Court’s Decision:

It will be further discussed on 27th April 2021 at 2.30 pm in an online hearing with the particular advocates listed in this matter.

Click here to read the full Judgement.


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