[Faulty Ventilators via PM Cares] Bombay High Court objects to Centre's "insensitivity" after it defends manufacturer, blames doctors

The issue concerning faulty ventilators purchased through PM Cares Fund assumed centre stage today before the Aurangabad Bench of Bombay High Court which took exception to Central government's insensitive remarks and its eagerness to defend the manufacturers of such ventilators. .A Bench of Justices RV Ghuge and BU Debadwar refused to accept the Centre's defence that ventilators were in working condition and that the doctors and paramedics at Government Medical College and Hospital (GMCH), Aurangabad, which received the ventilators, were not properly trained to operate the same. The Court further said that the Assistant Solicitor General Ajay Talhar addressed the Court as if he was holding the brief for the manufacturer of the ventilators. ."The (Central government's) affidavit before us has a semblance of the affiant virtually defending the manufacturer and declaring that the ventilators are in operating condition. The ASGI has addressed us as if he is holding the brief for the Manufacturer," the Court expressed.The Court further expressed they would have appreciated had the Central government not entered into a "blame game"."The Ministry should have instead shown sensitivity towards the patients, it being the paramount object of the welfare State to take care of the health of it’s citizens," the Court added. .The Bench had on Tuesday directed the Centre to reveal what measures they would take on the issue of faulty ventilators when it was informed that out of 150 ventilators received from PM Cares, 113 ventilators which were unboxed and put to use at government or private hospitals were found to be defective.Assistant Solicitor General Ajay Talhar submitted to the Court that the 150 ventilators were never supplied through the PM Cares funds. .He placed reliance upon the affidavit submitted by the Under Secretary of the Ministry of Health and Family Welfare (MoHFW), to argue that the ventilators were manufactured by Jyoti CNC Automation Limited, Rajkot and were tested by applying world class testing parameters. "There was no material before the MoHFW to conclude that the ventilators are not working satisfactorily. All the 113 ventilators are showing operating status as OK" he submitted.On the contrary, he submitted, that the doctors and paramedics at GMCH are not properly trained to operate such ventilators.He added that the machines were manufactured following the due procedure prescribed by the Dean of GMCH and Dean was now merely doubting the machine without any material to fault the ventilators..The Court, however, refused to accept these contentions raised by MoHFW terming them as "insenstive""We would also appreciate if the MoHFW refrains from questioning the reports of the medical experts and instead respects such reports in the larger interest of the society and concentrates on rectifying the said machines," the Court said..The ASGI has addressed us as if he is holding the brief for the Manufacturer.Bombay High Court.Jyoti CNC contended in their affidavit that the ventilators failed to function properly due to inadequate infrastructure at GMCH and because the the user manual was not followed. Further, they argued that 300 ventilators which they submitted in other States of the country and other regions in Maharashtra were functioning properly. It was also stated that despite alleging faulty ventilators, GMCH has not raised any grievances by lodging formal complaints. .ASG submitted that MoHFW would take all remedial steps to ensure that ventilators operate normally and all defects would be removed.The Court directed MoHFW to apprise whether Jyoti CNC and the agency which delivered the machines to the Government Medical College at Aurangabad, had ever inquired as to whether the GMCH had the infrastructure to operate the said machines and whether any specific training was imparted to the technicians, who were supposed to operate them.The matter will be heard again on June 2. [Read Order]