Thread by @barandbench

Nagpur Bench of #BombayHighCourt refuses to intervene in the decision of the Maharashtra University of Health Science's (MUHS) to conduct physical examinations of their students commencing from June 10.

Adv Rahul Bhangde appearing for the PIL petitioners assailing this decision, requested the Court to direct students to carry negative RT-PCR test.

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Justice AG Gharote: These are responsible students who are future doctors. If we do not trust them, whom do we trust?
There is no guarantee that the students who test negative 72 hours before, will not test positive later.

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Bhangde: Let us not leave it to trust. Students coming from across the country may try to suppress their status only for the purpose of giving the exam.

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Adv Abhijit Deshpande appearing for the MUHS submits that he will have to take instructions from the University.

Deshpande: Testing 44,000 students five days before the exam is difficult at the 11th hour.

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Bhangde: Getting RT-PCR is not difficult at all in these times. These are colleges attached to labs themselves, it cannot be difficult.

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Justice Gharote: Getting RT-PCR is upto each student.

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Justice Gharote: This is the decision of the person who will be travelling from distance to taking an examination.

Bhangde: But getting RT PCT is not difficult now. It is available at every corner.
This should have been part of the SOP already.

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Bhangde: Temperature guns are insufficient. I will take a paracetamol and it will bring down my temperature.
Safety of all is important.

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Bhangde: We cannot leave this decision to the 40000 students who will take the exams with each other for 3 hours and in the live together.

In Dhule, it was the case where 37 students took a test and 7 students were tested positive.

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Bhangde: Exams have to go on. There is no doubt. This is just to ensure that safety of the students is maintained.

Deshpande: I am not opposing. This is only about testing 44000 students.

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Bhangde: This is about 300 students per city! It is a small number.

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Court grants time to Deshpande to get instructions on the issue.

Court to reassemble at 1.15 pm.

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As too many students joined in the hearing, the Nagpur Bench created a new link for the hearing.

Court is yet to re-assemble.

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Adv Deshpande states on instructions.

1. Neither National Medical Commission nor University Grants Commission has issued any directions to conduct RT PCR test.

2. It will be difficult to communicate this decision to 44000 students

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Deshpande: There are two modes, we email to the principal, or display on the university website. But since this is not issued by any of the commission, it will have to be through the order of the Court.

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Deshpande: My instructions are, breathing period will need to be given to all students as within 4 days they cannot conduct test and then come for the examination

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Deshpande: If student has given sample on June 7 and he gets his report on June 11, then he may lose his exam for no fault.
A suggestion is that only symptomatic students may be directed, which means that the students will have to be trusted.

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Deshpande: The State government has not directed for NEET or JEE, so then for MUHS may not be directed.

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Deshpande: We cannot compel them as the UGC, NMA nor the State government can compel them to undergo the test.

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Deshpande: We will give them 15 days to get the report. The examinations are not getting over in 10 days. This will give them breathing space.

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Bhangde: Today we will communicate through newspapers and social medias. It will spread like wild fire. The medical students will get it immediately.
They may be given a week, 15 days is too long.

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Deshpande: The question is that if the RT-PCR test is not received within a particular time then what happens?

Bhangde: This should have been in the first SOP itself.

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Deshpande: but this is not given by Commission or State, why is it coming on us…?

Justice Gharote: Ok this is not adversarial litigation..

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Bhangde: In my humble submission results from RT-PCR will not take as much time, as they believe it to be.

Deshpande: We cannot sit in our plush offices and decide what is happening outside. This is, we are talking about 44669 students.

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Deshpande: We are trying to find out a way after the interim order has been directed…
If he doesn’t get a report on June 10, then what?

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Deshpande: If they take vaccination, then they may be tested positive..

Bhangde: No, no this is not true..

Justice Gharote: Please, one by one.. Otherwise you both keep speaking and I will not be able to hear anything.

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Justice Gharote: There are two difficulties - one is communication to students.
Publicity will lead to most students being aware of it, but there is a chance that students may not be aware.

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Justice Gharote: If the student has no report, should he be turned away?

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Bhangde: Communication is not a problem..

Justice Gharote: Let us not move on presumptions..

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Bhangde: No no, I am justifying from facts. The students came to know about the notification of the MUHS within 24 hours after it was given out in all newspapers.
These are tech-savvy students...

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Justice Gharote: Is there no way..

Deshpande: We will be over burdened with work..

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Justice Gharote: No no, I am not saying RT-PCR tests, I am suggesting Rapid Antigen test, it will take 2 minutes for the result.

