M.Rajendran, v. The Chief Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023 CORAM :
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P(MD)Nos.1 and 2 of 2015 M.Rajendran ... Petitioner vs.
1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-9.
2. The Secretary, Government of Tamil Nadu, Health & Family Welfare Department, Secretariat, Chennai-9.
3. The President, Indian Medical Council of India, New Delhi-110 077.
4. The President, Tamil Nadu Medical Council of India, Chennai-600 026.
5. The Dean, Rajiv Gandhi Government General Hospital, Chennai.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to pursue and scrutinize Clinical Trials conducted in the Hospital under the control of the 5th respondent during the years 2008 to 2013
and further direct all the respondents to provide for all those Clinical Trial Participants a comprehensive Health Insurance, Pre-Trial and Post Trial Treatment Expenses, Financial Compensation in Trial related injury or death (including their nominees), by strictly complying the guidelines of Hon'ble Supreme Court of India and also based on the representations of the petitioner dated 01.04.2014 and 02.09.2014, within the stipulated time fixed by this Court. For Petitioner : No appearance For R1, R2 & R5 : Mr.P.Thilakkumar, Government Pleader For R3 : No appearance For R4 : Mr.C.Karthick
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The party-in-person is absent.
We have heard Mr.P.Thilakkumar, learned Government Pleader appearing for the respondent Nos.1, 2 and 5 and Mr.C.Karthick, learned counsel appearing for the respondent No.4.
2.
In this writ petition, directions are sought against the respondents to pursue and scrutinize Clinical Trials conducted in the Hospital under the control of the respondent No.5 during the years 2008 to 2013 and further direct all the respondents to provide for all those Clinical Trial Participants a comprehensive Health Insurance, Pre-Trial and Post Trial Treatment Expenses, Financial Compensation
in Trial related injury or death (including their nominees), by strictly complying the guidelines of Hon'ble Supreme Court. 3.
The counter affidavit is filed by the respondent No.5. Paragraphs 3, 6 and 7 of the said counter affidavit read thus:- ''3. It is submitted that no hospitals are run by the 4" respondent in his official capacity. However, Tamil Nadu Government provides free medicine to all the patients, by procuring the same through Tamil Nadu Medical Services Corporation Limited. All medicines are procured from good manufacturing practicing approved firms and subject to strict quality control norms.
4. ...
5. ...
6. It is submitted that the averments made in paragraph 6 of the affidavit are general statements relating to the Government of India as a whole. However, it is submitted that in respect of the fifth respondent Hospital, when the proposals are received from the sponsoring agency, the same is placed before the Institutional Ethical Committee of the Hospital. A meeting with the Members of Ethical Committee will be convened to discuss about the proposal and examine the necessity of such proposal. After getting approval, permission will be given in the 5th respondent hospital. It is submitted that the figures / details furnished therein relates to India in general and not to Tamil Nadu.
7. It is submitted that wherever the Drugs Trails are
conducted at fifth respondent Hospital, strict protocols and guidelines of the Drug Controller General of India and Indian Council of Medical Research are followed. Permission from Institutional Ethics Committee, Government of Tamil Nadu and Drug Controller General of India are obtained before conducting these drug trials.''
4.
In view of the aforesaid, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
[S.V.G., C.J.] [L.V.G., J.] 30.11.2023 Index : Yes / No bala To
1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-9.
2. The Secretary, Government of Tamil Nadu, Health & Family Welfare Department, Secretariat, Chennai-9.
3. The President, Indian Medical Council of India, New Delhi-110 077.
4. The President, Tamil Nadu Medical Council of India, Chennai-600 026.
5. The Dean, Rajiv Gandhi Government General Hospital, Chennai.
THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI, J.
bala 30.11.2023