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R.K.DESHPANDE, PUSHPA V.GANEDIWALA
Hospitals Association, Nagpur – Appellant
Versus
Government Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. response to covid-19 pandemic and related legislation (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments pertaining to state regulations and fundamental rights (Para 6 , 10 , 11 , 12 , 13 , 14) |
| 3. court's analysis of notifications and their authority (Para 7 , 8 , 9 , 16 , 24) |
| 4. determination of legislative competence regarding hospital rates (Para 17 , 19 , 20 , 22 , 23) |
| 5. conclusion on the legality of government notifications (Para 28 , 30 , 31 , 32) |
JUDGMENT
R.K. Deshpande, J. - The entire world is under the shadow of unprecedented atmosphere and situation, which has arisen due to Coronavirus disease (COVID-19) pandemic outbreak. The disease has spread its tentacles all over the world, which is fighting a war against it. The World Health Organization (WHO) has declared COVID-19 as pandemic on 11-3-2020. Three major challenges were pitted and those were - (i) to prevent the spread-over of the disease, (ii) to detect the persons infected with the disease and its source, i.e. contact tracing, and (iii) to treat the patients of the disease. The WHO has issued interim guidance on 19-3-2020, laying down the laboratory test guiding principles for the patients, who meet the suspected
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