JUDGMENT :

R.K. Deshpande, J.

1. 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 case definition, and the protocol to meet the aforesaid three challenges. On similar lines, the Indian Council for Medical Research (ICMR) in the Department of Health Research, Government of India, has issued the guidelines on 4-4-2020, 9-4-2020, 17-4-2020, 24-4-2020 and 18-5-2020. The guidelines were also issued by the Government of India, Ministry of Health and Family Welfare, on 15-4-2020.

2. The only organ of the Constitution, which shouldered the res