Deshpande: So then we suggest that there is Rapid Antigen and then RT PCR result within 10 days.
Double protection.

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Justice Gharote: Can you arrange on centres?

Deshpande: No this will not be possible at such a short dates, especially when there is no apex organisation which has directed this.

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Deshpande: Atleast 10 days be given...

Bhangde: 3 days is enough..

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Justice Gharote: We are talking about communication here.

Bhangde: We will publish in every newspaper.. We will issue a press release on our own. There are so many newspapers, The Hindu, The Indian Express, etc.. Social media..

@the_hindu @IndianExpress

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Justice Gharote: Ultimately it depends on the characters of the person!
I shouldn’t be saying anything more.

Bhangde: These are teenagers! 19-20 years..

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Justice Gharote: Some students are already inside the campuses.

Bhangde: But then these colleges are affiliated to hospitals, they have labs. It is in the campus itself.

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Justice Gharote: But this is not the question.. the question is what happens when they have no result.

Bhangde: They should be stopped from entering the hall..
Had this been in the SOP at 2020, the students would have arranged..

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Justice Gharote: Let us not go into what could have happened..

Bhangde: Yes. But then the labs are located within the campuses..

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Deshpande: But what if the lab is not able to give the result?
This is all uncertain.. We do not have factual data.

Bhangde: But lakhs of tests are being conducted, if after 1 and half years labs are inequipped..

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Justice Gharote: Do not give me general arguments. Tell me how the students will come to the examination centres and undertake the tests? If a direction is made that it is compulsory, the students will queue up at the labs.. and RT-PCR result will take some time..

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Justice Gharote: People may turn positive even with a negative report taken 72 hours before.

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Bhangde: Some precaution may be taken, so that some measures can be taken.. only to reduce chances.

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Bhangde: The government has made arrangement in every city, the medical colleges are set up in big cities where expenditure can be undertaken..

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Deshpande: It is catastrophic, when you walk on the road, in market.
And what happens when the students are all tested negative, and within 24 hours some are tested positive.

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Bhangde: I am asking for partial security. My learned friend is saying either there be full security or no security.
When we are having a congregation for an examination then there has to be some mechanism to ensure COVID +ve students are not sitting with others.

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Justice Gharote: You should have come a little earlier so that these directions could have given earlier.

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Bhangde: Wherever there is a gathering, there has to be RT-PCR.

Deshpande: 44000 students are being made to run from pillar to post bur for this student, and an NGO.

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Bhangde: There are 2000 students who have signed a google form, and lakhs of representations have been written to MUHS.

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Bhangde: I am only saying that the students who are tested positive are not made to sit with others.

Justice Gharote dictates order:

Bhangde makes a request for conduct of RT-PCR test by students 72 hours prior and produce the negative report to the hall.

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Order:

If no report is submitted then the student not be permitted to sit in the exam for the safety of the students.

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ORder:

Deshpande submits that neither the UGC, nor the National Medical association has issued directions to conduct RT-PCR test for the examinee before he enters hall. It is difficult to communicate to the 40000 students any such requirement if made compulsory now

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Order:

He submits that there are only two modes of communication. Email to the principals of the respective colleges, who in turn would have to ensure that communication to the students. Second is public notice on the website.

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Order:

He submits that since exams are starting from June 10, time period of June 7 is too less a time to implement these additional directives especially without directions from UGC and NMA.

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Order:

Generally speaking it will be suggested that the students should test themselves before the exam and come to the examination. And if they are positive then they should isolate themselves.

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Order:

However as a safety measure, it would be advisable for each examinee to have conducted RT-PCR test upon himself, and in only case when the examinee finds himself negative that he may attend the examination.

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Order:

MUHS is therefore directed to issue an advisory to all principals and on their website that each examinee should have himself tested for #Covid_19 and should produce the negative report to the examination with his hallticket on June 10, 2021.

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Order:

In case an examinee is not having such a certificate, he should be permitted to appear int he exam, but should also be asked to get an RT-PCR test conducted upon himself and produce a report in that regard on the next date of the examination.

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Justice Gharote: You can direct the examinees to bring a negative report..

Deshpande: As per your order, because I will be sending across this order..

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Order:

Needless to say that in case, the report is found positive, such an examinee would not be in a position to undertake the examination.

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Deshpande: Instead of the next date, milord ships may give a cap on the outer limit.
If exam is starting from June 10, then the next date may be after a week..

Justice Gharote: That does not solve the problemm..

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Order: Within the next date or preferably within June 15..

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Deshpande: The registry may be directed to upload…

Justice Gharote: This will be up within 10 minutes.

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