DELHI HIGH COURT
D.N.PATEL, JASMEET SINGH
Jaideep Ahuja – Appellant
Versus
Govt. of N.C.T of Delhi – Respondent
JUDGMENT
D.N.Patel, Chief Justice (Oral)--Proceedings in the matter have been conducted through video conferencing.
C.M.No.15332/2021 (exemptions from filing attested affidavits & court fee)
2. For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week and the requisite Court fee within a period of 72 hours from the date of resumption of regular functioning of the Court.
3. The application is disposed of.
W.P.(C) No.4999/2021
4. This public interest litigation has been preferred with the following prayers:-
"a) Issue a writ of mandamus to the Respondents directing the Respondents to formulate a policy to ensure that all Patients suffering from Covid-19 associated symptoms and who are in need of hospitalization on account of falling SPO2 levels shall be hospitalized and provided with the appropriate treatment immediately on the basis of prescription of a registered medical practitioners and without insisting on a RT-PCR positive test result;
b) Issue a writ of mandamus to the Respondents to add more testi
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.
The court opined that to prevent multiplicity of litigation, a writ petitioner may file an application in an existing case involving similar issues.
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.
Public authorities have an obligation to address representations from citizens and ensure public health transparency, particularly during a crisis.
The court emphasized that medical treatment protocols should remain within the jurisdiction of healthcare experts rather than being subject to judicial interference, especially concerning the managem....
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