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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
Court mandated regulation of HRCT test prices in private hospitals, emphasizing the principles of justice and equity in light of similar actions by other states.
Headnote:(A) Article 21 of the Constitution of India - Public Interest Litigation - Regulation of prices for High-Resolution Computerised Tomography tests for patients with COVID-19 symptoms. Court recognized that HRCT tests in private hospitals lack regulation, leading to exorbitant pricing. (Paras 1-3)
(B) Judicial Directions - Following principles of justice, equity, and similar measures adopted by other States, the Court has mandated that authorities treat the petition as a representation and decide in accordance with applicable law. (Para 3)
| 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.
