Disposed

Dr.Wills Janardhanan v. State of Kerala

Kerala HC14 Sept 2021WP(C)/14448/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition regarding delay by the State in considering a request for discarded blood samples for research. The petitioner was directed to submit specific particulars to the Institutional Ethics Committee, which must then recommend to the Government for a final decision.

What did the court decide?

Petitioner directed to furnish particulars to Institutional Ethics Committee within a week; Committee to recommend within two weeks; Government to decide within ten days.

Dr.Wills Janardhanan Vs State of Kerala — Labour and Industrial Disputes | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 14^TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943 WP(C) NO. 14448 OF 2021

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PETITIONERS:

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DR.WILLS JANARDHANAN EDAYILEPARAMPIL, MYLAPRA TOWN P.O., PATHANAMTHITTA, KERALA 689 678 WORKING AS PROJECT CO-ORDINATOR, SIDBI INNOVATION AND INCUBATION CENTRE, INDIAN INSTITUTE OF TECHNOLOGY KANPUR, UTTAR PRADESH, INDIA.

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BY ADVS. M.T.SURESHKUMAR R.RENJITH SMITHA PHILIPOSE N.BIJA KRISHNA DARSAN SOMANATH SREELAKSHMI SABU RAFEEZ NOOH

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RESPONDENTS:

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1 STATE OF KERALA REP. BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, 6TH FLOOR, SECRETARIAT, ANNEXE-II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

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2 DIRECTOR OF MEDICAL EDUCATION MEDICAL COLLEGE,

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W.P.(C) No.14448 of 2021 2

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MEDICAL COLLEGE KUMARAPURAM RD, CHALAKKUZHI, THIRUVANANTHAPURAM, KERALA 695 011

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BY ADVS. SHRI.N.MANOJ KUMAR, STATE ATTORNEY SRI.P.G.PRAMOD, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.14448 of 2021

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W.P.(C) No.14448 of 2021

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J U D G M E N T

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The grievance voiced by the petitioner in the writ petition concerns the delay on the part of the State Government in taking a decision on Ext.P3 representation submitted by the petitioner.

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The petitioner is a scientist doing research with the support and funding of Biotechnology Industrial Research Assistance Council. It is stated that the petitioner is trying to develop a diagnostic kit to identify Tiger Moth Disease from infectious viral fevers. The petitioner has approached the first respondent seeking permission and assistance to collect discarded blood samples of fever patients collected at various Public Health Centers, Regional Health laboratories and District Hospitals in the State. Ext.P3 is the representation addressed

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W.P.(C) No.14448 of 2021 4

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by the petitioner in this regard to the Government. The writ petition is instituted alleging that Ext.P3 is not being considered by the Government.

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In terms of the interim order passed by this court on 26.07.2021, a statement has been filed on behalf of the Government stating, among others, that a decision in this regard can be taken by the Government only on the recommendation of the Institutional Ethics Committee attached to Government Medical College, Thiruvananthapuram. It is also stated in the statement that in order to make appropriate recommendations, the Institutional Ethics Committee needs the particulars mentioned in the statement. It is further stated that if the petitioner furnishes the particulars mentioned in the statement, the claim of the petitioner would be considered.

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Heard the learned counsel for the petitioner as also the learned Government Pleader.

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W.P.(C) No.14448 of 2021

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The particulars required from the petitioner as

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mentioned in the statement read thus:

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“a) A complete and detailed protocol to the Institutional Research Committee and IEC of this institute with all relevant documents and sanctions.

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b) Specify the number of samples intended to be collected and its source.

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c) Make appropriate arrangements for do identifying (anonymising), the samples thus collected.

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d) Provide an affidavit to the extent that the samples collected will be used exclusively for the purpose mentioned and the remaining discarded.”

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The learned counsel for the petitioner submits that the petitioner would be happy to provide the particulars aforesaid to the Institutional Ethics Committee attached to the Government Medical College, Thiruvananthapuram.

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In the circumstances, the writ petition is disposed of directing the petitioner to furnish the particulars aforesaid to

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W.P.(C) No.14448 of 2021 6

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the Institutional Ethics Committee attached to the Government Medical College, Thiruvananthapuram, within a week. It is also directed that the Institutional Ethics Committee attached to Government Medical College shall, within two weeks thereafter, consider the same and make appropriate recommendation to the Government. Needless to say that on receipt of the recommendation from the Institutional Ethics Committee, the Government shall take appropriate decision within ten days thereafter.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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W.P.(C) No.14448 of 2021

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APPENDIX OF WP(C) 14448/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MINISTER OF HEALTH AND FAMILY WELFARE OF THE STATE DATED 25/9/2019

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Exhibit P2 TRUE COPY OF THE RESEARCH ARTICLE PUBLISHED ON 13/4/2016

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Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 1/7/2021 AND THE DELIVERY DETAILS OF THE CONSIGNMENT VIDE INDIA POST

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Exhibit P4 TRUE COPY OF THE EMAIL COMMUNICATION BETWEEN THE PETITIONER AND THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE

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Exhibit P5 TRUE COPY OF THE ARTICLE PUBLISHED IN DOWN TO EARTH MAGAZINE SEPTEMBER 16-30, 2016.

Dr.Wills Janardhanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dr.Wills Janardhanan v. State of Kerala

Case brief

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