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TMI Blog2021 (8) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... in depth while passing orders, we are of the opinion that the High Court should normally consider the possibility of the implementation of the directions given by it, and such directions which are incapable of being implemented should be avoided. The doctrine of impossibility, would be equally applicable to Court orders as well. Considering the totality of the facts and circumstances, the impugned order dated 17.05.2021 is stayed. However, we make it clear that further proceedings before the High Court are not being stayed - this matter be now listed on 14.07.2021. - Special Leave to Appeal (C) No(s).7147/2021 - - - Dated:- 21-5-2021 - MR. VINEET SARAN AND MR. B.R. GAVAI, JJ. For Petitioner(s) : Mr. Tushar Mehta, SG ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted. As an example, learned SG has brought to our notice the direction as has been issued in paragraph 18 of the said order that every B Grade and C Grade town of the State should be provided with at least 20 ambulances, and further that every village should be provided with at least 2 ambulances having Intensive Care Unit facilities, and the same should be done within one month. Learned SG has submitted that there are over 97000 villages in the State of U.P. and it is practically and humanly impossible to provide two ambulances with such facilities in each village in the entire State in such a short period. Learned SG has stated that the endeavour of the State is to provide as many facilities as possible and they are prepared to work i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the world and start producing vaccine, which also, according to learned SG, is incapable of being implemented by the State Government, and may also have national and international ramifications. Learned SG has also brought to our notice that certain observations have been made with regard to the existing medical facilities in the State and the Court has observed that the entire medical system of the State pertaining to smaller cities and villages are Ram Bharose , i.e. in the hands of God. According to him, such observations demoralize the spirit of doctors and para medical staff who are working day and night and are trying their level best to take full care of the rising number of corona patients. In our view, the submission that s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certain policy decisions to be taken, which are in the domain of the Executive, which has the benefit of experts opinion and also has the complete data, which, according to the learned SG, may not be available with the Court and, as such, the same should be best left for the Executive to deal with. Learned SG has further submitted that since the concerned issues are matters of grave importance and because such matters are also pending in other High Courts and are mostly being dealt with by the Bench presided over by the Chief Justice of the respective High Courts, it would be desirable that this matter may also be dealt with by the Bench presided over by the Chief Justice of the Allahabad High Court. Be that as it may, it is a normal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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