SC says Centre’s O2 quota formula flawed
Says policy on allocating medical oxygen supplies to states needs a complete revamp
NEW DELHI: The Supreme Court on Thursday said that the central government’s policy on allocating medical oxygen supplies to states needed a “complete revamp”, highlighting what it said were the “most obvious points” of considerations overlooked by the expert committee.
Observing that it was inclined to set up a committee to review the Centre’s policy, the bench of justices Dhananjaya Y Chandrachud and MR Shah found fault with the Centre’s formula to link allocation of oxygen to only the number of beds in the hospitals of a state and its active cases.
“Your formula requires a complete revamp. Now, we tell you the practical problem is that when you prepared this formula, not everyone required oxygen or bed but many patients today require oxygen even at home. Your formula takes into account number of beds in hospitals but not those who will require it at home because there are no beds available anywhere,” it told solicitor general Tushar Mehta, who represented the Union government.
The court added that the formula, which computed total requirement of a state on the basis that 50% of the non-ICU beds required 10 litres of oxygen per minute, while 100% percent of the ICU beds required 24 litres per minute, also failed to take note of oxygen requirements for ambulances and Covid care facilities, besides the logistical issues regarding its transportation, turnaround time etc.
“If we look at Delhi, your forum is a gross underestimation of what is actually required for Delhi. This formula has to be looked at in the national perspective. We don’t want these proceedings to make Delhi-centric but this formula requires a revamp... your committee didn’t look at most obvious points which we as judges can see,” it said.
The Centre’s expert group comprised Dr VK Paul, (doctor and member, Niti Aayog), Dr Randeep Guleria (director, AIIMS), the director general of Indian Council of Medical Research and the director general, Health Services.
On his part, the S-G adduced a chart in the court to show that the Centre has complied with the court order and Delhi received 730 MT oxygen on May 6. He added that a survey of 56 big hospitals in the city on Wednesday has revealed that all of them had sufficient stock available with them and that large quantities of oxygen which reached on Wednesday was yet to be distributed.
Refuting Delhi’s claim of the daily requirement of 700 MT, Mehta also emphasised that the allotment made to other states was interfered with to comply with the court order of supplying 700 MT oxygen to Delhi every day.
“It is therefore clarified that any deficiency in other states resulting from diversion of their allotted quota to GNCTD may result into adverse consequences beyond the control of the Central government,” he maintained.