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IN THE HIGH COURT OF DELHI
D.N. Patel, Jyoti Singh, JJ.
Shivleen Pasricha - Appellant
Versus
State (National Capital Territory of Delhi) - Respondent
W.P.(C) 5106 of 2021
Decided On : 31-05-2021
| Table of Content |
|---|
| 1. public interest litigation for regulating hrct test prices (Para 1) |
| 2. variability of hrct test rates in private hospitals (Para 2) |
| 3. court's directive for treating petition as representation (Para 3) |
| 4. writ petition disposed with directions (Para 4) |
ORDER
Proceedings have been conducted through video conferencing.
1. This public interest litigation has been preferred for the following reliefs:
"(a) Issue appropriate writ(s), order(s) and/or direction(s) in the nature of mandamus, or any other appropriate nature, directing the Respondents to take appropriate steps to regulate/cap the rate of High-Resolution Computerised Tomography ('HRCT') test/scan in the State of National Capital Territory of Delhi, specifically for patients having COVID-19 symptoms, in the interest of justice; and
(b) Pass any other and/or further necessary order(s) and/or direction(s) as this Hon'ble Court may deem fit, proper and necessary, in the interest of justice."
2. Learned counsel appearing for the Petitioner submits that the price/rate of the High-Resolution Computerised Tomography Test (hereinafter referred as 'HRCT Test') has been recently capped in the Government hospitals at Delhi whereas there is no regulation or capping in the private hospitals and the rates are varying from hospital to hospital and are on the higher side. It is also submitted that Notifications have been passed by various States such as States of Maharashtra, Punjab, Madhya Pradesh and Andhra Pradesh capping the price of HRCT Test upto Rs.3,000/-. In the States of Karnataka and Bihar rates have been regulated and capped even in the private hospitals. Learned counsel therefore submits that suffice would it be for the disposal of this writ petition that the concerned Respondent authorities are directed to treat the present petition as a representation and decide the same at the earliest.
3. In view of this limited submission by the petitioner, this writ petition is disposed of with direction to the concerned Respondent Authorities to treat this petition as a representation and decide the same in accordance with law, rules, regulations and Government policies, applicable to the facts of the case and also keeping in mind that similar actions have been taken in many States in the country, both in Government and private hospitals.
4. With these observations, the writ petition is hereby disposed of.
The main legal point established is the requirement for negotiation with private laboratories and consideration of overhead expenses in rate fixation, in line with ICMR guidelines and principles of f....
The court opined that to prevent multiplicity of litigation, a writ petitioner may file an application in an existing case involving similar issues.
The court ruled that patients with COVID-19 symptoms must be admitted without RT-PCR test results, emphasizing the importance of following health directives and improving testing infrastructure.
A public interest litigation is rendered infructuous when the reliefs sought have been effectively addressed by relevant authorities.
The right to health includes access to necessary testing for infections, and arbitrary restrictions on testing undermine this fundamental right.
The court may dispose of a petition as infructuous if the reliefs sought have already been addressed.
The court's discretion to dispose of a petition based on the lack of reason to keep it pending.
The court emphasized the necessity for timely responses from the State Government regarding health emergency communications and the effective management of Covid-19 resources.
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